1 - Introduction

Summary

The introduction outlines the key objectives of the book. It argues that there are different strands in the transitional justice literature that largely miss each other. On the one hand, there is a rich body of literature on memorialization processes and the role of memory and heritage in transition. This body of knowledge does not engage with the law, due to a perception that the law’s main focus is on accountability and prosecutions. On the other hand, the bulk of legal literature on transitional justice indeed tends to focus on accountability, neglecting its role in promoting reparations and guarantees of non-repetition, which are central to the success of transitional justice efforts. The chapter shows that, as a result of these two bodies not engaging one another, the law around culture, and cultural heritage in particular, is left at the mercy of other political forces in the transitional process, forces which tend to align with the pre-transition status quo, and therefore cultural heritage law unwittingly becomes a point of resistance to transitional efforts.