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20 results

Transitional Justice and the Former Soviet Union
  • Reviewing the Past, Looking toward the Future
  • Edited by Cynthia M. Horne, Lavinia Stan
  • Published online:
    20 February 2018
    Print publication:
    22 February 2018
  • In the twenty-five years since the Soviet Union was dismantled, the countries of the former Soviet Union have faced different circumstances and responded differently to the need to redress and acknowledge the communist past and the suffering of their people. While some have adopted transitional justice and accountability measures, others have chosen to reject them; these choices have directly affected state building and societal reconciliation efforts. This is the most comprehensive account to date of post-Soviet efforts to address, distort, ignore, or recast the past through the use, manipulation, and obstruction of transitional justice measures and memory politics initiatives. Editors Cynthia M. Horne and Lavinia Stan have gathered contributions by top scholars in the field, allowing the disparate post-communist studies and transitional justice scholarly communities to come together and reflect on the past and its implications for the future of the region.

  • International Legal Rulings on Lustration Policies in Central and Eastern Europe: Rule of Law in Historical Context

  • Cynthia M. Horne
  • Journal:
    Law & Social Inquiry / Volume 34 / Issue 3 / Summer 2009
    Published online by Cambridge University Press:
    27 December 2018, pp. 713-744
    Print publication:
    Summer 2009

  • The transitional justice literature highlights various trade‐offs involved in the choice and implementation of lustration as a transitional justice measure in Central and Eastern Europe. This article examines how international legal body rulings on lustration laws have interpreted rule‐of‐law versus justice concerns. The European Court of Human Rights and the International Labour Organization have explored possible information problems, due process violations, employment discrimination issues, and bureaucratic loyalty concerns within the context of lustration. Three findings emerge from their legal rulings. First, contrary to popular notions, international legal bodies are not antilustration. The institutions are engaging with questions regarding the fair implementation, not the legality, of lustration laws. Second, the prioritizing of justice concerns during the transition efforts is highlighted as a way to lay a strong democratic foundation. Third, the organizations have emphasized the importance of placing rule of law in historical context, thereby situating post‐Communist societies within other posttotalitarian regime‐building narratives.