Democracy or Stability? European Approaches to Justice in Peace and Transitional Processes

Debates over justice for gross human rights violations in active conflicts and transitions are often framed as a dilemma that emphasizes perceived tensions between human rights and democracy on one side and peace and stability on the other. Despite the prominence of the justice dilemma in the scholarly literature, little attention has been directed to examining its significance for global policy making. Beyond the rhetoric, it is unclear whether the dilemma frames the issues for key international actors and how it shapes their policies. This article addresses this gap by investigating the role of the justice dilemma in the foreign policy of the EU. First, it traces the origins of the dilemma and highlights important continuities in its framing over time. It then demonstrates how in pursuing ‘democratization’ and ‘stabilization’ approaches to justice, the EU often reproduces the underlying assumptions, perceived tensions and conventional solutions that circulate in scholarly and policy discussions. The final section examines the implications of the justice dilemma for European policy making. The article argues that the EU's preoccupation with the dilemma limits its ability to develop effective and innovative policies in this important field.

European policy makers should not be constrained by false choices in the justice arena. They can design justice policies that build upon the complementarities of European foreign policy objectives to promote democracy/ human rights and stability/peace.
Institutional learning is the EU’s most reliable strategy for developing effective justice policies. A key lesson from its past experience is that policy makers should prioritize early assessment and mitigation of the risks associated with impunity and entrenchment of perpetrators in power structures.
The EU can add the most value in the justice arena by promoting a regional approach. European institutions should focus on developing innovative policies that address the currently neglected regional dimension of justice processes and mechanisms.