Abrial 6884970 Transitional justice, th UN and Spain, a study.

Abstract

By answering the question “How did international developments in the field of transitional justice affect the United Nations and the Spanish transition from dictatorship to democracy and its aftermath, and how did they consequently influence each other, concretely between 1975-2023?”, this thesis examines the link between the norms and guidelines for transitional justice developed in the UN system, and Spain’s own transitional justice system after Franscisco Franco’s death in 1975. Through an in-depth historical analysis combined with systematic policy analysis and a comparative case study approach, this thesis unearthed early traces of transitional justice principles and their subsequent developments in the United Nations and juxtaposed them with an in-depth analysis of how the transitional justice process unfolded in the Spanish context.

Placing the Spanish case study within the broader evolution of UN transitional justice guidelines, this thesis argues that transitional justice is inherently context-dependent and requires a balanced mix of approaches tailored to national circumstances. Moreover, this thesis highlights the mutual influence between both international and national developments while shaping transitional justice. In short, this thesis contributed to academic debates by providing new insights into the complex interplay between global norms and the particularity of the Spanish case.

The study identifies four key findings. First, transitional justice is the result of complex interactions between global trends and country-specific contexts. Second, there has been a paradigm shift at the UN in understanding transitional justice: from a punitive, prosecutorial, state-focused top-down approach to a more holistic, victim-centered approach, from bottom to top. Thirdly, Spain’s own transitional justice trajectory aligns with this people-centric model emphasizing truth-telling, reparations, institutional reform and societal reconciliation rather than criminal trials. Lastly, transitional justice processes can exist within a country despite being opposed by certain political forces and the inactivity of the government in place. The process can be driven by civil society movements and dedication to human rights norms.