Refugees within Transitional Justice: The Forgotten Actors?
Refugees within Transitional Justice: The Forgotten Actors?

Summary/Abstract: Transitional justice is an interesting legal and social concept: to discover the truth, to prosecute and punish responsible perpetrators, to reconcile them with the victims and bring peace within a country, which suffered massive violations of human rights. A lot has been said in the literature regarding transitional justice. Some have pointed out the advantage of transitional justice and some strongly criticised it arguing that it is ―reflective of a legalist tendency within transitional justice to abstract law from its political context. However, I would argue that a gap still persists in transitional justice literature since the place, or rather the role, of refugees has never been explored. Refugees are actually part of the people who suffered the most during the conflict. They had no protection; they had to flee, to build their lives somewhere else and, yet, there is nothing said regarding the role they could play or even should play. I would, therefore, argue that a real transitional system, envisaged to bring the truth, justice, and reconciliation to society does not really exist as long as refugees, citizens of the wounded country, are not taken into consideration.

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