ABSTRACT

While transitional justice, and international law, is traditionally state centered, trends in international law towards achieving corporate accountability suggest that transitional justice equally needs to be considered. Some interesting lessons can be learned from complementary relationship between truth and reconciliation commissions (TRCs) and civil litigation taking place outside the transitional justice process. Certain civil litigation options are available in countries with robust legal systems and economies, such as the United States, particularly in the case of the ATS and the UK. Argentinian and Colombian transitions changed the narrative through raising awareness of the economic dimensions and beneficiaries of the atrocities that occurred. Raising awareness of complexities of the causes and consequences of conflict and repression, and the role of corporate actors is also important. Corporations play a role not only with regard to violations of civil and political rights but also with regard to violations of ESCR. The UN Guiding Principles' focus on remediation emphasizes the significance of such reparations.