You are on page 1of 8

Journal of Peace Research http://jpr.sagepub.

com/

Transitional justice in the world, 1970-2007: Insights from a new dataset


Tricia D Olsen, Leigh A Payne and Andrew G Reiter
Journal of Peace Research 2010 47: 803
DOI: 10.1177/0022343310382205

The online version of this article can be found at:


http://jpr.sagepub.com/content/47/6/803

Published by:

http://www.sagepublications.com

On behalf of:

Peace Research Institute Oslo

Additional services and information for Journal of Peace Research can be found at:

Email Alerts: http://jpr.sagepub.com/cgi/alerts

Subscriptions: http://jpr.sagepub.com/subscriptions

Reprints: http://www.sagepub.com/journalsReprints.nav

Permissions: http://www.sagepub.com/journalsPermissions.nav

Citations: http://jpr.sagepub.com/content/47/6/803.refs.html

Downloaded from jpr.sagepub.com at LUND UNIVERSITY LIBRARIES on March 21, 2011


Special Data Feature

Journal of Peace Research


47(6) 803–809
Transitional justice in the world, ª The Author(s) 2010
Reprints and permission:
sagepub.co.uk/journalsPermissions.nav
1970–2007: Insights from a new dataset DOI: 10.1177/0022343310382205
jpr.sagepub.com

Tricia D Olsen
Department of Political Science, University of Wisconsin-Madison
Leigh A Payne
Department of Sociology and Latin American Centre, University of Oxford
Andrew G Reiter
Department of Political Science, University of Wisconsin-Madison

Abstract
This article presents a new dataset of transitional justice mechanisms utilized worldwide from 1970–2007. These data
complement the growing body of quantitative and comparative analyses of transitional justice. This article summarizes three
important contributions made by the dataset. First, it includes five transitional justice mechanisms (trials, truth commissions,
amnesties, reparations, and lustration policies), allowing scholars to avoid many of the methodological errors committed by per-
forming single-mechanism studies. Second, it provides an expanded sample, both temporally and geographically, to facilitate
greater comparative and policy impact. Third, the dataset enables scholars to analyze transitional justice across a variety of polit-
ical contexts, including democratic transitions and civil wars. These data illuminate a new set of general trends and patterns in the
implementation of transitional justice worldwide. The findings show that countries adopt amnesties more often than other
mechanisms. They predominantly grant them in the context of civil war and to opponents of the state, rather than state agents.
Courts rarely prosecute those currently in power for human rights violations. In civil war settings, rebels, rather than state actors,
face trials. In post-authoritarian settings, courts try former authoritarian actors, but do not address crimes committed by the
opposition to authoritarian rule. The dataset also reveals regional patterns of mechanism usage. Trials, lustration policies, and
reparations occur most often in Europe. Non-European countries more frequently adopt truth commissions and amnesties than
do their European counterparts, with a particularly high number of amnesties granted in Latin America.

Keywords
amnesties, justice, transitional trials, truth commissions

Introduction and in post-conflict reconstruction. Recent efforts underway


in Colombia, Indonesia, Uganda, and Liberia suggest that
Societies emerging from periods of state repression and armed transitional justice will continue to remain at the forefront
conflict have pursued a variety of processes intended to address of international and domestic policy debates. In response,
past human rights violations. The array of mechanisms avail- international nongovernmental organizations (INGOs), such
able to states are collectively referred to as transitional justice as the International Center for Transitional Justice, now focus
and include distinct models of truth commissions, trials, and on assisting countries in developing appropriate transitional
vetting processes intended to hold perpetrators accountable; justice policies. A corresponding academic literature and many
victim-oriented restorative justice processes, including repara- university programs devoted to the topic have also emerged.1
tions, monuments, and public memory projects; and amnes- Quantitative analysis of transitional justice, however, remains
ties that seek to officially recognize but pardon past acts. underdeveloped. Much of the existing scholarly work relies on
Despite significant geographic and institutional variation,
transitional justice mechanisms share a common set of goals:
to avoid ‘repeating, reenacting, or reliving past horrors’; deter
future violations; and restore the dignity of citizens victimized Correspondence:
tdolsen@wisc.edu, leigh.payne@sant.ox.ac.uk, or reiter@wisc.edu
by atrocity (Bhargava, 2000: 54). 1
For a comprehensive bibliography on transitional justice see
Transitional justice decisions increasingly take center stage https://sites.google.com/site/transitionaljusticedatabase/transitional-justice-
during regime changes from authoritarian to democratic rule, bibliography.

Downloaded from jpr.sagepub.com at LUND UNIVERSITY LIBRARIES on March 21, 2011


804 journal of PEACE RESEARCH 47(6)

single-case or small-N studies. Attempts at generating data on from authoritarian rule. Kim & Sikkink (2010) have recently
transitional justice have been mainly limited to a small set of added truth commissions to this analysis. While these studies
cases or one particular mechanism. Scholars have called for have advanced our understanding of transitional justice
comparative data to better analyze existing assumptions mechanisms, areas for significant expansion and improvement
derived from single-case and single-mechanism studies and still exist. Mechanism-specific data can overlook important
to highlight new puzzles and avenues for research. patterns within transitional justice choices – why state actors
This article introduces such a project: a new, global dataset choose one mechanism over another, select many mechanisms
on transitional justice mechanisms (Olsen, Payne & Reiter in tandem, or sequence their mechanisms in particular ways
2010). Our dataset includes five distinct mechanisms – trials, over time. Sikkink & Walling (2007), for example, provide
truth commissions, amnesties, reparations, and lustration pol- evidence of a justice cascade in recent decades, whereby states
icies – in 123 countries that experienced civil war or transi- increasingly hold perpetrators accountable through trials. Yet
tioned from authoritarian rule from 1970 to 2007. We Mallinder (2008) demonstrates an equally persistent use of
begin this article by reviewing existing quantitative research amnesty during the same period. A dataset containing infor-
on transitional justice to illustrate how our work builds on pre- mation on multiple mechanisms has the ability to compare
vious data collection efforts. We then define the concept of trends and build theory around transitional justice.
transitional justice and the five transitional justice mechanisms Notable exceptions to the single-country, single-
and outline our data collection procedures. Next, we present mechanism approaches face another set of research challenges.
general findings from the dataset, highlighting global trends Backer (2004) and Skaar (1999) present data on a variety of
in transitional justice across regions and within different polit- transitional justice mechanisms over three decades. They
ical contexts. Finally, we propose ideas for future research and include only transitional democracies in their datasets, how-
data collection efforts. ever, and rely exclusively on secondary sources for their cod-
ing. The Civil War and Transitional Justice Dataset
(Binningsbø, Elster & Gates, 2005; Lie, Binningsbø & Gates,
Why a transitional justice dataset?
2007) employs systematic analysis of primary sources, but
Existing quantitative studies of transitional justice tend to focuses solely on internal armed conflict and mechanisms
focus on single countries. Gibson (2004, 2006), for example, implemented in the aftermath of such conflicts.
utilizes survey data from South Africa to assess the impact of To overcome the limitations of existing studies, we pro-
the South African Truth and Reconciliation Commission. duced the largest empirically-based, cross-national dataset on
Meernik (2005) studies the effects of arrests and judgments transitional justice practices worldwide. The dataset improves
made by the International Criminal Tribunal for the former on existing studies in three ways. First, we examine multiple
Yugoslavia with event history analysis. Comparative studies mechanisms – trials, truth commissions, amnesties, repara-
tend to explore transitional justice through qualitative analysis. tions, and lustration policies – thereby avoiding the methodo-
David (2003) examines lustration laws in Eastern Europe, and logical errors inherent in single-mechanism analyses. Including
Pion-Berlin (1993) compares transitional justice choices in the multiple mechanisms further allows researchers to more effec-
aftermath of authoritarianism – Latin America’s Southern tively test the hypotheses in the literature concerning states’
Cone, for example. In two larger comparative studies, Call choices. Rather than trade-offs between mechanisms (e.g.
(2007) evaluates security and justice reforms in eight post- truth vs. justice or impunity vs. accountability), we contend
conflict states, and Stromseth, Wippman & Brooks (2006) that states select a variety of mechanisms to deal with the vio-
investigate the effect of trials on the rule of law following peri- lent past. Amnesties persist, for example, alongside trials and
ods of international intervention. Their important contribu- truth commissions.
tions to the literature notwithstanding, these studies do not Second, the global and historic nature of our dataset
explore the generalizability of findings across an array of polit- allows us to identify temporal and geographic trends in tran-
ical contexts and regions. sitional justice implementation. Our data cover nearly four
The studies that do so tend to focus on particular mechan- decades, enabling us to identify long-term trends in state
isms. Hayner’s (2001) seminal work on truth commissions practices as well as shifts that correspond to global events,
examines 21 different commissions around the world and such as the collapse of the Soviet Union. With the expanded
establishes the most widely accepted definition of this mechan- temporal scope, we can analyze the entire third wave of
ism. Dancy, Kim & Wiebelhaus-Brahm (2010) build upon democracy, the large set of post-Cold War transitions, and
Hayner’s work in their Truth Commission Database Project. the armed conflicts that have fueled the recent expansion
Mallinder’s (2008) Amnesty Law Database presents descrip- of transitional justice since the mid-1990s. The global
tions and analysis of over 500 amnesty laws promulgated dimension of the dataset also allows us to avoid potential
worldwide since World War II. Sikkink & Walling (2007) regional biases. Finally, we examine the employment of
develop a new dataset on human rights trials by analyzing mechanisms as a response to civil wars and transitions from
US Department of State Country Reports on Human Rights authoritarian rule to democracy. This broad scope facilitates
Practices for countries that have transitioned to democracy a more comprehensive understanding of the adoption,

Downloaded from jpr.sagepub.com at LUND UNIVERSITY LIBRARIES on March 21, 2011


Olsen, Payne & Reiter 805

sequencing, and outcome of a range of transitional justice Transitional justice mechanisms


mechanisms in a variety of political contexts.
The universe of transitional justice consists of a wide range of
mechanisms, including writing new constitutions, creating
Defining transitional justice new government offices to address future human rights viola-
Despite the proliferation of transitional justice studies, scholars tions, reforming the judiciary and security sector, and con-
do not always agree on the meaning of the concept. Early scho- structing museums and memorials. We limit our analysis to
larship emphasized the use of mechanisms to ensure democra- the five main mechanisms most commonly recognized by
tization. Founding transitional justice scholars framed the scholars and practitioners as transitional justice: trials, truth
discussion around the issues that arise ‘when a government commissions, amnesties, reparations, and lustration. We do
that has engaged in gross violations of human rights is suc- so to avoid the danger of concept-stretching and to ensure the
ceeded by a regime more inclined to respect those rights’ (Hen- quality, consistency, and completeness of our data.
kin, 1989: 1). In her genealogy of the field, Teitel (2003) We define trials where perpetrators of human rights viola-
associates transitional justice ‘with periods of political change’, tions are held criminally accountable in a court of law. To be
intended to ‘confront the wrongdoings of repressive predecessor counted in the dataset, a verdict must conclude the trial. Pre-
regimes’ (p. 69). Following the United Nations’ involvement in vious studies count all years that prosecutorial activity is
the aftermath of the Balkan wars and the Rwandan genocide, underway, whether or not they reach a verdict. We include
scholars focused on post-conflict justice (Bassiouni, 2002). three sets of prosecutions in our dataset: armed conflict by state
More recently, academics have conceptualized transitional jus- and/or non-state actors; human rights violations by state actors
tice as occurring ‘in the aftermath of atrocity’ (Cobban, 2007) against their own citizens; and domestic political violence by
or ‘following a period of conflict, civil strife or repression’ non-state actors. The court may be domestic, international,
(Roht-Arriaza, 2006). We adopt this contemporary concept of or a hybrid body jointly administered by international and
transitional justice, as the array of processes designed to address domestic actors.2
systematic or widespread human rights violations committed Truth commissions are defined as newly established,
during periods of state repression or armed conflict, where temporary bodies officially sanctioned by the state or an
human rights violations are defined as extrajudicial killings, dis- international governmental organization to investigate a pat-
appearances, torture, and arbitrary arrest and imprisonment. tern of human rights abuses and that issue a report.3 Our
Conceptualizing transitional justice broadly provides scho- definition closely matches Hayner (2001) and Dancy, Kim
lars with the necessary data to grapple with the complexities & Wiebelhaus-Brahm (2010). We exclude pre-existing gov-
surrounding it. For example, the existence or direction of a ernment institutions that investigate human rights violations
causal relationship between political transitions and the adop- as part of their official duties. We also exclude commissions
tion of transitional justice is largely unknown. In some cases, created to investigate corruption, embezzlement, fraud, and
states adopt mechanisms as part of peace processes to pave the similar crimes. To be included in the dataset, the truth com-
way toward a transition. The Colombian Justice and Peace mission must complete its work and issue its findings.
Law, for example, began in the midst of armed conflict. In We include amnesties in our dataset, despite the fact that
other cases, transitional justice occurs long after a political many prominent transitional justice studies exclude them
transition. Japanese reparations to comfort women or delayed (e.g. Roht-Arriaza & Mariezcurrena, 2006).4 We concur with
human rights trials in Argentina and Chile, for example, sug- Snyder & Vinjamuri (2003) and others that state leaders con-
gest that mechanisms do not necessarily coincide with either sider amnesty a tool for resolving past atrocities. Scholars who
the transitional moment in which they evolve or the historical
moment in which abuses occurred. In other words, when 2
countries pursue transitional justice mechanisms remains an We do not include universal jurisdiction, defined as trials in one country for
crimes committed in another. While this is an interesting avenue for research,
empirical question that only a dataset like ours can address. such events say more about the state of human rights in the country in which
Researchers similarly disagree over the ‘justice’ concept in the the trial was held, rather than in the country in which the crimes were
term. For some, ‘justice’ requires retributive or prosecutorial committed, which is the concern of this project. Nor do we include
measures that hold perpetrators accountable for abuses. Others regional courts. The majority of these cases do not address human rights
allow for restorative and non-prosecutorial mechanisms that violations as defined in our analysis. The European Court of Human
Rights, for example, has made over 10,000 judgments, the vast majority of
heal victims and bring reconciliation to societies. Still others which would not qualify. Extracting the relevant cases is simply beyond the
value amnesty as a mechanism that acknowledges wrongdoing, scope of this project. Finally, the International Criminal Court is excluded
but releases societies from the trap of the past. Rather than because to date it has yet to render a verdict.
3
making normative assumptions about the appropriate form We exclude non-state projects that investigate and uncover the truth about
past violations, since they do not represent official decisions on behalf of state
of justice, our dataset recognizes that societies adopt a variety
actors. Future research could expand the dataset and catalogue these efforts.
of mechanisms to engage their violent pasts and allows scholars 4
While we recognize the de jure distinction between amnesty and pardon, in
to include or exclude specific mechanisms based upon their most cases, there is no de facto distinction between the two. As such, we
own operationalization of transitional justice. include both under the term amnesty.

Downloaded from jpr.sagepub.com at LUND UNIVERSITY LIBRARIES on March 21, 2011


806 journal of PEACE RESEARCH 47(6)

include amnesty argue that an official declaration of an process to determine coverage of events.7 If mechanisms are not
amnesty by a state serves as a formal acknowledgement of the reported by other news agencies or by governments, for exam-
crimes committed. This public acknowledgement may influ- ple, they will not appear in Keesing’s. Despite these concerns
ence societal understanding of past atrocities and legitimize about underreporting, we found that Keesing’s covered more
victims’ claims against perpetrators. We code amnesties when transitional justice mechanisms than the secondary literature
a state officially declares that those accused or convicted of and existing datasets. Keesing’s coverage could also reflect bias,
human rights violations, whether individuals or groups, resulting in an emphasis on some mechanisms over others. Our
will not be prosecuted or further prosecuted, and/or will be findings, however, support claims made in the existing litera-
pardoned for their crimes and released from prison. ture and datasets: large numbers of trials and amnesties, and far
We define reparations as a state’s official grant of monetary fewer truth commissions, lustration policies, and reparation
payments, property, or other forms of restitution of monetary programs. A final concern involved the completeness of cover-
value to victims, or to relatives of victims, of past human rights age. Keesing’s often identifies a transitional justice mechanism,
violations (see De Greiff, 2006).5 Lastly, we code lustration but fails to include specific information on that mechanism for
policies, which include vetting or purging individuals from our analysis. We overcame this limitation by supplementing
positions they currently hold and/or banning them from hold- Keesing’s with information culled from secondary sources. The
ing specific positions in the future (see Mayer-Rieckh & De secondary sources were only used to supplement information
Greiff, 2007). Most lustration scholarship focuses on post- about a mechanism already found in Keesing’s; we did not use
Soviet Eastern Europe and the efforts by current governments secondary resources to add additional mechanisms to the
to distinguish themselves and their practices from the former dataset.
Communist regime (Boed, 1998; Ellis, 1996), but other Our dataset begins in 1970. While transitional justice
governments around the world have also used these policies mechanisms occurred prior to that year, we chose this time
to address past atrocities. These policies do not necessarily frame to capture the commencement of the third wave of
determine individuals’ responsibility for specific acts, but may democracy, in which transitional justice began to assume a more
hold them accountable for groups with which they are associ- prominent role in the aftermath of political transitions. The
ated (e.g. political party, ethnic or religious group, military). 1970 start date includes the cases from which the majority of
Lustration policies can apply to government employment, transitional justice theory is based and that have sparked most
membership in the security forces, or both. of the scholarly and policy interest in the subject.
The dataset includes all countries in the world that have
experienced a transition from authoritarian rule to democracy
Data collection or an internal armed conflict during our period of analysis. We
To construct our dataset, we systematically analyze Keesing’s identify the subset of democratic transition cases by utilizing
World News Archives, a catalog of world events.6 Our deci- Polity IV’s Regime Transition variable (Marshall & Jaggers,
sion to utilize Keesing’s is based on a combination of factors. 2004).8 First, we code a transition-year for those countries that
Keesing’s provides the coverage – geographically and tempo- experienced a regime change (defined by Polity as a three or
rally – necessary to develop a cross-national dataset of transi- more point increase in the POLITY score) and that moved
tional justice over nearly four decades. Utilizing news from autocracy (a negative or zero score) to either a partial
sources from around the world, including newspapers and wire democracy (score of 1–6) or a full democracy (score of 7–10).
services, and government reports, Keesing’s, moreover, pro- Second, we code a transition year for those countries that are
vides an unparalleled source of unbiased summaries of world coded in Polity’s REGTRANS variable as state transformation
events. Finally, Keesing’s constitutes a respected and reliable (97) or state creation (99) and where the first year of the new
resource for coverage of political, social, and economic events polity is a partial or full democracy and the previous polity was
(Engene, 2007), making it an appropriate resource for infor- autocratic. This process yields 91 transitions to democracy
mation on transitional justice mechanisms. in 74 countries from 1970–2004 (see replication file).9 We
While Keesing’s allows us to systematically document tran- code for mechanisms implemented during the transition
sitional justice mechanisms over the past four decades, we
acknowledge the potential limitations in using one source:
underreporting, bias, and incompleteness. Keesing’s may 7
These steps are: (1) locate and authenticate a wide range of international news
underreport transitional justice mechanisms due to its six-step sources; (2) examine and collate their news output on a daily basis; (3) compare
the facts and figures from different sources to distil the most accurate possible
information; (4) discard biased, speculative, misleading or inaccurate material;
5
We exclude reparations paid by non-state agents who may choose to com- (5) research and verify the remaining information; (6) use this raw material to
pensate individuals on their own. Many companies, for example, have since write articles which accurately summarize world events.
8
paid reparations to victims of slave labor practices during Nazi Germany; such For a similar use of Polity IV’s data to determine democratic transitions see,
acts are not included here. for example, Epstein et al. (2006); Sikkink & Walling (2007).
6 9
Keesing’s World News Archives includes Keesing’s Contemporary Archives We are limited to 2004 rather than 2007 because of the coverage of the most
(1931–87) and Keesing’s Record of World Events (1987–present). recent version of Polity IV at the time of the analysis.

Downloaded from jpr.sagepub.com at LUND UNIVERSITY LIBRARIES on March 21, 2011


Olsen, Payne & Reiter 807

(defined as two years prior to the transition year) and any year Table I. Transitional justice mechanisms (all cases)
following the transition through 2007.
Number of
We also identify a subset of cases of civil war. We include
Mechanism Number countries employing
cases of internal and internationalized-internal armed conflict
as identified by the Uppsala/PRIO Armed Conflict Dataset, Trials 81 38
where armed conflict is defined as ‘a contested incompatibility Truth commissions 53 37
that concerns government and/or territory where the use of Amnesties 229 72
armed force between two parties, of which at least one is the Reparations 23 18
Lustration policies 34 23
government of a state, results in at least 25 battle-related
deaths’ (Gleditsch et al., 2002). Both minor conflicts
(25–999 battle-deaths per year) and major wars (more than Table II. Amnesties and trials (sample subsets)
1,000 battle-deaths in at least one year) are included. We
State
code a new, separate conflict if there are five or more years
Type agents Opponents Both Total
of peace between years of at least 25 battle-deaths.10 This
selection process yields 154 cases of internal armed conflict Amnesty - Civil war 2 150 40 192
in 92 countries (see replication file). We code for mechanisms Amnesty - Authoritarian rule 21 2 14 37
implemented during the civil war and in any year from the end Trials - Civil war 8 27 5 40
Trials - Authoritarian rule 41 0 0 41
of the conflict through 2007.11
With these data, scholars may choose the sample that
best suits their research interests (those countries that transi-
tioned to democracy and/or endured a civil war). We orga- Transitional justice in the world
nize the dataset in two formats. In one format, the The single-country, single-mechanism orientation of transi-
transitional justice mechanism is the unit of analysis and tional justice research tends to emphasize landmark cases, lead-
we provide a short description of each mechanism. We also ing to the perception of transitional justice as a response only
provide a panel-data format, where the country-year is the to the worst types of abuses such as genocide or apartheid. Our
unit of analysis with a dichotomous indicator for each tran- data, however, paint a different picture. We find that transi-
sitional justice mechanism utilized per country per year.12 tional justice mechanisms are utilized in the aftermath of vir-
The panel-data format, noting the years in which democratic tually every period of repression or violence. Notable
transitions occur and civil wars terminate, allows researchers variations exist over time, across cases, and between different
to explore the timing of political events and their relation- political contexts, but transitional justice has persisted as a
ship to the adoption of particular mechanisms.13 That rela- political tool to deal with past abuses throughout the world for
tionship reveals both the impact of transitional justice most of the past four decades. Our dataset contains 421
mechanisms on democratic transitions and peace processes mechanisms implemented worldwide since 1970 (Table I).
and the role that these political openings have on the adop- Amnesty, the most frequently used form of transitional
tion of mechanisms. justice, accounts for over one half of the mechanisms. To end
conflict and sustain peace, states tend to grant amnesties to
the opposition either during or after civil wars. Less com-
monly, states enact amnesties to address their own abuses.
10
This corresponds to the onset coding outlined in Strand (2006). This type of amnesty includes both self-amnesties granted
11
Of the 154 conflicts occurring from 1970 to 2007, 19 began prior to 1970. prior to regime change and amnesties passed by new regimes
We are not able to code for mechanisms during years of conflicts prior to
1970. Removing these cases, however, does not alter any of the patterns
for crimes committed under the previous regime. Our data
presented here. on trials reflects a similar pattern: in civil war contexts, states
12
While we acknowledge that mechanisms vary in the number of people they tend to prosecute their non-state opponents, while in post-
affect (for example, amnesties may apply to thousands while trials can be for authoritarian settings, states try agents of the prior regime
individuals), such data is not often available. Furthermore, the number of (Table II).14
individuals affected may not necessarily correspond to influence; the trial of
a top official, for example, may do more to deter future abuses than the
Our data also reveal interesting variation across regions and
trial of 20 low-level officials. Those concerned about this issue are advised transition type.15 We find that post-authoritarian states,
to utilize the panel-data format where, adopting a conservative approach,
we simply designate the presence or absence of specific mechanisms in a given
country-year.
13 14
The dataset allows researchers to calculate, for example, the number of years Whether an amnesty or trial covers state agents depends on whether the
between a transition to democracy and the adoption of particular mechanisms. individuals were agents of the state when they committed human rights
It also allows researchers to determine whether countries adopt these violations, not when the mechanism was implemented.
15
mechanisms before, during, or after civil war. Furthermore, countries often To define regions we use the UN’s region codes: http://unstats.un.org/
experience more than one transition or conflict, and these data reveal how unsd/methods/m49/m49regin.htm. Note that we combine Oceania and
countries’ approaches to human rights violations shift over time. Asia into one category.

Downloaded from jpr.sagepub.com at LUND UNIVERSITY LIBRARIES on March 21, 2011


808 journal of PEACE RESEARCH 47(6)

Table III. Transitional justice mechanisms (region and sample subset) include the numbers and ranks of those held accountable, their
sentences, and appeals. More data on the level of reparations
Asia and
payments, the number of individuals and the types of crimes
Type Africa Oceania Europe Americas
covered by amnesty laws and lustration policies, or the differ-
Number of civil wars 56 72 18 18 ences in mandates among truth commissions would further
Number of democratic 29 21 22 19 enhance the dataset. We are currently involved in a new
transitions project that aims to generate more nuanced information
Trials regarding the types of trials, amnesties and truth commissions
Civil war 15 8 15 2
that have been used, and their impact.
Authoritarianism 3 1 21 16
Amnesties
Civil war 78 70 16 28
Replication data
Authoritarianism 10 6 6 15 Replication data for this article are available at http://www.
Truth commissions prio.no/jpr/datasets. The complete dataset and further infor-
Civil war 8 12 1 5 mation on the project are available on the Transitional Justice
Authoritarianism 10 3 4 10 Data Base Project website at https://sites.google.com/site/tran
Reparations sitionaljusticedatabase/.
Civil war 2 0 0 1
Authoritarianism 2 0 11 7 Acknowledgements
Lustration policies We would like to thank Scott Gehlbach, Scott Straus, Helga
Civil war 5 1 3 2
Authoritarianism 3 1 14 5 Malmin Binningsbø, and two anonymous reviewers who pro-
vided valuable comments on earlier drafts. We would also like
to acknowledge University of Wisconsin-Madison faculty and
graduate students who helped and encouraged us during the
initial stages of the project, including David Canon, Mark
particularly in Europe, lead in the implementation of lustra- Copelovitch, Charles Franklin, Courtney Hillebrecht, Herbert
tion policies and reparations. Europe also leads in trials, in Kritzer, Brett Kyle, Jon Pevehouse, and David Weimer.
both the civil war and authoritarian rule subsamples. Truth Nathan Marks and Jeffrey Wright provided invaluable
commissions spread evenly across Latin America, Africa, and Asia research assistance. The authors are listed in alphabetical order;
& Oceania. Countries adopt them nearly equally for civil wars equal co-authorship is implied.
(26) and authoritarian rule (27). All three non-European regions
demonstrate high use of amnesties after civil war. Latin America, Funding
in particular, shows an average of one and a half amnesties The project has received generous financial support from the
per civil war. This average no doubt reflects multiple amnesties United States Institute of Peace, the Smith Richardson Foun-
granted during long conflicts in Colombia, Guatemala, and dation, and Zennström Philanthropies, as well as various units
El Salvador. at the University of Wisconsin-Madison, to which it is greatly
indebted.

Conclusions and future areas of research References


Backer, David (2004) The human face of justice: Victims’ responses
This dataset provides scholars with the opportunity to explore to South Africa’s Truth and Reconciliation Commission process.
the causes and effects of transitional justice. It has already pro- PhD dissertation, Department of Political Science, University of
vided many interesting new insights, in particular on the use of Michigan.
mechanisms across regions and varied political contexts. It fur- Bassiouni, M Cherif, ed. (2002) Post-Conflict Justice. Ardsley:
ther allows for the identification of many of the factors that pre- Transnational.
dict the adoption of particular transitional justice mechanisms, Bhargava, Rajeev (2000) Restoring decency to barbaric societies. In:
as well as an assessment of what combinations and sequences of Robert I Rotberg & Dennis Thompson (eds) Truth v. Justice: The
mechanisms succeed in establishing peace, strengthening Morality of Truth Commissions. Princeton, NJ: Princeton Univer-
democracy, and reducing human rights violations (Olsen, Payne sity Press, 45–67.
& Reiter, 2010). It thus builds on the knowledge generated Binningsbø, Helga Malmin; Jon Elster & Scott Gates (2005) Civil war
from single-case and single-mechanism studies by exploring and transitional justice, 1946–2003: A dataset. Paper presented at
their generalizability and validity. the Transitional Justice in the Settlement of Conflicts and Kidnap-
We will update the dataset to include new mechanisms as ping Workshop in Bogotá, Colombia (http://www.svt.ntnu.no/
new conflicts and transitions occur. Future development of the iss/helga.binningsbo/card/privat_publiseringar.html).
project could also include the coding of transitional justice Boed, Roman (1998) An evaluation of the legality and efficacy of
mechanisms prior to 1970. In addition, scholars might refine lustration as a tool of transitional justice. Columbia Journal of
data on specific mechanisms. Trials, for example, could Transnational Law 37(2): 357–402.

Downloaded from jpr.sagepub.com at LUND UNIVERSITY LIBRARIES on March 21, 2011


Olsen, Payne & Reiter 809

Call, Charles T, ed. (2007) Constructing Justice and Security after War. Meernik, James (2005) Justice and peace? How the International
Washington, DC: United States Institute of Peace Press. Criminal Tribunal affects societal peace in Bosnia. Journal of Peace
Cobban, Helena (2007) Amnesty after Atrocity? Healing Nations after Research 42(3): 271–289.
Genocide and War Crimes. Boulder, CO: Paradigm. Olsen, Tricia D; Leigh A Payne & Andrew G Reiter (2010) Transi-
Dancy, Geoff; Hunjoon Kim & Eric Wiebelhaus-Brahm (2010) The tional Justice in Balance: Comparing Processes, Weighing Efficacy.
turn to truth: Trends in truth commission experimentation. Jour- Washington, DC: United States Institute of Peace Press.
nal of Human Rights 9(1): 45–64. Pion-Berlin, David (1993) To prosecute or to pardon? Human rights
David, Roman (2003) Lustration laws in action: The motives and the decisions in the Latin American Southern Cone. Human Rights
evaluation of the lustration policy in the Czech Republic and Quarterly 15(1): 105–130.
Poland. Law and Social Inquiry 28(2): 387–439. Roht-Arriaza, Naomi (2006) The new landscape of transitional
De Greiff, Pablo, ed. (2006) The Handbook of Reparations. New justice. In: Naomi Roht-Arriaza & Javier Mariezcurrena (eds)
York: Oxford University Press. Transitional Justice in the Twenty-First Century: Beyond Truth versus
Ellis, Mark S (1996) Purging the past: The current state of lustration Justice. New York: Cambridge University Press, 1–16.
laws in the former Communist block. Law and Contemporary Roht-Arriaza, Naomi & Javier Mariezcurrena, eds (2006) Transitional
Problems 59(4): 181–196. Justice in the Twenty-First Century: Beyond Truth versus Justice.
Engene, Jan Oskar (2007) Five decades of terrorism in Europe: The New York: Cambridge University Press.
TWEED dataset. Journal of Peace Research 44(1): 109–121. Sikkink, Kathryn & Carrie Booth Walling (2007) The impact of
Epstein, David L; Robert Bates, Jack Goldstone, Ida Kristensen & human rights trials in Latin America. Journal of Peace Research
Sharyn O’Halloran (2006) Democratic transitions. American 44(4): 427–445.
Journal of Political Science 50(3): 551–569. Skaar, Elin (1999) Truth commissions, trials – or nothing? Policy
Gibson, James L (2004) Overcoming Apartheid: Can Truth Reconcile a options in democratic transitions. Third World Quarterly 20(6):
Divided Nation? New York: Russell Sage Foundation. 1109–1128.
Gibson, James L (2006) The contribution of truth to reconciliation: Snyder, Jack & Leslie Vinjamuri (2003) Trials and errors: Principle
Lessons from South Africa. Journal of Conflict Resolution 50(3): and pragmatism in strategies of international justice. International
409–432. Security 28(3): 5–44.
Gleditsch, Nils Petter; Peter Wallensteen, Mikael Eriksson, Margareta Strand, Håvard (2006) Onset of armed conflict: A new list for the
Sollenberg & Håvard Strand (2002) Armed Conflict, 1946–2001: period 1946–2004, with Applications. Unpublished manuscript
A new dataset. Journal of Peace Research 39(5): 615–637. (http://www.prio.no/upload/983/Onset.pdf).
Hayner, Priscilla B (2001) Unspeakable Truths: Confronting State Stromseth, Jane E; David Wippman & Rosa Brooks (2006) Can
Terror and Atrocity. New York: Routledge. Might Make Rights? Building the Rule of Law After Military
Henkin, Alice H (1989) Conference report. In: State Crimes: Punish- Interventions. Cambridge: Cambridge University Press.
ment or Pardon: Papers and Report of the Conference. Queenstown, Teitel, Ruti G (2003) Transitional justice genealogy. Harvard
MD: Aspen Institute. Human Rights Journal 16: 69–94.
Kim, Hunjoon & Kathryn Sikkink (2010) Explaining the deterrence
effect of human rights prosecutions. International Studies Quar- TRICIA D OLSEN, b. 1979, PhD candidate in Political Science,
terly (forthcoming). University of Wisconsin-Madison (2005– ); current research
Lie, Tove Grete; Helga Malmin Binningsbø & Scott Gates (2007) interests: transitional justice, political economy of development,
and Latin America politics.
Post-conflict justice and sustainable peace. World Bank Policy
Research Working Paper No. 4191 (http://go.worldbank.org/
LEIGH A PAYNE, b. 1956, PhD in Political Science (Yale Uni-
75WZ4BG8F0).
versity, 1990); Professor of Political Science, University of
Mallinder, Louise (2008) Amnesty, Human Rights and Political Wisconsin-Madison (2001–10); Professor of Sociology and Latin
Transitions: Bridging the Peace and Justice Divide. Oxford: Hart. America, University of Oxford (2009– ); most recent book:
Marshall, Monty G & Keith Jaggers (2004) Polity IV Project: Political Unsettling Accounts: Neither Truth nor Reconciliation in Confessions
regime characteristics and transitions 1800–2004’ (http://www. of State Violence (Duke University Press, 2008).
systemicpeace.org/polity/polity4.htm).
Mayer-Rieckh, Alexander & Pablo De Greiff, eds (2007) Justice as ANDREW G REITER, b. 1981, PhD candidate in Political Sci-
Prevention: Vetting Public Employees in Transitional Societies. New ence, University of Wisconsin-Madison (2004– ); current research
York: Social Science Research Council. interests: transitional justice, conflict resolution, civil war, and the
role of spoilers in the context of peace agreements.

Downloaded from jpr.sagepub.com at LUND UNIVERSITY LIBRARIES on March 21, 2011

You might also like