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Transitional Justice, conflict resolution, and mediation

Transitional Justice in contemporary conflict resolution: from victors’ justice to victims’ justice

Syria Protest

This dialogue also addressed interactions between justice, mediation, and conflict resolution, noting that, as armed conflict is becoming both more widespread and more violent, there is a growing need to provide justice for victims and survivors.

Engagement throughout the conflict cycle was identified as important. A non-governmental mediator at the event described this interaction as relying on the shared goal between TJ and the mediation of ‘sustainable and just peace’. They argued that the incorporation of TJ throughout the mediation process (pre-negotiations, during negotiations, and in implementation) was imperative for advancing and strengthening conflict resolution outcomes. This was debated by some other participants, who suggested that TJ (particularly in the form of criminal accountability) is often too sensitive to address in practice. For instance, diplomats with experience of mediation admitted to raising justice and accountability with conflicting parties in private, rather than publicly, because such conversations could be escalatory and harmful to peace.

This led to broader debate about whether engagement between mediation and justice is sometimes under-recognised in practice, because it takes place behind closed doors; one experienced MENA diplomat said that they had rarely seen TJ specialists in the room during mediations (although this statement was refuted by an international TJ professional). Such contradictory narratives suggest that the relationship between TJ and mediation is an evolving area, and requires further examination.

Participants offered four recommendations for engagement between these fields:

  • First, approaches to addressing TJ within mediation should be adapted to local and context-specific realities, as there is no single universal model for this integration.
  • Second, TJ perspectives should be integrated earlier within the mediation processes, rather than as a solely post-conflict measure, to create more sustainable peace.
  • Third, links between mediation and TJ practitioners should be strengthened via more regular exchanges, specifically including expanded engagement with mediation actors on justice and accountability issues.
  • Fourth, more evidence and practical guidance should be developed for how accountability and mediation can be pursued in mutually reinforcing ways.

Participants at the event argued that these four mechanisms could enable appropriate stakeholder engagement within TJ across the conflict resolution landscape.

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Case study: Transitional Justice in Syria

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