ABSTRACT

Transitional justice' represented a new system that could be contrasted with the corrupt or immoral system it replaced, a new way of thinking about justice in the aftermath or war or repression. In transitional justice literature, the role of law has been reconceptualised to recognise the distinct role played by law in times of political upheaval. Yet in recent years the field of transitional justice has been dominated by a toolkit approach that subjects the singular demands of justice in transition to generalised rules, norms and imperatives. However, deconstructing the nature of the relationship between violence and law reveals an altogether different dynamic, and one that casts considerable new light on some of the perennial problems of transitional justice. Rather than viewing transitional justice as a linear progression from war to peace, with the peace agreement marking the break that enables that progression, the circular model reveals the immanence of violence to law.