Transitional justice refers to a field of activity focused on how societies address legacies of past human rights abuses through a combination of complementary judicial and extra-judicial mechanisms, as well as different forms of exploring the violent past. This means that human rights law constitutes the overarching frame of reference for transitional justice. More specifically, "transitional justice relies on international law to make the case that states undergoing transitions are faced with certain legal obligations, including halting ongoing human rights abuses, investigating past crimes, identifying those responsible for human rights violations, imposing sanctions on those responsible, providing reparations to victims, preventing future abuses, preserving and enhancing peace, and fostering individual and national reconciliation."
Here, the retrospective and prospective dimensions of justice are closely inter-related. The traumatic events of the past create heavy legacies for future generations...if not addressed, [they] risk undermining efforts to establish sustainable human rights protection systems...The lack of justice and accountability perpetuates climates of impunity, which undermine the rule of law as well as exacerbating a sense of injustice and discrimination within targeted communities. Transitional justice programs also have secondary effects on the capacity of a society and a state to protect human rights in a sustainable manner. Through public information campaigns organized for the transitional justice process, these programs contribute to raising public awareness about human rights protection; generally mobilize extensive civil society networks as well members of the national judicial system, potentially contributing to the building of a sustainable community engaged in the protection of human rights. The Special Court for Sierra Leone, for example, initiated a public outreach campaign that aims to inform and explain the work of the Court, the broader issues of justice and the citizens role. The principle that effective transitional justice is integral to the ability of a state to build a sustainable human rights protection system is expressly acknowledged by the UN, as exemplified by frequent statements of the High Commissioner for Human Rights.
