Bearing Witness: Testimony and Transitional Justice in the Aftermath of Mass Violence

Palgrave Handbook of Testimony and Culture (eds. Sara Jones & Roger Woods)

35 Pages Posted: 28 Sep 2021

See all articles by Stephen Cody

Stephen Cody

Suffolk University Law School

Eric Stover

University of California, Berkeley

Date Written: September 23, 2021

Abstract

The act of telling one’s story in a post-conflict setting—whether as a witness testifying in a criminal trial, recounting events before a truth commission, or speaking up at a community meeting—demands resolution and courage. This chapter explores the role testimony plays in transitional justice processes after mass violence. Psychological, social, and political factors, as well as the nature of the violence itself, influence witness testimony and memorialisation. Collective memories of violence evolve as societies pass through processes of social reconstruction and community reckoning. The chapter provides guidance to court investigators and researchers about the complexities of survivors’ testimonies and the risks and ethical obligations of doing fieldwork in post-conflict settings.

Keywords: Transitional Justice, Testimony, Witnesses, Memorial, Reparations, International Criminal Law

Suggested Citation

Cody, Stephen and Stover, Eric, Bearing Witness: Testimony and Transitional Justice in the Aftermath of Mass Violence (September 23, 2021). Palgrave Handbook of Testimony and Culture (eds. Sara Jones & Roger Woods), Available at SSRN: https://ssrn.com/abstract=3929674

Stephen Cody (Contact Author)

Suffolk University Law School ( email )

120 Tremont Street
Boston, MA 02108-4977
United States

Eric Stover

University of California, Berkeley ( email )

310 Barrows Hall
Berkeley, CA 94720
United States

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