ABSTRACT

Today, almost two decades later, the concept of transitional justice has influenced the legal, social, and political discourse of societies undergoing fundamental social change, as well as that of the international community. A key belief of transitional justice is that alleged perpetrators of genocide, crimes against humanity, and war crimes should be prosecuted, tried, and, if found guilty, punished for the atrocities they committed. For example, the South African truth and reconciliation commission (TRC) was established by the Promotion of National Unity and Reconciliation Act in 1995 to clarify 'the nature, causes and extent of gross violations of human rights' Preamble to the Act. They are mechanisms geared toward dealing with the work carried out by corporations, and they provide important tools to investigate corporate wrongdoing. Therefore, the UN Guiding Principles are also applicable in transitional justice processes, and provide a window of opportunity for linking corporate behavior and accountability with transitional justice.