New Eastern Europe - November-December 2017

(Ben Green) #1

Is it too early to


speak about justice


in Donbas?


GERHARD KEMP AND IGOR LYUBASHENKO


There is no clear post-conflict strategy for Donbas.
This is to a significant extent caused by the
hybridness of the conflict which effectively prevents
the fundamental goal of peace. If peace were to
be achieved, however, experience from the field
of transitional justice could point to some ways
post-conflict justice might progress in Ukraine.

Much has been written about the Donbas conflict since it evolved into a full-
fledged war in the summer of 2014. One aspect of the conflict which has been
given almost no attention, despite its obvious importance for Ukraine’s long-term
development, are reflections on its aftermath. The debate in the West has predomi-
nantly focused on highly pragmatic and technical questions like how to stop the
violence and move the conflict into the political realm. Ukrainians, on the other
hand, are stuck in a black-and-white characterisation of “treason vs victory” in
terms of virtually all aspects of the conflict. In the background of both approaches,
there seems to be an assumption that the conflict can be resolved rather easily and
the situation will return to what existed prior.
This assumption is misguided. Any stable and long-lasting resolution of the
conflict should be accepted by all interested parties as just. This implies that such
a resolution is yet to be found. A simple reconstruction of the pre-conflict circum-

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