ABSTRACT

Restorative justice theory and practice have largely focused on resolving conflicts between individuals. While the rhetoric of restorative justice is frequently adopted in relation to transitional justice, the traditional triangular model (consisting of victims, offenders, and communities) has not developed sufficiently to assign an appropriate role for the state. This chapter seeks to unpack some of the difficulties traditionally associated with this role. It is argued that many of these are attributable to the popular conception of the state as a monolithic actor. In seeking to disaggregate this notion in both theory and practice, the chapter argues for a more coherent approach to defining the role of the state within post-conflict justice. To this end, more creative energy needs to be channelled into transitional justice to ensure that it meets the diverse and discrete needs of individual victims. A proposal is made for a model whereby public servants might participate in interpersonal restorative encounters with victims, placing truth-telling and apology on a more human level than has hitherto been the case.