Authors :
Sunday W. Jial
Volume/Issue :
Volume 11 - 2026, Issue 7 - July
Google Scholar :
https://tinyurl.com/4jxbx5cp
Scribd :
https://tinyurl.com/ynde9dme
DOI :
https://doi.org/10.38124/ijisrt/26jul1671
Note : A published paper may take 4-5
working days from the publication date to appear in PlumX Metrics, Semantic Scholar, and
ResearchGate.
Abstract :
Restorative justice has gained growing recognition as an alternative or complementary approach to conventional
criminal justice. Rather than viewing wrongdoing solely as a violation of state law that requires punishment, restorative
justice conceptualises it as harm inflicted on individuals, relationships, families, and communities. It therefore seeks to
address victims' needs, establish meaningful offender accountability, repair damaged relationships, and support the
reintegration of affected parties. This conceptual article examines the development, principles, and global application of
restorative justice, with particular attention to traditional African approaches to communal conflict and cyclical revenge
killings. It argues that restorative justice can interrupt revenge cycles by creating a culturally legitimate process through
which responsibility is acknowledged, victims are heard, compensation is negotiated, communal relationships are repaired,
and commitments to non-retaliation are publicly affirmed. The article gives particular attention to reconciliation rituals,
shared meals, oath-taking, collective witnessing, and the invocation of moral or spiritual authority. These practices can
transform a negotiated settlement from a private agreement into a socially and morally binding covenant. However,
restorative justice should not be romanticised or treated as an automatic substitute for formal justice. Its legitimacy depends
on voluntary participation, victim safety, impartial facilitation, proportional accountability, respect for human rights, and
effective institutional follow-up. The article concludes that a hybrid approach combining restorative processes, culturally
legitimate ritual practices, and formal legal safeguards offers considerable potential for addressing interpersonal and
communal violence while preventing renewed retaliation.
Keywords :
Restorative Justice, Revenge Killings, Ritualised Reconciliation, Customary Justice, Communal Conflict, Compensation, Accountability, Social Cohesion.
References :
- Braithwaite, J. (1989). Crime, shame and reintegration. Cambridge University Press.
- Díaz Gude, A., & Navarro Papic, I. (2020). Restorative justice and legal culture. Criminology & Criminal Justice, 20(1), 57-75. https://doi.org/10.1177/1748895818796549
- Fulham, L., Blais, J., Rugge, T., & Schultheis, E. A. (2025). The effectiveness of restorative justice programs: A meta-analysis of recidivism and other relevant outcomes. Criminology & Criminal Justice, 25(5), 1486-1512. https://doi.org/10.1177/17488958231215228
- Horn, K. (2018). A report on the relationship between restorative justice and Indigenous legal traditions in Canada. Department of Justice Canada.
- Latimer, J., Dowden, C., & Muise, D. (2005). The effectiveness of restorative justice practices: A meta-analysis. The Prison Journal, 85(2), 127-144. https://doi.org/10.1177/0032885505276969
- Marshall, T. F. (1999). Restorative justice: An overview. Home Office.
- Murhula, P. B. B. (2022). Indigenous restorative justice mechanisms as a tool for transitional justice in the Democratic Republic of Congo. African Journal on Conflict Resolution, 22(1).
- Naudé, B. (2006). An international perspective of restorative justice practices and research outcomes. Journal for Juridical Science, 31(1), 101-120.
- Noakes-Duncan, T. (2016). The emergence of restorative justice in ecclesial practice. Journal of Moral Theology, 5(2), 1-21.
- United Nations Economic and Social Council. (2002). Basic principles on the use of restorative justice programmes in criminal matters (Resolution 2002/12).
- United Nations Office on Drugs and Crime. (2020). Handbook on restorative justice programmes (2nd ed.). United Nations.
- Yoon, I. S. (2019). The impact of theological foundations of restorative justice for the human rights protections of North Korean stateless women as victims of human trafficking. HTS Teologiese Studies/Theological Studies, 75(1). https://doi.org/10.4102/hts.v75i1.5438
- Zehr, H. (1990). Changing lenses: A new focus for crime and justice. Herald Press.
- Zehr, H. (2015). The little book of restorative justice (Rev. ed.). Good Books.
Restorative justice has gained growing recognition as an alternative or complementary approach to conventional
criminal justice. Rather than viewing wrongdoing solely as a violation of state law that requires punishment, restorative
justice conceptualises it as harm inflicted on individuals, relationships, families, and communities. It therefore seeks to
address victims' needs, establish meaningful offender accountability, repair damaged relationships, and support the
reintegration of affected parties. This conceptual article examines the development, principles, and global application of
restorative justice, with particular attention to traditional African approaches to communal conflict and cyclical revenge
killings. It argues that restorative justice can interrupt revenge cycles by creating a culturally legitimate process through
which responsibility is acknowledged, victims are heard, compensation is negotiated, communal relationships are repaired,
and commitments to non-retaliation are publicly affirmed. The article gives particular attention to reconciliation rituals,
shared meals, oath-taking, collective witnessing, and the invocation of moral or spiritual authority. These practices can
transform a negotiated settlement from a private agreement into a socially and morally binding covenant. However,
restorative justice should not be romanticised or treated as an automatic substitute for formal justice. Its legitimacy depends
on voluntary participation, victim safety, impartial facilitation, proportional accountability, respect for human rights, and
effective institutional follow-up. The article concludes that a hybrid approach combining restorative processes, culturally
legitimate ritual practices, and formal legal safeguards offers considerable potential for addressing interpersonal and
communal violence while preventing renewed retaliation.
Keywords :
Restorative Justice, Revenge Killings, Ritualised Reconciliation, Customary Justice, Communal Conflict, Compensation, Accountability, Social Cohesion.