what is the difference between restorative justice and transitional justice?
Restorative justice and transitional justice are two different approaches to addressing injustices and conflicts within society, particularly in the context of post-conflict or post-authoritarian regimes. Here are the differences between the two:
1. Focus and Purpose:
- Restorative Justice: This approach emphasizes healing and restoration for all parties involved, including victims, offenders, and the community. The focus is on addressing the harm caused by the crime or wrongdoing, promoting accountability, and achieving reconciliation.
- Transitional Justice: This approach centers on addressing systemic human rights abuses, promoting justice and accountability for past violations, and facilitating a transition towards a more just and democratic society. The focus is on dismantling oppressive systems, ensuring truth and justice for victims, and preventing future abuses.
2. Scope:
- Restorative Justice: This approach is typically used for individual crimes or harms, with a strong emphasis on direct involvement and participation of all stakeholders. It aims to repair harm, reintegrate offenders, and rebuild relationships within the community.
- Transitional Justice: This approach has a broader scope, addressing widespread human rights violations, conflicts, or gross injustices that occurred under repressive regimes or during periods of armed conflict. It focuses on addressing historical injustices at a societal level and transforming institutions to prevent future abuses.
3. Methods and Interventions:
- Restorative Justice: It uses processes such as victim-offender mediation, family group conferences, or truth and reconciliation commissions to facilitate dialogue, reparations, and accountability. The goal is to reach agreements between parties involved and foster healing, trust, and understanding.
- Transitional Justice: This approach involves a range of mechanisms including criminal prosecutions, truth commissions, reparations programs, institutional reforms, memorializations, and vetting processes. These interventions aim to address past atrocities, promote human rights, establish the rule of law, and ensure democratic transition.
4. Temporal Context:
- Restorative Justice: It can be used at any stage, including pre-sentencing, during imprisonment, or post-release, to address individual crimes and conflicts.
- Transitional Justice: Its focus is on post-conflict or post-authoritarian contexts, addressing past injustices, promoting a transition to democracy or peace, and facilitating societal healing.
While there are overlaps in certain elements and principles, restorative justice primarily focuses on repairing individual harm and promoting healing, while transitional justice aims at addressing widespread, systematic human rights abuses to bring about societal change.