American Foreign Policy on Transitional Justice: A Hybrid Approach to Democratization in Post-Conflict Societies?

In the aftermath of the Second World War, the United States of America emerged as a significant actor in shaping international legal paradigms in general and in establishing a framework for transitional justice mechanisms in particular. The unfolding of American foreign policy involvement in international transitional justice extended from the post-war era to the new millennium; from the Nuremberg trials in 1945 to the International Criminal Tribunal for former Yugoslavia in 1993, and from the foundation of the International Criminal Court (ICC) in 2002 to the endorsement of the Tunisian Democratic Transition post-2011. However, it was only in 2016, under the Obama administration, that the first documents reflecting the official stance of the American government in regards to transitional justice were published. These documents, otherwise known as the Transitional Justice Policy Paper Series, came after decades of American involvement in various transitional justice procedures in different parts of the world. Indeed, continuous U.S. involvement in transitional justice paradigms resulted in the creation of an increasingly hybrid apparatus governing international affairs in this regard. This paper thus endeavors to identify and highlight such hybridity on two prevalent levels: first, the American approach towards the ICC is characterized by remarkable contradictions through a constant mixture of support and obstruction. Second, the official position of the U.S. government on transitional justice per se is hybrid par excellence as it combines (1) Truth Commissions, (2) Criminal Prosecutions, (3) Reparations, (4) Lustration and Vetting, and (5) Amnesties. The U.S. Transitional Justice Policy Paper Series further articulate that U.S. involvement in post-conflict societies can take place through an amalgamation of (a) foreign assistance, (b) technical advice, and (c) promotion of transitional justice through diplomacy and resolutions. As such, this paper brings forth an appraisal of hybridity in U.S. foreign policy on transitional justice and democratization in post-conflict societies.