Elections in Africa are competitive in nature and can be manipulated by incumbents to extend and entrench their rule through changes to constitutions, intimidation of opponents, excess use of police force and, in some cases, assassinations of dissident voices. Ethnic cleavages are also exploited by contestants to incite and mobilize unsuspecting masses to pursue their electoral ambitions which can lead to political instability. In many African countries, violence before, during and after elections has become a regrettable norm rather than the exception. The function of transitional justice is to address the legacy of human rights atrocities, political violence and societal harm resulting from prior misrule or violent conflicts, with a view to establishing fair, democratic and inclusive societies. This book interrogates the potential intersection between transitional justice and electoral processes. Specifically, it examines the hypothesis that transitional justice interventions that strive to address historical injustices perpetrated by violence, conflict and entrenched by socio-political impunity, can initiate preventive measures against electoral violence through redress, accountability and institutional reforms. The contributors to this volume have engaged with country case studies from across Africa, while examining the intersection between transitional justice and electoral processes. Hence, this is a timely volume that highlights the uninterrogated nexus between elections, violence and transitional justice in Africa.

Transition and Justice examines a series of cases from across the African continent where peaceful ‘new beginnings’ were declared after periods of violence and where transitional justice institutions helped define justice and the new socio-political order. Offers a new perspective on transition and justice in Africa transcending the institutional limits of transitional justice Covers a wide range of situations, and presents a broad range of sites where past injustices are addressed Examines cases where peaceful ‘new beginnings’ have been declared after periods of violence Addresses fundamental questions about transitions and justice in societies characterized by a high degree of external involvement and internal fragmentation

This book provides insight on the effect of political violence and transitional justice in Africa focusing on Zimbabwe and comparing it to Rwanda, Uganda and Mozambique. The case of Zimbabwe is unique since political violence observed in some areas has manifested as contestations for power between members of various political parties. These political contestations have infiltrated family/clan structures at the community level and destroyed the human and social relations of people. Also, the author examines an understanding of how communities in the most polarized and conflict-ridden areas in Africa are addressing their past. The project would appeal to graduate students, academics, researchers and practitioners as it will help them to understand African justice systems and the complex network of relationships shaping justice processes during transitions.

After Violence: Transitional Justice, Peace, and Democracy examines the effects of transitional justice on the development of peace and democracy. Anticipated contributions of transitional justice mechanisms are commonly stated in universal terms, with little regard for historically specific contexts. Yet a truth commission, for example, will not have the same function in a society torn by long-term civil war or genocide as in a society emerging from authoritarian repression. Addressing trials, reparations, truth commissions, and amnesties, the book systematically addresses the experiences of four very different contemporary transitional justice cases: post-authoritarian Uruguay and Peru and post-conflict Rwanda and Angola. Its analysis demonstrates that context is a crucial determinant of the impact of transitional justice processes, and identifies specific contextual obstacles and limitations to these processes. The book will be of much interest to scholars in the fields of transitional justice and peacebuilding, as well as students generally concerned with human rights and democratisation.

"This book examines a series of cases where peaceful 'new beginnings' have been declared after periods of violence and where transitional justice institutions played a role in defining justice and the new socio-political order"--

Violence in its various proportions, genres and manifestations has had an enduring historical legacy the world over. However, works speaking to approaches aimed at mitigating violence characteristic of Africa are very limited. As some scholars have noted, Africans have experienced cycles of violence since the pre-colonial epoch, such that overt violence has become banalised on the African continent. This has had the effect of generating complex results, legacies and perennial emotional wounds that call for healing, reconciliation, justice and positive peace. Yet, in the absence of systematic and critical approaches to the study of violence on the continent, discourses on violence would hardly challenge the global matrices of violence that threaten peace and development in Africa. This volume is a contribution in the direction of such urgently needed systematic and critical approaches. It interrogates, from different angles and with inspiration from a multidisciplinary perspective, the contentious production and resilience of violence in Africa. It calls for a paradigm shift – an alternative approach that forges and merges African customary dispute resolution and Western systems of dispute resolution – towards a framework of positive peace, holistic restoration, sustainable development and equity. The book is a welcome contribution to students and practitioners in security studies, African studies, development studies, global studies, policy studies, and political science.

Since the historic Nuremberg Trial of 1945 an international customary law principle has developed that commission of a core crime under international law – war crimes, genocide, crimes against humanity and aggression – should not go unpunished. History shows, that when in Africa such violations occurred, especially as a result of election disputes, national and regional actors, including the African Union, resorted to political rather than legal responses. However, when crimes against humanity were alleged to have been committed in Kenya during the 2007-2008 post-election violence, a promising road map for criminal accountability was agreed upon alongside a political solution. In the spirit of this road map, the author analyzes the post-election violence in Kenya from a legal point of view. He extensively examines legal options for domestic criminal accountability and discusses both retributive (prosecutions) and restorative justice (mainly truth commission) mechanisms, being the main legal responses to the gross violations of human rights. Furthermore, he thoroughly investigates the Kenya situation before the ICC and the legal-cum-political responses to the ICC intervention in Kenya. Practitioners and academics in the field of international criminal law and related disciplines, as well as political sciences and (legal) history will find in this book highly relevant information about alternative legal approaches of the fight against and punishment of crimes against humanity, as defined under the ICC Statute.