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Published in: Human Rights Review 3/2009

01-09-2009

No Future Without (Personal) Forgiveness: Reexamining the Role of Forgiveness in Transitional Justice

Author: John D. Inazu

Published in: Human Rights Review | Issue 3/2009

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Abstract

This article discusses the political possibilities of personal forgiveness in transitional justice. Personal forgiveness is extended by a single human victim who has been harmed by a wrongdoer. The victim forgives only that harm which has been done to him or to her. Personal forgiveness is distinguishable from three other forms of forgiveness: group forgiveness, legal forgiveness (a form of group forgiveness), and political forgiveness. In the context of transitional justice, I argue that: (1) personal forgiveness is a necessary condition for political forgiveness; (2) group forgiveness (including legal forgiveness), while not without a normative function, cannot effectuate either personal or political forgiveness, and (3) personal forgiveness requires a shared narrative framework to lead to political forgiveness. These assertions lead to two further observations. First, because the state has a normative role in its (limited) capacity to forgive on its own behalf and a practical role in its ability to spread and to transmit a shared narrative framework, the state is an important actor in political forgiveness. Second, because the primary historical example of political forgiveness in transitional justice is the South African Truth and Reconciliation Commission that unfolded within an explicitly Christian theological framework, it may be that the shared narrative framework need be religious or even Christian in nature.

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Footnotes
1
Bud Welch’s 23-year-old daughter died in the bombing of the Murrah Federal Building in Oklahoma City in April 1995. Motivated by a desire to forgive and rid himself of his own hate and bitterness, Welch lobbied publicly against the execution of Timothy McVeigh and even traveled to meet McVeigh’s father and sister. Welch’s personal reflections on the meeting reveal the depth of his compassion for the McVeigh family and his forgiveness of McVeigh. Bud Welch’s story is one of many compiled through The Forgiveness Project available at www.​theforgivenesspr​oject.​com.
 
2
Angry South African youth stoned and stabbed to death Fulbright scholar Amy Biehl in August 1993. Peter and Linda Biehl attended the amnesty hearings for Amy’s killers and supported the process of reconciliation. They established the Amy Biehl Foundation to help young people in the township where their daughter was murdered (Tutu 1999).
 
3
Fourteen years after Jean-Bosco Bizimana participated in a Hutu militia that hacked and clubbed to death Iphigenia Mukantabana’s husband and five of her children during the Rwandan genocide, Mukantabana now shares meals with Bizimana and his wife (Amanpour 2008).
 
4
On the inherent violence of the law, see Cover (1986).
 
5
The trial process exacts “time and agony” and renders “a kind of punishment” for defendants (Minow 1998, 26).
 
6
In addition to the violence that lies behind a coercive sanction, there is another sense in which conviction and punishment of the guilty may not end the cycle of violence. Judges exercise power through contingent political arrangements. If those arrangements are one day overturned, then wrongdoers exonerated under a new regime might repay the vengeance exacted under the old with their own retribution on those who had passed judgment in their trial.
 
7
The violation of trust would be least relevant if A and B were strangers and never saw each other again, but the harm to B may still be evident if B’s subsequent view of others who share similarities (e.g., race, gender, age, income level or vocation) with A changes as a result of the theft.
 
8
Tort remedies for pain and suffering or emotional harm are at best symbolic approximations for the measure of those harms.
 
9
Violent acts include acts resulting in emotional rather than physical harm. Emotional harm can be caused to friends and to relatives of victims of physical violence as well as through direct acts (e.g., threatening to kill a relative during an interrogation).
 
10
See Levinas (1990) and Heschel’s response in Wiesenthal (1997).
 
11
Christianity locates the breaking of the cycle of violence in the sacrifice of Jesus, not in individual human acts (see Volf 2001).
 
12
The command to forgive is repeated throughout the New Testament. See Matthew 6:14–15, Mark 11:35, and Ephesians 4:32.
 
13
For example, the Hebrew Scriptures record a number of examples of individuals repenting on behalf of the Israelites (e.g., Exodus 32:31–32, Nehemiah 1:6–7, and Daniel 9:4–19).
 
14
For a contrary view, see Amstutz (2005, 225).
 
15
The amnesty scheme established in South Africa comes close to a pure form of legal forgiveness because it required an admission of guilt as a condition for amnesty.
 
16
The conceptual distinction between forgiveness (facilitated by victim testimony) and amnesty is evident in the South African legislation which established separate commissions for testimony and amnesty.
 
17
I have in mind primarily criminal claims which would still leave wrongdoers open to civil damages, but the South African legislation shows that amnesty can also negate the right of victims to pursue civil damages.
 
18
The shift from vigilante justice to coercively enforced legal justice reduces the retributive claim of the victim from one of infinite and immeasurable redress to a penalty bounded by the maximum punishment the state is willing to impose on the wrongdoer. This is apparent in the case of wrongdoing involving multiple victims. For example, the legal fiction of “consecutive life sentences without the possibility of parole” is of course bounded by the natural life of the wrongdoer.
 
19
At least, in cases of successor democratic regimes, the theory of representative government imputes to the people the capacity to accept the terms of the new government or relocate to a different jurisdiction. Of course, the capacity of citizens to relocate if they disagree with the new regime is not possible in all circumstances.
 
20
I make this adjustment to make clear that the object of the harm is an indisputably public good (although there are ways in which the death of children in a community would also be construed as the public harm).
 
21
This would also be the case if there had been no delay between the evil act and resulting harm and that instead, as Regime A is collapsing, the evildoer destroys the plant (perhaps even with the intention of foiling the success of Regime B). Once again, the evil act would have occurred prior to the enactment of Regime B and is, thus, completely outside the domain of Regime B’s criminal law. Regime B may still claim the moral authority to punish the evildoer but that authority does not come from a wrong suffered by Regime B.
 
22
This assertion raises theoretical concerns similar to those involved in the moral foundation of international law or the ex post facto application of “crimes against humanity” at Nuremburg.
 
23
The South African process was indisputably successful in avoiding widespread violence and unrest during regime change, but the country has fallen short of a number of its most important goals, including the prosecution of those not granted amnesty, reparations for victims, and national reconciliation (Villa-Vicencio 2006).
 
24
Of course, this also entails risk. If the state identifies to a victim a previously unknown wrongdoer, the victim may choose to respond with personal retribution rather than personal forgiveness.
 
25
Mandela did not view himself as “particularly religious or spiritual,” but it was “the strength of his commitment to a nonracial democracy that sustained him” (Graybill 2002, 19).
 
26
I am indebted to Chris Rice for helping me think through the ideas in this paragraph. He is the Director of the Center for Reconciliation at Duke Divinity School, and his international work focuses on reconciling communities torn by deep conflict. His reminder of the role of the audience in the discourse of forgiveness cautions against attempts to export the “method” of the South African TRC to other contexts without attention to narrative, audience and an openness to “the art of serendipity in social change” (Lederach 2004, 118).
 
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Metadata
Title
No Future Without (Personal) Forgiveness: Reexamining the Role of Forgiveness in Transitional Justice
Author
John D. Inazu
Publication date
01-09-2009
Publisher
Springer Netherlands
Published in
Human Rights Review / Issue 3/2009
Print ISSN: 1524-8879
Electronic ISSN: 1874-6306
DOI
https://doi.org/10.1007/s12142-009-0120-8

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