Transitional Justice

How do communities recover from genocide? How do soldiers and civilians heal from war crimes? In the wake of human rights violations, how do societies move forward?

Transitional justice refers to how societies respond to legacies of massive and serious human rights violations.

Transitional justice includes practices that recognize and support victims of human rights violations, as well as enact social, political, and economic change. Advocates for transitional justice hope to rebuild trust within societies and establish respect for human rights. Transitional justice looks different in every society. Local experiences, political and economic conditions, and types of rights violations determine which practices are taken. The goals of transitional justice include:

  • Acknowledging the dignity of victims
  • Documenting the truth about human rights violations
  • Holding perpetrators accountable for their crimes
  • Offering restitution
  • Reconciling broken communities
  • Reforming institutions and changing laws and policies to prevent repetition of violations
  • Memorializing the victims

The most common practices are human rights trials, memorialization, reparations, official apologies and truth commissions.The most common practices are human rights trials, truth commissions, memorialization, apologies, and reparations.

 

Trials

Representatives gathered across a table for the first session of the International Criminal Tribunal for the former Yugoslavia
First session of the International Criminal Tribunal for the former Yugoslavia

Many countries hold national and international trials to prosecute perpetrators of rights violations. Human rights trials serve many purposes. They can restore dignity to victims by acknowledging that what was done to them was a crime and punishing those responsible for their victimhood. Trials help people discover the truth by creating an understanding of past crimes. By focusing on individual criminal accountability, they remove the stigma of collective guilt from innocent members of the community, making it easier to live together. Trials also re-establish the legitimacy of the rule of law by showing that no one, not even government officials, are above the law. Impunity, the refusal to investigate and prosecute crimes, encourages future human rights violations.

Trials can be held domestically, like Argentina putting former military officers on trial in 1985, or internationally, like the International Criminal Tribunal for Rwanda, which was was established to prosecute perpetrators of  the 1994 Rwandan genocide. Other examples include the International Criminal Tribunal for the former Yugoslavia, and the Special Court for Sierra Leone. The International Criminal Court can investigate and prosecute alleged perpetrators of war crimes, crimes against humanity, and genocide.

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Argentina's Human Rights Trials

Argentina is a leader in the use of human rights trials showing that it is possible for a State to transition from a human rights violator to a human rights protector. A military junta ruled Argentina between 1976-1983 during a period that came to be known as the dirty war. The junta suspended democracy, eliminated basic rights and repressed those who opposed its rule, including by abducting, disappearing, torturing, and sometimes killing political opponents. It is estimated that 30,000 people were victimized by the military regime including up to 10,000 people killed or permanently disappeared. 

In 1985, 9 former commanders in chief of the armed forces were put on trial for human rights violations including kidnapping, torture, forced disappearance and murder. The two most powerful leaders - General Jorge Videla and Admiral Emilio Massera - were sentenced to life in prison and 3 other leaders were given prison sentences ranging from 4 to 17 years. The trials were the first prosecutions of former heads of state in Latin America.

Truth Commissions

Truth commissions are non-judicial bodies established to make sense of past human rights violations. Commissions collect information through investigations and hearings, most of which are broadcast before the public. Hearings bring victims, perpetrators and other community members together to share their experiences and identify facts and patterns of violations. At the end of the process, commissioners issue a final report with recommendations on how societies can advance reconciliation. Official truth commissions are established by governments, like the South African Truth and Reconciliation Commission, which began investigating crimes committed during the Apartheid regime in 1995. When governments are unwilling to cooperate, civil society groups may establish unofficial truth commissions with similar mandates.

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South Africa’s Truth and Reconciliation Commission

Apartheid - a system of institutionalized racial segregation - was the official state policy of South Africa between 1948 and 1994. The white South African government created a racial cast system that codified white minority rule over all other racial groups. People categorized as African (Black), Coloured (of mixed racial heritage), and Indian (descended from South Asian immigrants) were denied their fundamental human rights. This system of racial oppression was enforced through unjust laws and policies and policed by brutal violence. 

Apartheid is defined in international law as inhumane acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them. These inhumane acts include murder, torture, arbitrary arrest, enforced disappearance, rape, and other crimes intended to destroy and exclude racial groups and deny them their rights.

Apartheid ended in South Africa through a negotiated political settlement after decades of armed struggle. The new Constitution established South Africa as a multiracial democracy. Transitional justice would be guided by the African principle of ubuntu - the idea that all of humanity is connected. The Government of National Unity created the Truth and Reconciliation Commission (1996-2003) to address reconciliation between racial groups. It collected testimony from more than 21,000 people in private and public hearings. It provided a forum for victims and perpetrators from all sides to face one another and discover each other’s humanity in an environment designed to foster truth telling. Many hearings were broadcast live on national radio and were covered extensively by print and television media. The final report which documented the truth of apartheid and proposed recommendations for reform, filled more than seven volumes. The South African TRC is among the most well-known and influential truth commissions.

The Minnesota Truth Council

In December 2025, the Trump Administration launched “Operation Metro Surge,” an unprecedented deployment of nearly 4,000 federal immigration agents to Minnesota in what the government described as the largest immigration enforcement action in U.S. history. In practice, immigration officers from the Department of Homeland Security (DHS) , Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP), engaged in unlawful activity and widespread abuse of human rights. A June 2026 report by Human Rights Watch, A Manufactured Crisis: Minnesota Communities Terrorized by the Federal Government, details how federal agents engaged in widespread abuse including two unlawful killings, racial profiling, unlawful detentions, excessive force, and abusive detention conditions, and how the operation disrupted access to health care, education, work, and food. The report also details how Minnesotans who resisted these violations of their rights were further subjected to abuse. 

On March 25, 2026, Minnesota Governor Tim Walz issued executive order 26-05 establishing the Governor’s Council to Record the Truth of Operation Metro Surge and Operation PARRIS on Minnesotans - called the Minnesota Truth Council for short. The Minnesota Truth Council is an independent, non-partisan body that will create a comprehensive historical record of survivor and witness experiences and produce a report with findings and recommendations for legislative and policy reform. The goal is to: prevent the recurrence of unlawful or harmful conduct by federal agents; document the harms and abuses experienced by Minnesota residents, businesses, schools, childcare providers, and local communities; and document how Minnesotans came together, supported one another, and persevered. The Advocates for Human Rights is the implementing partner of the Minnesota Truth Council and is responsible for story collection. Learn more about the Truth Council.

Memorialization

Shoes placed along the Danube River
Shoes on the Danube Bank Memorial, Budapest, Hungary

Memorialization preserves the memories of victims and educates others through accessible memorials, museums, historical sites, and communications. For example, many countries have constructed memorials and museums remembering and honoring Holocaust victims. Online resources, such as the USC Shoah Foundation Visual History Archive, share Holocaust education and survivor testimony with people worldwide.

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Shoes on the Danube Bank

The Shoes on the Danube Bank is a memorial that was erected in 2005 on the East bank of the Danube River in Budapest, Hungary. The memorial honors the thousands of Hungarian Jews who were shot and killed along the Danube River during World War II and the Nazi Holocaust, by the Hungarian fascist and pro-Nazi Arrow Cross Party. The victims were forced to remove their shoes before being shot so that they could be resold by the militia after the massacre. The shoes in the memorial are intentionally the style of those worn in the 1940s. 

The National Memorial for Peace and Justice

Located in Montgomery, Alabama, the National Memorial for Peace and Justice is dedicated to the legacy of Black Americans who were enslaved, terrorized by lynching, humiliated by racial segregation, and presumed guilty and dangerous. The memorial remembers more than 4,400 Black people killed in racial terror lynchings between 1877 and 1950. Racial terror lynchings were violent and public acts of torture aimed to traumatize and terrorize Black people throughout the United States. These lynchings left thousands dead and inflicted intense trauma on survivors, witnesses, and the African American community. They also contributed to the social, political, and economic marginalization of Black people. By publicly confronting the truth of American history, the memorial aims to move the country towards recovery and reconciliation.

Reparations

President Ronald Reagan sitting at a wooden table signing the Civil Liberties Act surrounded by Japanese American citizens
President Ronald Reagan signing the Civil Liberties Act

Reparations compensate people for the injustices they have faced. Reparations come in many forms, including monetary payments, social services, guaranteed civil rights, and the restoration of property. They may pertain to individuals or entire communities. Although reparations cannot make amends for human rights violations, especially for mass atrocity crimes, they provide victims with resources that improve standards of living. They reinforce that human rights violations are destructive and wrong, and that victims deserve full access to and enjoyment of human rights. 

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Civil Liberties Act: Reparations to Japanese Internment Camp Survivors

In 1988, U.S. President Ronald Reagan signed into law the Civil Liberties Act which apologized for the forced detention of Japanese Americans in internment camps during World War II and created a fund to compensate living survivors. Learn more about the personal impact of Japanese American internment from movie star and human rights activist, George Takei, in his talk, “Why I love a country that once betrayed me.”

Apologies

Governments, as well as private entities, make official apologies for human rights violations. Effective apologies assert that violations were wrong, affirm the experiences of victims. Apologies must also promise that violations will never happen again. Apologies are not tangible reparations, however, they rebuild trust between victims and the institutions that have wronged them. Trust is critical to transform societies into ones where people empathize with and guarantee rights for all.

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U.S. Congress Apologies for Slavery and Jim Crow Laws

In 2008, the United States House of Representatives passed a resolution putting forth an official apology to African-Americans for slavery and ‘Jim Crow’ era discriminatory laws. In 2009, the U.S. Senate followed suit, apologizing specifically for the brutality and inhumanity of slavery in the United States. These resolutions marked the first time the U.S. federal government made public and formal apologies for slavery and discriminatory treatment toward African-Americans. Notably, the Senate resolution specified that it could not be used as a basis for restitution or reparations. 

Transitional justice is most effective when multiple practices are taken. Trials ensure that perpetrators are held accountable and can no longer commit human rights violations, protecting entire communities. Reparations improve the lives of victims, while truth commissions encourage them to share their stories. Memorialization and official apologies amplify these stories, building widespread support for victims. When practices are taken openly and transparently, public awareness of and engagement in transitional justice increases. As more people take part in meaningful change, they build communities that will not tolerate future rights violations.

Thought Questions

1
Why are both the acknowledgement and reparation components of transitional justice important? What is the harm that comes with having one and not the other?
2
What is the significance of permanent memorialization like the shoes on the Danube Bank?
3
Why might official investigation of human rights violations through Truth Commissions be important for victims and communities?

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