ABSTRACT
The debate over ‘law and lustration’ or the treatment of wrongdoers by successor (often democratic) state regimes has focused on the relative merits of prosecution, amnesty and truth commissions. However, this literature largely focuses on desirable outcomes and what is sacrificed given significant state and/ or military opposition to any or all of these measures.1 Few studies have considered the preconditions under which these measures become more feasible. In this chapter, I set forth factors that I hypothesize affect the outcome that can be attained. I also address strategies of transition that may be adopted both by transitional states and by the international community, and which are informed by my discussion of the previously discussed factors.
