e International Journal of Transitional Justice, Vol. 00, 2022, 1–7
doi: hps://doi.org/10.1093/ijtj/ijac023
Editorial
Transitional Justice and Corporate
Accountability: Introducing New Players
and New eoretical Challenges
Hugo van der Merwe
*
and M. Brinton Lykes
†
*
Hugo van der Merwe: Senior Research Specialist, Centre for the Study of Violence and Reconciliation, Cape Town,
South Africa. Email: hvdmerwe@csvr.org.za
†
M. Brinton Lykes: Professor of Community Cultural Psychology, Co-Director, Center for Human Rights and
International Justice, Boston College, USA. Email: lykes@bc.edu
© e Author(s) 2022. Published by Oxford University Press. All rights reserved.
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Corporate accountability for complicity in past and ongoing gross violations of human rights
and economic crimes is a rapidly growing area of interest in the transitional justice field. Address-
ing such violations and their role in fueling conflict and repression is now recognized as a
key component of societies’ efforts to come to terms with the past, and, perhaps even more
importantly, creating the conditions for non-recurrence of violent conflict and human rights
abuses.
Truth commissions have increasingly included such economic violations in their mandates,
and corporate actors have been the focus of a number of high-profile court cases. Such civil
claims and criminal cases appear to offer limited redress thus far, but the normative landscape
of transitional justice is shiſting, both at national and international levels. Scholarly interest has
spiked, as illustrated in the review essay in this volume by Evelyne Owiye Asaala, which high-
lights three new volumes that unpack recent developments. We also see increased civil society
mobilization to demand that corporate actors are held to account and contribute to reparations.
In some cases, the amounts that corporate actors can or will contribute to compensate survivors
dwarf the financial contribution to reparations funds by governments, demonstrating not just
their potential contribution to transitional justice, but the scope of their liability for past abuses.
1
Integrating corporate accountability into transitional justice has however proven to be a
difficult challenge. On a practical level, the political challenges, the power of international corpo-
rations, the gaps in the legal frameworks, etc. are huge obstacles to overcome. At an intellectual
level, such an integration also presents difficult questions that challenge the very fundamental
assumptions of the transitional justice field.
Transitional justice is a field that is continuously confounded by a lack of agreement on its
constituent concepts: transition and justice. Both these words have been used as signifiers for
1
For example, mine workers filed a claim against gold-mining companies in South Africa for exposure to unhealthy work
conditions during apartheid, which resulted in a selement of over US$300 million, which is 10 times the amount paid by the
apartheid government to victims identified by the country’s truth commission. For a detailed analysis of the case, see Cathy-Ann
Potgieter, “‘ey Sent Me Home to Die” – Occupational Diseases and the Gold Mining Industry in Post-Apartheid South Africa’
(MA thesis, University of Cape Town, 2022).
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