Truth in restorative justice and its implications for criminal justice in cases of gross human rights violations

There is increasing interest in restorative justice as an alternative to traditional criminal justice approaches for crimes amounting to gross human rights violations. However, modern theories of restorative justice were developed in the context of ordinary crime. Moreover, international law scholars and practitioners have not yet sufficiently engaged with these theories to fully understand what restorative justice is, how it operates, whether it is applicable to gross human rights violations, and what adjustments might be necessary in such contexts. This thesis contributes to this discussion by focusing on one key aspect: the notion of truth. It first clarifies the conceptualization of truth emerging from restorative justice theories and then evaluates whether this conceptualization resonates in restorative justice practice dealing with gross human rights violations through two case studies: the Special Jurisdiction for Peace in Colombia and Restorative Justice Encounters in the Basque Country, Spain. The thesis then explores the implications of introducing the restorative justice conceptualization of truth into criminal justice processes for atrocities, including its added value and challenges. The assessment goes beyond a legal-positivist perspective to consider implications for the role of criminal justice as an accountability practice in situations of atrocities.