Worksheet - Peace, Justice - or Both - Revised by Mark Sommer

1. Defining Terms

We all use terms like peace and justice every day. But what do these terms mean in practice?

a. Ask students to brainstorm a list of words and/or symbols related to the concept “peace.” Then ask them to do the same for “justice.”

b. Truth, Justice, Mercy, Peace exercise: What would happen if truth, justice, mercy and peace were personified and in the room at the same time? What would their conversation sound like? Ask students to choose a concept they would like to discuss (truth, justice, mercy, peace), making sure each concept is represented. Ask the groups to discuss what each concept means and to choose someone to represent their group. Set four chairs in the front of the group, like a panel. Ask the individuals representing truth, justice, mercy and peace to take the four seats. The exercise can proceed in interview format, where the instructor interviews each concept. Or the panel can take questions from the audience about their relationships with one another: who are allies, who seem to be in conflict with one another, etc.

c. Split the class into three groups. Assign the groups the task of researching criminal justice, restorative justice or transitional justice. What are the values behind each and what are some of their initiatives? Groups will present their findings to the class. After all have presented, discuss the pros and cons of each approach to justice.

2. South African Truth and Reconciliation Commission

The South African Truth and Reconciliation Commission was one of the first major initiatives to try to address both peace and justice in a way that would restore social harmony.

a. Consider what worked and what could have been done better in South Africa. How might these lessons be applied to other societies in the wake of violent conflict (countries like Bosnia and Sudan)? In groups, ask students to choose a post-conflict society and draft a peace and justice plan for that country, taking into consideration lessons learned from South Africa.

b. Some observers have criticized South Africa’s TRC as having given perpetrators a platform to attempt to justify their behavior. In groups of 4-5, ask students to discuss how organizers can ensure that truth commissions do not become a platform for justifying violence and/or injustice.

c. Since the implementation of the South African TRC, truth commissions have been used in a number of other settings. In what circumstances are truth commissions appropriate and in which are other processes more suitable? What other processes should be considered and under what conditions? Ask students to choose a country where truth commissions have been initiated and produce a 2-3 page paper evaluating the success or failure of the initiative and their perspective on when and how truth commissions might be most appropriate.

3. Transitional Justice
Transitional Justice is an approach to justice that emerged in the late 1980s as practitioners recognized the need to respond to widespread human rights violations in the aftermath of violent conflict.

a. Ask students to browse the website of the International Center for Transitional Justice and identify what its work encompasses. Students should come to class ready to discuss the organization’s work.

b. The term “reconciliation” is often used in discussions of transitional societies. In groups of four, ask students to discuss: what reconciliation means; what elements of reconciliation might be difficult for victims to accept; what elements of reconciliation might be difficult for perpetrators/aggressors; what new language could be used that would more accurately describe what victims and offenders need? Groups can be given 5-7 minutes to discuss each question. After the first question, two students from each group can be asked to move to another group to answer the second question. Continue this pattern for each additional question with different students changing groups each time to promote cross-pollination of ideas.

c. In transitional societies, the perpetrators/aggressors are one of the stakeholders at the negotiating table, making justice difficult to negotiate. Brainstorm ideas for how to reach agreement about how to determine justice when the perpetrators/aggressors are sitting at the negotiating table. The class could be split into groups that represent the various stakeholders at a negotiating table and a meeting could be simulated. What are some ways to achieve consensus about the definition of justice that both victims and perpetrators/aggressors might agree to or that empower a broader set of voices (since victims are not traditionally seated at the negotiating table)?

4. Restorative Justice

Restorative Justice (RJ) is considered by some to be a promising approach to justice for transitional societies. South Africa’s experiment is considered to be one of the earliest attempts at applying RJ in a transitional society, though it was not called RJ at the time.

a. Restorative justice draws on the customs of traditional cultures for means of administering justice. In groups, ask students to identify forms of justice other than prosecution in their respective societies. Asking some students to switch groups, ask groups to answer the question: How would these alternative forms of justice move a society toward a just peace?

b. One of the criticisms of the International Criminal Court (ICC) is that it is a form of colonialism where Western countries impose their standards of justice on developing countries. Considering that the ICC is a Western justice system and RJs claim to draw upon the customs of traditional cultures, think about other ways in which the international community might address human rights abuses, violent conflicts and other justice issues that take a given country’s own cultural practices into consideration. Specific cultures and conflicts could be assigned for students/groups to research. Research should include the cultural and historical context and the specific needs that must be addressed as a consequence of the conflict. Have students draw up a proposal for a justice system and make a case to the class for its use within that country/region.

c. In the 1990s there was civil war in Bougainville. The conflict ended with a process for peacebuilding and justice that was largely drawn from the culture of Bougainville (see Howley and Reddy). Ask students to write a one-page paper with half the class considering the major factors that contributed to peace and the other half identifying major contributors to justice.

5. International Criminal Court/International Center for Transitional Justice

The concept and enforcement of international criminal justice is relatively new. Lessons about how it is being applied today will inform what it looks like in the future.

a. Using Darfur as a case study, browse the International Criminal Court and International Center for Transitional Justice websites. In groups that represent the various stakeholders in the Darfur conflict, students should take what they have learned of the two organizations and draw up a plan of action that addresses the peace and justice issues presented by the conflict in Darfur from the perspective of the stakeholders they represent. In class, simulate a meeting between the stakeholders. Stakeholders should speak from the perspective of their interests and their ideas for a plan of action. When the “meeting” is adjourned, debrief by discussing what interventions/initiatives should be included in a plan of action considering the perspectives of the various stakeholders.

b. Some argue that President Mugabe of Zimbabwe wants to hold onto power in Zimbabwe to avoid prosecution by an international tribunal. Ask students to write one-page essay answering the questions: Do the presence and actions of international tribunals and the International Criminal Court prevent or propel violent conflict? Why or why not? In class students can discuss their ideas in small groups.

c. Taking into consideration all that has been learned through this study, ask the class to put forth a vision of what international justice will look like in ten years. Divide students into three groups: one group will talk about what needs to happen now to make that vision a reality; another group will talk about what needs to happen in five years to make the vision a reality; and the last group will talk about what that vision might lead to in twenty years. Groups can then highlight for one another the major points from their discussions.

6. Challenges to Peace and Justice

This study suggests there are many challenges on the road to peace and justice. Anticipating and thinking about the challenges will better prepare us to address them in the future.

a. It is believed that prosecutions deter revenge violence and aid victims in their healing process. Taking what has been learned about criminal justice, restorative justice and transitional justice, divide the class into two groups and ask them to choose people to make up a debate team that will represent their group. One group will agree with the statement, “Prosecutions deter revenge violence and aid victims in healing,” and the other will disagree. The groups should prepare the points they want to make before beginning the debate. After the debate, a debriefing session should highlight any new learnings.

b. Have students research the situation in Afghanistan, including its history, and develop a plan of action that includes short-term and long-term goals for peace and justice. Students should incorporate their learning about transitional and restorative justice initiatives.

c. Policy and reform recommendations are frequently a challenge to implement. What might be some of the reasons implementation is so difficult? Divide the class into groups and assign each group one or two of the reasons identified. Ask the groups to generate a list of potential solutions, taking the reasons for the difficulty into consideration.

Written by: Janet Hines
Revised by: Mark Sommer