Gender, transitional justice and failed statehood: Can the Somali traditional customary law be the basis for viable and inclusive mechanism(s) of transitional justice for Somalia?

摘要

Although the localization of transitional justice may have certain advantages, such as legitimacy, critics have expressed some significant concerns about it. For instance, critics have argued that in some cases local customary or indigenous law-based mechanisms of transitional justice tend to exclude women and often concentrate power in the hands of males from dominant groups. In this regard, the Somali case is interesting in so far as it combines a complete collapse of the state and a protracted civil war. In addition, the exploration of this case is important as there are very few studies that have attempted to empirically investigate it. Thus, this dissertation addresses explores the overarching research question: how can an approach of transitional justice, which takes into account Somalia's economic, political and socio-cultural history, and is attentive to the needs of victims of human rights abuses in this country be achieved in this country? This dissertation deals with three interrelated questions that are empirically explored in three separate chapters. In answering these questions, this dissertation employs a theoretical framework and appropriate research methodologies. Further, the analyses presented show that major differences in opinion exist regarding the usefulness of the Somali traditional xeer or customary law in building a model of transitional justice among male and female respondents as well as among respondents from different regions of Somalia.