Guarantees of Non-Recurrence in Transitional Justice

This book examines the principle and practice of the core but under-scrutinised pillar of guarantees of non-recurrence in transitional justice.

Transitional justice’s grand ambition is embodied in the slogan: ‘Never again’ – never again should societies endure the atrocities of war and mass violence. However, as conflicts proliferate in the 21st century, transitional justice has thus far failed to ensure states take the necessary steps to remedy their root causes – that is, those measures framed as guarantees of non-recurrence. One reason is a lack of clarity of the scope of the duty to prevent recurrence. This conceptual gap is particularly acute in South Asia, where countries continue to struggle with violence and autocracy. Yet, scholarly examination of this region remains under-developed. With Sri Lanka as a case study, this book contributes to filling these two critical gaps – conceptual and regional – by examining the scope and application of the duty to guarantee non-recurrence from a key Global South perspective. Through extensive fieldwork, the book explores how guarantees of non-recurrence are interpreted and applied in an emblematic post-conflict context in the Global South. Embedding the empirical research in interdisciplinary scholarship across transitional justice, human rights, peacebuilding, development, political economy and regional studies, the book critically interrogates the extent to which guarantees of non-recurrence can effectively advance socio-political transformation towards a more comprehensive justice. The book argues for a re-prioritising of guarantees of non-recurrence within transitional justice and advances a novel approach based on applied political economy to achieve a more transformative version of guarantees of non-recurrence.

This book is relevant for a wide range of scholars, students, policymakers, advocates and activists working in transitional justice, peacebuilding, conflict transformation, human rights and Sri Lanka and South Asian studies.