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This chapter focuses on aspects of community restorative justice practices in Northern Ireland that have been central in challenging embedded cultures of violence within the current transitional context. It is argued that a strict adherence to restorative justice values, in combination with a flexible approach to the process used, are two core strengths of practice that have facilitated such a possibility. Moreover, these grassroots initiatives work well with organised, structured, and hierarchical communities, which in the Northern Irish context translate to paramilitary organisations. They are arguably less effective in relation to looser community structures, such as vigilante groups and individual violent responses to crime and conflict.

The study aimed to listen to refugee survivors of sexual and gender-based violence (SGBV) and/or torture and explore what justice meant to them in exile. This study argues that what the survivors who participated in this research wanted was “viable justice”. The research was funded by the British Academy and Leverhulme Trust.

Using a survivor-focussed justice lens combined with a trauma-informed approach, narrative interviews were held with 41 women and 20 men refugee survivors living in refugee settlements in Northern Uganda. The researchers also conducted semi-structured interviews with 37 key informants including refugee welfare councils, the UN, civil society, non-government and government organisations. Thematic analysis of the data resulted in the following themes being identified: no hope of formal justice for atrocities that occurred in South Sudan; insecurity; lack of confidence in transitional justice processes in Ugandan refugee settlements; abuse and loss of freedom in refugee settlements; and lack of access to health and justice services in refugee settlements.

This study argues that what the survivors who participated in this research wanted was “viable justice”. That is justice that is survivor-centred and includes elements of traditional and transitional justice, underpinned by social justice. By including the voices of both men and women survivors of SGBV and/or torture and getting the views of service providers and other stakeholders, this paper offers an alternative form of justice to the internationally accepted types of justice, which offer little relevance or restitution to refugees, particularly where the crime has been committed in a different country and where there is little chance that perpetrators will be prosecuted in a formal court of law.

The research findings are based on a small sample of South Sudanese refugees living in three refugee settlements in Northern Uganda. Thus, wider conclusions should not be drawn. However, the research does suggest that a “viable justice” approach should be implemented that is gender and culturally sensitive and which could also be trialled in different refugee contexts.

Improvements in refugee survivors’ dignity, resilience and recovery are dependent upon the active engagement of refugees themselves using a “survivor-focussed approach” which combines formal and community-based health services with traditional and transitional justice responses.

The provision of a “viable justice approach” ensures those who have experienced SGBV and/or torture, and their families, feel validated. It will assist them to use their internal, cultural and traditional resilience and agency in the process of recovery.

The research findings are original in that data was collected from men and women survivors of SGBV and/or torture and service providers. The empirical evidence supports this study’s recommendation for an approach that combines both formal and survivor-focussed approaches towards health and viable justice services to meet the needs of refugees living in refugee settlements. This is a response that listens to and responds to the needs of refugee survivors in a way that continues to build their resilience and agency and restores their dignity.

The paper articulates common organizing narratives which recur within alternative movements in law, and posits the art of dispute resolution as an experimental reconstructive methodology for engaging conflicts, while incorporating a critique of classical liberal thought. The paper offers a reading of conflict resolution approaches, including Alternative Dispute Resolution; Therapeutic Jurisprudence; Restorative Justice, and Transitional Justice, in search of a new legal culture or jurisprudence which emerges from the following narratives: emphasis on process; emphasis on constructive conflict intervention; deconstruction and hybridization; a search for an underlying layer; emphasis on relationship and acknowledgment of emotions; community work and bottom-up development.

Cultural heritage and memory are essential mechanisms for the formation of individual and group identity, contributing to a sense of belonging in society. More specifically, built heritage (the buildings, structures and monuments associated with our cultural history) reflect our individual and collective decisions about what is important to preserve and remember into the future, further shaping our identities as citizens of Waterford. Thus, our relationship with heritage is just as much about looking forward into our social imagination for the future of Waterford city as it is about reflecting on our past.

Sites of Conscience are a specific type of built heritage which signify a society's belief that by remembering difficult pasts we can interrogate our current lived realities and create meaningful change in the future (International Coalition for Sites of Consciousness, 2022). Sites of Conscience are akin to what French historian Pierre Nora (1989) referred to as ‘les lieux de mémoire’, or places of memory. These physical spaces can connect past traumas and struggles to our present lives. As places of memory which ask us to acknowledge the past, Sites of Conscience can prevent the erasure of historical traumas and stand as an act of restorative justice, providing safe spaces for citizens to engage with difficult memories.

One such site of conscience in Waterford is the complex of buildings located at the College Street Campus of the South East Technological University. The site comprises the former convent of the Congregation of Our Lady of Charity of the Good Shepherd of Angers (commonly known as the Good Shepherd Sisters); the St Mary's Good Shepherd (Magdalene) Laundry; and St Dominick's Industrial School. The site was occupied in 1884 and the Laundry operated until its closure in 1982 (Department of Justice, 2013). This chapter will consider the former Magdalene Laundry and Industrial School's cultural and heritage significance to Waterford as a site of conscience, which encourages the citizens of Waterford not only to connect our past to our present, but to connect these memories to current actions to create a more just society into the future.

The built heritage of this complex acts as a powerful memory aide of a shared local history, allowing citizens to connect this past to related contemporary human rights issues. In this way, the former Laundry and Industrial School can stimulate discussions on gendered violence today, or to interrogate modern forms of institutionalisation such as Direct Provision. The chapter will further consider how these connections are even more important when our need to remember and recognise past atrocities are met with social, political, economic or cultural pressure to forget. Sometimes the desire for erasure is understandable; we want to commit events to the past and move on. However, such erasure can further disempower survivors of these institutions; prevent current and future generations from learning critical lessons; and dismantle future opportunities for healing and reconciliation. In this context, Sites of Conscience offer an opportunity to connect a difficult past to visions of a more socially just city of the future.

Despite a global consensus that rule of law is desirable, there are important debates about what this entails and how it can be achieved or supported in developing and transitional countries of the Global South. Accordingly, this chapter considers the importance and contextual suitability of rule of law as a building block for ‘peaceful and inclusive societies’ in the context of the Sustainable Development Goals (SDG). We begin by examining key definitional debates and consider the challenges inherent to monitoring progress towards SDG target 16.3 which seeks to ‘promote the rule of law at the national and international levels, and ensure equal access to justice for all’. We proceed to illustrate some of these definitional and methodological limitations by considering how favourable rankings of model Western democracies mask rule of law deficits that relate to access to justice and the protection of human rights for marginalised populations. This critique highlights an important point that is repeatedly emphasised throughout the rule of law literature: rule of law is not an end state but rather an ideal that all countries must continuously work to realise and sustain. The remainder of the chapter considers the challenges of promoting a Western rule of law agenda in a failed and titular democracy (the Solomon Islands) and a peaceful and prosperous country (Singapore) which adheres to a ‘thin’ definition of the rule of law that does not conform with liberal ideals.

This chapter juxtaposes human trafficking of children by their families with structural disadvantage characterizing cycles of violence to suggest that carceral approaches alone cannot break trajectories of crime. It highlights contexts where familial violence is culturally normalized and where the victim–offender binary is challenged. The devadasi system in a district in the Northern region of the State of Karnataka, India, and stories of women and communities in urban India provide a context for the discussion. This chapter posits the need to explore community corrections, restorative and transitional justice, and social justice in criminal justice administration to build safe families and communities for children.

The purpose of this paper is to explore the case for a truth and reconciliation (T&R) process in the context of mental health services.

The approach is a conceptual review of T&R approaches; a consideration of why they are important; and how they might be applied in the context of mental health services and psychiatry. First, the paper sets out a case for T&R in psychiatry, giving some recent examples of how this might work in practice. Then it outlines potential objections which complicate any simplistic adoption of T&R in this context.

In the absence of an officially sanctioned T&R process a grassroots reparative initiative in mental health services may be an innovative bottom-up approach to transitional justice. This would bring together service users, survivors and refusers of services, with staff who work/ed in them, to begin the work of healing the hurtful effects of experiences in the system.

This is the first paper in a peer-reviewed journal to explore the case for T&R in mental health services. The authors describe an innovative T&R process as an important transitional step towards accomplishing reparation and justice by acknowledging the breadth and depth of service user and survivor grievances. This may be a precondition for effective alliances between workers and service users/survivors. As a result, new forms of dialogic communication and horizontal democracy might emerge that could sustain future alliances and prefigure the social relations necessary for more humane mental health services.

This paper aims to examine the growing incidence of judicialisation of politics in Nigeria's democratisation experience against the backdrop of questionable judicial accountability.

The article draws on legal and political theory as well as comparative law perspectives.

The judiciary faces a daunting task in deepening democracy and (re) instituting the rule of law. The formidable challenges derive in part from structural problems within the judiciary, deficient accountability credentials and the complexities of a troubled transition.

Effective judicial mediation of political transition requires a transformed and accountable judiciary.

The article calls attention to the need for judicial accountability as a cardinal and integral part of political transitions.

Since taking power in July 1994, the RPF government has strived to eliminate the Hutu/Tutsi identities from public discourse, replacing the previous divisive identities with a unified nationalist one. For those who use Hutu/Tutsi identities outside the context of the genocide, they are considered genocidaire sympathisers, negationists and spreading divisionism. However, within the context of the genocide, the role of “ethnicity” is being reinforced and reaffirming ethnic divisions. In 2008, the Rwandan parliament officially changed the 1994 Rwandan genocide to the 1994 genocide against the Tutsi. Based on ethnographic data collected from March until October 2008, this paper will argue that within the public discourse on the genocide, the victim/perpetrator dichotomy has become intertwined with the Tutsi/Hutu identities, creating a hierarchy of victimhood. It will explore how through the process of reconciliation and in particular through gacaca the Hutu and Tutsi identities are imbued with collective guilt and victimization.

Some of the Sustainable Development Goals (SDGs) adopted by the United Nations (UN) General Assembly are related to violence, crime and crime control issues. In what seems to be an innovative approach, the so-called ‘international community’ has seemed to reach the commonsensical agreement that, in order to enjoy sustainable development and strengthen the capabilities, well-being and freedom of the citizens of the global south, their governments must reduce violence and crime (SDG 16.1). The SDGs also seem to provide the response to tackle crime and violence in the global south. SDG 16.3 aims at ‘promoting the rule of Law at the national and international level and ensuring equal access to justice for all’. Thus, the promotion of the rule of law has commonly been understood as the strengthening of the criminal justice system and State security forces to reduce crime and impunity in the global south. Focussing on Latin America, this article will critically discuss the problematic presuppositions and implications of such a paradigm, which tends to impose, reproduce and legitimise the particular worldviews of global north countries and institutions. This approach is counterproductive, for it does not acknowledge the particularities and historical trajectories of Latin American countries, while naturalising specific global north political, economic and truth regimes.