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Mixed Model for Transitional Justice: Lessons from Kenya and South Africa
AdvisorOstergard, Robert L.
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While there has been plenty written about transitional justice being implementedin African states that have undergone civil wars, transitional justice literature has yet todiscuss how transitional justice can be a mechanism for states that have experienced massviolence and human rights abuses- but whose conflict/violence did not result in a civilwar- to prevent the toppling of the government and the rise of a full scale civil war.However, scholarship has been limited in addressing the volatile situation of states thathave experienced, or are experiencing mass intrastate conflict, and how intrastate conflictor the aftermath of intrastate conflict can produce civil war and the complete dismantlingof government. Consequently, the question is how can transitional justice be used toprevent African states plagued with intrastate violence from erupting in civil wars? Thisthesis argues that a mixed model implementation of transitional justice in which civilsociety (individuals, groups, and non-governmental organizations) and regionalgovernments/officials partner to build institutions and promote democratic involvementwith the state government, is the most effective strategy to prevent African states afflictedwith intrastate violence from ensuing civil war. This thesis conducts case studies onKenya and South Africa, two states that pursued transitional justice and have avoidedcivil war, to assess the mixed model approach to transitional justice.