Interactions in Transition: How Truth Commissions and Trials Complement or Constrain Each Other

While there have been recent advances in theories of transitional justice, there remains a lack of theory about how truth commissions and human rights trials interact with each other to facilitate or constrain efforts at transitional justice. This is an important deficiency to remedy because numerous countries long ago leapt ahead of transitional justice theory by sequencing trials and truth commissions, while the International Criminal Court (ICC) will have to manage relationships with truth commissions as its work accelerates. The aim of this article is to use current literatures on transitional justice and political transitions to build a theory of how trials and truth commissions interact with each other. This will be done in three steps. First, the article will elaborate the goals and critiques of trials and truth commissions in order to provide a foundation for how they might interact. Second, the article will consider these institutions in sequence to understand how they interact when trials operate first, truth commissions first, or when they operate simultaneously. Third, the article will consider these sequences in context to understand how legacies of violence and its termination may affect their relationship. This effort is meant to clarify the theoretical issues at stake in the sequencing of these two important institutions, stimulate debate, and inform institutional design.