Current Issues In Transitional Justice

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Current Issues in Transitional Justice

Natalia Szablewska,Sascha-Dominik Bachmann
Current Issues in Transitional Justice Book PDF

Author : Natalia Szablewska,Sascha-Dominik Bachmann
Publisher : Springer
Page : 380 pages
File Size : 52,6 Mb
Release : 2014-10-27
Category : Psychology
ISBN : 9783319093901

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Current Issues in Transitional Justice by Natalia Szablewska,Sascha-Dominik Bachmann Pdf

This volume is an inter-disciplinary scholarly resource bringing together contributions from writers, experienced academics and practitioners working in fields such as human rights, humanitarian law, public policy, psychology, cultural and peace studies, and earth jurisprudence. This collection of essays presents the most up to date knowledge and status of the field of transitional justice, and also highlights the emerging debates in this area, which are often overseen and underdeveloped in the literature. The volume provides a wide coverage of the arguments relating to controversial issues emanating from different regions of the world. The book is divided into four parts which groups different aspects of the problems and issues facing transitional justice as a field, and its processes and mechanisms more specifically. Part I concentrates on the traditional means and methods of dealing with past gross abuses of power and political violence. In this section, the authors also expand and often challenge the ways that these processes and mechanisms are conceptualised and introduced. Part II provides a forum for the contributors to share their first hand experiences of how traditional and customary mechanisms of achieving justice can be effectively utilised. Part III includes a collection of essays which challenges existing transitional justice models and provides new lenses to examine the formal and traditional processes and mechanisms. It aims to expose insufficiencies and some of the inherent practical and jurisprudential problems facing the field. Finally, Part IV, looks to the future by examining what remedies can be available today for abuses of rights of the future generations and those who have no standing to claim their rights, such as the environment.

Assessing the Impact of Transitional Justice

Hugo Van der Merwe,Victoria Baxter,Audrey R. Chapman
Assessing the Impact of Transitional Justice Book PDF

Author : Hugo Van der Merwe,Victoria Baxter,Audrey R. Chapman
Publisher : US Institute of Peace Press
Page : 348 pages
File Size : 42,9 Mb
Release : 2009
Category : Law
ISBN : 9781601270368

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Assessing the Impact of Transitional Justice by Hugo Van der Merwe,Victoria Baxter,Audrey R. Chapman Pdf

In Assessing the Impact of Transitional Justice, fourteen leading researchers study seventy countries that have suffered from autocratic rule, genocide, and protracted internal conflict.

Justice in Conflict

Mark Kersten
Justice in Conflict Book PDF

Author : Mark Kersten
Publisher : Oxford University Press
Page : 273 pages
File Size : 54,5 Mb
Release : 2016-08-04
Category : Law
ISBN : 9780191082948

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Justice in Conflict by Mark Kersten Pdf

What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocities accountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes. While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions in Libya, northern Uganda - and beyond.

Handbook of Research on Transitional Justice and Peace Building in Turbulent Regions

Cante, Fredy
Handbook of Research on Transitional Justice and Peace Building in Turbulent Regions Book PDF

Author : Cante, Fredy
Publisher : IGI Global
Page : 559 pages
File Size : 53,8 Mb
Release : 2015-12-17
Category : Political Science
ISBN : 9781466696761

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Handbook of Research on Transitional Justice and Peace Building in Turbulent Regions by Cante, Fredy Pdf

In the era of globalization, awareness surrounding issues of violence and human rights violations has reached an all-time high. In a world where billions of human beings have the potential to create endless destruction, these same individuals are capable of working cooperatively to create adequate solutions to current global problems. The Handbook of Research on Transitional Justice and Peace Building in Turbulent Regions focuses on current issues facing nations and regions where poverty and conflict are endangering the lives of citizens as well as the socio-economic viability of those regions. Highlighting crucial topics and offering potential solutions to problems relating to domestic and international conflict, societal safety and security, as well as political instability, this comprehensive publication is designed to meet the research needs of economists, social theorists, politicians, policy makers, human rights activists, researchers, and graduate-level students across disciplines.

Transitional Justice and the ‘Disappeared’ of Northern Ireland

Lauren Dempster
Transitional Justice and the Disappeared of Northern Ireland Book PDF

Author : Lauren Dempster
Publisher : Routledge
Page : 233 pages
File Size : 41,6 Mb
Release : 2019-06-11
Category : History
ISBN : 9781351239363

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Transitional Justice and the ‘Disappeared’ of Northern Ireland by Lauren Dempster Pdf

This book employs a transitional justice lens to address the ‘disappearances’ that occurred during the Northern Ireland conflict – or ‘Troubles’ – and the post-conflict response to these ‘disappearances.’ Despite an extensive literature around ‘dealing with the past’ in Northern Ireland, as well as a substantial body of scholarship on ‘disappearances’ in other national contexts, there has been little scholarly scrutiny of ‘disappearances’ in post-conflict Northern Ireland. Although the Good Friday Agreement brought relative peace to Northern Ireland, no provision was made for the establishment of some form of overarching truth and reconciliation commission aimed at comprehensively addressing the legacy of violence. Nevertheless, a mechanism to recover the remains of the ‘disappeared’ – the Independent Commission for the Location of Victims’ Remains (ICLVR) – was established, and has in fact proven to be quite effective. As a result, the reactions of key constituencies to the ‘disappearances’ can be used as a prism through which to comprehensively explore issues of relevance to transitional justice scholars and practitioners. Pursuing an interdisciplinary approach, and based on extensive empirical research, this book provides a multifaceted exploration of the responses of these constituencies to the practice of ‘disappearing.’ It engages with transitional justice themes including silence, memory, truth, acknowledgement, and apology. Key issues examined include the mobilisation efforts of families of the ‘disappeared,’ efforts by a (former) non-state armed group to address its legacy of violence, the utility of a limited immunity mechanism to incentivise information provision, and the interplay between silence and memory in the shaping of a collective, societal understanding of the ‘disappeared.’

Localizing Transitional Justice

Rosalind Shaw,Lars Waldorf,Pierre Hazan
Localizing Transitional Justice Book PDF

Author : Rosalind Shaw,Lars Waldorf,Pierre Hazan
Publisher : Stanford University Press
Page : 368 pages
File Size : 47,8 Mb
Release : 2010-04-23
Category : Political Science
ISBN : 9780804774635

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Localizing Transitional Justice by Rosalind Shaw,Lars Waldorf,Pierre Hazan Pdf

Through war crimes prosecutions, truth commissions, purges of perpetrators, reparations, and memorials, transitional justice practices work under the assumptions that truth telling leads to reconciliation, prosecutions bring closure, and justice prevents the recurrence of violence. But when local responses to transitional justice destabilize these assumptions, the result can be a troubling disconnection between international norms and survivors' priorities. Localizing Transitional Justice traces how ordinary people respond to—and sometimes transform—transitional justice mechanisms, laying a foundation for more locally responsive approaches to social reconstruction after mass violence and egregious human rights violations. Recasting understandings of culture and locality prevalent in international justice, this vital book explores the complex, unpredictable, and unequal encounter among international legal norms, transitional justice mechanisms, national agendas, and local priorities and practices.

Transformative Transitional Justice and the Malleability of Post-Conflict States

Padraig McAuliffe
Transformative Transitional Justice and the Malleability of Post Conflict States Book PDF

Author : Padraig McAuliffe
Publisher : Edward Elgar Publishing
Page : 368 pages
File Size : 49,8 Mb
Release : 2017-03-31
Category : Electronic
ISBN : 9781783470044

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Transformative Transitional Justice and the Malleability of Post-Conflict States by Padraig McAuliffe Pdf

Despite the growing focus on issues of socio-economic transformation in contemporary transitional justice, the path dependencies imposed by the political economy of war-to-peace transitions and the limitations imposed by weak statehood are seldom considered. This book explores transitional justice’s prospects for seeking economic justice and reform of structures of poverty in the specific context of post-conflict states.

Truth and Reconciliation in South Africa

Hugo van der Merwe,Audrey R. Chapman
Truth and Reconciliation in South Africa Book PDF

Author : Hugo van der Merwe,Audrey R. Chapman
Publisher : University of Pennsylvania Press
Page : 366 pages
File Size : 51,5 Mb
Release : 2008-02
Category : History
ISBN : 0812240596

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Truth and Reconciliation in South Africa by Hugo van der Merwe,Audrey R. Chapman Pdf

"Of the truth commissions to date, the South African Truth and Reconciliation Commission (TRC) has most effectively captured public attention throughout the world and provided the model for succeeding bodies. Although other truth commissions had preceded its establishment, the TRC had a far more expansive mandate: to go beyond truth-finding to promote national unity and reconciliation, to facilitate the granting of amnesty to those who made full factual disclosure, to restore the human and civil dignity of victims by providing them an opportunity to tell their own stories, and to make recommendations to the president on measures to prevent future human rights violations.

Transitional Justice in Troubled Societies

Aleksandar Fatic,Klaus Bachmann,Igor Lyubashenko
Transitional Justice in Troubled Societies Book PDF

Author : Aleksandar Fatic,Klaus Bachmann,Igor Lyubashenko
Publisher : Rowman & Littlefield
Page : 249 pages
File Size : 54,7 Mb
Release : 2018-11-26
Category : Political Science
ISBN : 9781786605900

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Transitional Justice in Troubled Societies by Aleksandar Fatic,Klaus Bachmann,Igor Lyubashenko Pdf

This book discusses the crucial strategic topic for the practical implementation of transitional justice in post-conflict societies by arguing that the dilemma is defined by the extent to which the actual achievement of the political goals of transition is a necessary condition for the long-term observance and implementation of justice. While in many cases the ‘blind’ criminal justice does not enhance, and even militates against, the achievement of political transitions, an understanding of transitional justice as a fundamentally political process is novel, controversial and a concept which may shape the future of transitional justice. This collection contributes to developing this concept both theoretically and through concrete and current case studies from the worlds most pronounced crisis spots for transitional justice.

Understanding Transitional Justice

Giada Girelli
Understanding Transitional Justice Book PDF

Author : Giada Girelli
Publisher : Springer
Page : 335 pages
File Size : 45,7 Mb
Release : 2017-07-03
Category : Political Science
ISBN : 9783319536064

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Understanding Transitional Justice by Giada Girelli Pdf

The book is an accurate and accessible introduction to the complex and dynamic field of transitional and post-conflict justice, providing an overview of its recurring concepts and debated issues. Particular attention is reserved to how these concepts and issues have been addressed, both theoretically and literally, by lawyers, policy-makers, international bodies, and other actors informing the practice. By presenting significant, if undeniably disputable, alternatives to mainstream theories and past methods of addressing past injustice and (re)building a democratic state, the work aims to illustrate some foundational themes of transitional justice that have emerged from a diverse set of discussions. The author’s position thus arrives from a careful analysis of the advantages and disadvantages of answers to the question: how, after a traumatic social experience, is justice restored?

Research Handbook on Transitional Justice

D Jacobs
Research Handbook on Transitional Justice Book PDF

Author : D Jacobs
Publisher : Edward Elgar Publishing
Page : 128 pages
File Size : 42,8 Mb
Release : 2024-06-10
Category : Electronic
ISBN : 9781781955314

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Research Handbook on Transitional Justice by D Jacobs Pdf

Providing detailed and comprehensive coverage of the transitional justice field, this Research Handbook brings together leading scholars and practitioners to explore how societies deal with mass atrocities after periods of dictatorship or conflict. Situating the development of transitional justice in its historical context, social and political context, it analyses the legal instruments that have emerged.

Resistance and Transitional Justice

Briony Jones,Julie Bernath
Resistance and Transitional Justice Book PDF

Author : Briony Jones,Julie Bernath
Publisher : Routledge
Page : 289 pages
File Size : 47,6 Mb
Release : 2017-07-31
Category : Law
ISBN : 9781351855839

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Resistance and Transitional Justice by Briony Jones,Julie Bernath Pdf

Despite a more reflective concern over the past 20 years with marginalised voices, justice from below, power relations and the legitimacy of mechanisms and processes, scholarship on transitional justice has remained relatively silent on the question of ‘resistance’. In response, this book asks what can be learnt by engaging with resistance to transitional justice not just as a problem of process, but as a necessary element of transitional justice. Drawing on literatures about resistance from geography and anthropology, it is the social act of labelling resistance, along with its subjective nature, that is addressed here as part of the political, economic, social and cultural contexts in which transitional justice processes unfold. Working through three cases – Côte d’Ivoire, Burundi and Cambodia – each chapter of the book addresses a different form or meaning of resistance, from the vantage point of multiple actors. As such, each chapter adds a different element to an overall argument that disrupts the norm/deviancy dichotomy that has so far characterised the limited work on resistance and transitional justice. Together, the chapters of the book develop cross-cutting themes that elaborate an overall argument for considering resistance to transitional justice as a subjective element of a political process, rather than as a problem of implementation.

Law in Transition

Ruth Buchanan,Peer Zumbansen
Law in Transition Book PDF

Author : Ruth Buchanan,Peer Zumbansen
Publisher : Bloomsbury Publishing
Page : 392 pages
File Size : 49,8 Mb
Release : 2014-12-01
Category : Law
ISBN : 9781782254126

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Law in Transition by Ruth Buchanan,Peer Zumbansen Pdf

Law has become the vehicle by which countries in the 'developing world', including post-conflict states or states undergoing constitutional transformation, must steer the course of social and economic, legal and political change. Legal mechanisms, in particular, the instruments as well as concepts of human rights, play an increasingly central role in the discourses and practices of both development and transitional justice. These developments can be seen as part of a tendency towards convergence within the wider set of discourses and practices in global governance. While this process of convergence of formerly distinct normative and conceptual fields of theory and practice has been both celebrated and critiqued at the level of theory, the present collection provides, through a series of studies drawn from a variety of contexts in which human rights advocacy and transitional justice initiatives are colliding with development projects, programmes and objectives, a more nuanced and critical account of contemporary developments. The book includes essays by many of the leading experts writing at the intersection of development, rights and transitional justice studies. Notwithstanding the theoretical and practical challenges presented by the complex interaction of these fields, the premise of the book is that it is only through engagement and dialogue among hitherto distinct fields of scholarship and practice that a better understanding of the institutional and normative issues arising in contemporary law and development and transitional justice contexts will be possible. The book is designed for research and teaching at both undergraduate and graduate levels. ENDORSEMENTS An extraordinary collection of essays that illuminate the nature of law in today's fragmented and uneven globalized world, by situating the stakes of law in the intersection between the fields of human rights, development and transitional justice. Unusual for its breadth and the quality of scholarly contributions from many who are top scholars in their fields, this volume is one of the first that attempts to weave the three specialized fields, and succeeds brilliantly. For anyone working in the fields of development studies, human rights or transitional justice, this volume is a wake-up call to abandon their preconceived ideas and frames and aim for a conceptual and programmatic restart. Professor Balakrishnan Rajagopal, Ford International Associate Professor of Law and Development, Massachusetts Institute of Technology This superb collection of essays explores the challenges, possibilities, and limits faced by scholars and practitioners seeking to imagine forms of law that can respond to social transformation. Drawing together cutting-edge work across the three dynamic fields of law and development, transitional justice, and international human rights law, this volume powerfully demonstrates that in light of the changes demanded of legal research, education, and practice in a globalizing world, all law is "law in transition". Anne Orford, Michael D Kirby Chair of International Law and Australian Research Council Future Fellow, University of Melbourne A terrific volume. Leading scholars of human rights, development policy, and transitional justice look back and into the future. What has worked? Where have these projects gone astray or conflicted with one another? Law will only contribute forcefully to justice, development and peaceful, sustainable change if the lessons learned here give rise to a new practical wisdom. We all hope law can do better – the essays collected here begin to show us how. David Kennedy, Manley O Hudson Professor of Law, Director, Institute for Global Law and Policy, Harvard Law School

The Era of Transitional Justice

Paul Gready
The Era of Transitional Justice Book PDF

Author : Paul Gready
Publisher : Routledge
Page : 270 pages
File Size : 46,5 Mb
Release : 2010-10-18
Category : Law
ISBN : 9781136902192

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The Era of Transitional Justice by Paul Gready Pdf

First Published in 2011. Routledge is an imprint of Taylor & Francis, an informa company.

Business, Human Rights and Transitional Justice

Irene Pietropaoli
Business Human Rights and Transitional Justice Book PDF

Author : Irene Pietropaoli
Publisher : Routledge
Page : 240 pages
File Size : 54,8 Mb
Release : 2020-05-07
Category : Business & Economics
ISBN : 9781000066067

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Business, Human Rights and Transitional Justice by Irene Pietropaoli Pdf

This book considers the efficacy of transitional justice mechanisms in response to corporate human rights abuses. Corporations and other business enterprises often operate in countries affected by conflict or repressive regimes. As such, they may become involved in human rights violations and crimes under international law ‒ either as the main perpetrators or as accomplices by aiding and abetting government actors. Transitional justice mechanisms, such as trials, truth commissions, and reparations, have usually focused on abuses by state authorities or by non-state actors directly connected to the state, such as paramilitary groups. Innovative transitional justice mechanisms have, however, now started to address corporate accountability for human rights abuses and crimes under international law and have attempted to provide redress for victims. This book analyzes this development, assessing how transitional justice can provide remedies for corporate human rights abuses and crimes under international law. Canvassing a broad range of literature relating to international criminal law mechanisms, regional human rights systems, domestic courts, truth and reconciliation commissions, and land restitution programmes, this book evaluates the limitations and potential of each mechanism. Acknowledging the limited extent to which transitional justice has been able to effectively tackle the role of corporations in human rights violations and international crimes, this book nevertheless points the way towards greater engagement with corporate accountability as part of transitional justice. A valuable contribution to the literature on transitional justice and on business and human rights, this book will appeal to scholars, researchers and PhD students in these areas, as well as lawyers and other practitioners working on corporate accountability and transitional justice.