Insurgency and transitional justice in Africa : leveraging transitional justice as counterinsurgency

Abstract

In 2019, the African Union (AU) adopted the African Union Transitional Justice Policy (AUTJP) and launched the Implementation Roadmap in 2020. Through this framework, the AU supports Member States in implementing transitional justice (TJ) as a conflict prevention and management mechanism. Thus far, several Member States, including Nigeria, Mali, Ethiopia and South Sudan, amongst others, have referenced the policy in shaping their national TJ processes. As recognition grows of TJ as a means for social cohesion and sustainable peace, so too should conversations evolve around its compatibility and applicability to different circumstances of peace and security challenges, specifically within the continent. This policy paper posits that optimising TJ's effectiveness in combating insurgency requires deeper reflection on both conceptual and practical perspectives. It begins by outlining the nature of insurgency, its drivers, and its impact. It then considers interpretative frameworks, raising critical questions about TJ's theoretical, operational and cultural foundations. These reflections provide an understanding of key elements and tensions influencing how TJ processes are designed and implemented. Against this backdrop, the penultimate section proposes practical pathways for employing TJ as a counterinsurgency mechanism, highlighting the functionality of the AUTJP. The concluding section recommends that the AU, in collaboration with the Centre for the Study of Violence and Reconciliation (CSVR), develop a practice guide on using the AUTJP as a counterinsurgency mechanism. This initiative would promote further research and dialogue on the nexus between insurgency and TJ.