Evaluation of Traditional Justice Mechanisms in Transitional Societies

Abstract

Traditional justice mechanisms, mechanisms that are used recently along with other criminal and non-criminal mechanisms for doing justice in transitional societies. Transitional societies such as Mozambique, Rwanda, Uganda and Sierra Leone, used these mechanism for doing justice to violations that committed during the past regimes or civil wars. However, there is disagreement on the method of the use of these traditional justice mechanisms to achieve justice: Some believe that doing justice to international crimes imply criminal justice. In this regard, it is necessary to change these mechanisms to adapt with the principles of criminal justice. In this context, the traditional justice mechanism in Rwanda faced with fundamental changes and like a criminal court, prosecute and punish perpetrators of international crimes. In contrast, other transitional societies such as Mozambique and Uganda, without such fundamental changes use them. This paper, with examining competing theories, argues that traditional justice mechanisms, without fundamental changes in transitional societies have been successful.

Keywords

• "transitional justice"
• "restorative justice"
• "criminal justice"
• "traditional justice mechanisms"