"It should be recognized that in a perfect society victims are entitled to full justice, namely trial of the perpetrator and, if found guilty, adequate punishment. That ideal is not possible in the aftermath of massive violence."It should be recognized that in a perfect society victims are entitled to full justice, namely trial of the perpetrator and, if found guilty, adequate punishment. That ideal is not possible in the aftermath of massive violence. There are simply too many victims and too many perpetrators. Even the most sophisticated criminal justice system would be completely overwhelmed. It is for this reason that such societies have to find other solutions. Some countries simply forget the past and attempt to induce a national amnesia in its people. Of course that is bound to fail—the victims do not, indeed cannot, forget."¹
—Judge Richard J. Goldstone, Former Judge, Constitutional Court, South Africa; former Chief Prosecutor, International Criminal Tribunals on the former Yugoslavia and Rwanda.

More than thirty years ago, Facing History and Ourselves classrooms first began examining the case study of the rise of the Nazis and the horror of the Holocaust. Using our resource book Holocaust and Human Behavior as a guide, students explored such topics as conformity, obedience, resistance, propaganda, perpetrators and bystander behavior. The discussions were rich as students reflected on the range of choices individuals had made during that period in history, and then looked at themselves and the choices they were making in their own lives. But after studying this history, students still had questions—essential ones about justice and judgment: "Who is responsible? Do evil people get punished? What happens to people who do these terrible things? What happens to people who do nothing?" 

In response to these questions, we first created resources on the Nuremberg trials following the Holocaust; the first time in history that "crimes against humanity" were being tried in a court of law. But events in the world and our students' questions inspired us to look deeper and wider. Years later we began to explore the work of truth commissions as we studied post-apartheid South Africa. We looked at reconciliation initiatives, reparations and remembering. More questions emerged: "How can a society rebuild after such an horrific history?" And ultimately, "how can we prevent these atrocities from happening again?" This website is an attempt to address these questions as we further examine issues of justice and judgment.

For a society that has been through a period marked by genocide or mass violence, there are enormous challenges involved in trying to achieve stability, justice and reconciliation. We refer to the efforts undertaken during this period as transitional justice. The International Center for Transitional Justice (ICTJ) defines the term this way:

Transitional justice refers to a range of approaches that societies undertake to reckon with legacies of widespread or systematic human rights abuse as they move from a period of violent conflict or oppression towards peace, democracy, the rule of law, and respect for individual and collective rights. 

In making such a transition, societies must confront the painful legacy, or burden, of the past in order to achieve a holistic sense of justice for all citizens....A variety of approaches to transitional justice are available that can help wounded societies start anew. These approaches are both judicial and nonjudicial.

...Transitional justice incorporates a realistic view of the challenges faced by societies emerging from conflict or repression, and an appreciation of their unique cultural and historical contexts, without allowing these realities to serve as excuses for inaction...²

This website looks at the traditional transitional justice framework, in which the strategies taken are primarily legalistic and might include such approaches as constitution writing, prosecutions, and truth seeking bodies. But the site also attempts to illustrate the potential for a more holistic and integrated approach to prevention. It expands the list of "tools" to include resources on such areas as education and civil society, art, reparations, monuments and memorials. By putting forward a more holistic and integrated approach to transitional justice, we hope to push the boundaries of conventional wisdom and to inspire debate and discussion. How do individuals and societies reckon with past conflict and atrocity? And what can we learn from each other's successes and struggles?

We chose case studies of four countries—Germany, Northern Ireland, Rwanda and South Africa—each grappling with their own unique histories, seeking justice and reconciliation after genocide or mass violence. We purposefully chose them in order to present a wide range of tools and approaches. The countries presented have placed emphasis on different strategies as each attempts to transition towards a healed society and peaceful co-existence. Yet in each of the case studies we also find universal struggles and challenges, victories and opportunities. With these materials, we are not claiming to provide a comprehensive examination of these four countries in transition, but hope that the readings, video clips and other resources included in the module will deepen your thinking and expand your understanding of the many themes and issues presented, none of which are simple. The terrain of transitional justice is not smooth. It is complicated and solutions require hard work, creative thinking, the determination to start over even after strategies have failed, and a willingness to work together.

The questions our students first asked us, "Who should be held responsible? What is justice?" apply to all four histories. These questions are as vitally important today as they were thirty years ago, as together we examine the terrain of transitional justice.

¹ Between Vengeance and Forgiveness: Facing History after Genocide and Mass Violence by Martha Minow. Forward by Judge Richard Goldstone (Beacon Press, Boston) 1998, pp. ix-x.
² The International Center for Transitional Justice (ICTJ). Source.