Paper short abstract:

The case of Burundi is an illustration of the manipulation of retributive and restaorative justice by politics in contexts of transition. Transitional justice seems to be the place where justice of the past, of the future and of the present have to be reinvented.

Paper long abstract:

The Burundian study case presents some particularities among transitional justice processes. Whereas the Arusha peace and reconciliation agreement for Burundi in 2000 decided setting up two transitional justice instruments, a special chamber and a TRC, the transitional justice process hasn't begun yet . A sort of consociativisme system was set up in Burundi as the model organization of power-sharing. Inside the politic game of power-sharing the peace-justice dilemma appears through manipulation of retributive justice, which is assimilated to "Justice", and the truth and pardon, which claim referring to "Peace". Classical retributive justice seems shown its limits regarding the objective of peace. Another particularity is found regarding numerous judicial and legal reforms relatively to children rights, lands conflict, electoral law or Criminal Code. On one hand, transitional justice seems to be past justice, currently justice and future justice at the same time and on the other hand it may take several forms out of the official one, initially predicted. In a legalist and normative view, global nature of justice in transition might cause deadlock regarding the case of Burundi. In a systemic and multidisciplinary perspective, global nature of justice in transition reveals change capacities according to the case of Burundi. Nevertheless, restorative experiences, especially regarding Gacaca in Rwanda or TRC in South Africa, are not representatives of real modalities of restorative justice. Finally, any choice seems to be done between peace and justice but a particular form of justice is privileged in a specific moment of a long-term process of transitional justice.