Kosovo And Transitional Justice

Author : Aidan Hehir,Furtuna Sheremeti
Publisher : Routledge
Page : 161 pages
File Size : 49,8 Mb
Release : 2021-07-15
Category : Political Science
ISBN : 9781000409963

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Kosovo and Transitional Justice by Aidan Hehir,Furtuna Sheremeti Pdf

This book analyses efforts to achieve justice in Kosovo for victims of crimes committed during the conflict in the 1990s, relating this to broader debates on transitional justice. The war in Kosovo has come under the jurisdiction of a number of mechanisms which fit within the broader framework of transitional justice. These include international tribunals (the ICTY), international organisations with judicial mandates within Kosovo (UNMIK and EULEX), ad-hoc hybrid tribunals (the Kosovo Specialist Chambers) and truth-seeking mechanisms (RECOM and the Truth and Reconciliation Commission). Collectively, these developments make Kosovo a profoundly important case study on the contemporary efficacy of transitional justice. This volume analyses the nature and impact of the various mechanisms employed to date in Kosovo to determine their effects within the country, and their broader international significance. Various critical issues are examined through an exploration of the institutional mechanisms employed in each case, their coherence with existing theories on "best practice" principles, and the broader implications of their efficacy in Kosovo. This book will be of much interest to students of transitional justice, statebuilding, Balkan politics, and International Relations in general.

Author : Mark Kersten
Publisher : Oxford University Press
Page : 273 pages
File Size : 46,8 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.

Author : Ivo Aertsen,Jana Arsovska,Holger-C Rohne,Marta Valiñas,Kris Vanspauwen
Publisher : Willan
Page : 502 pages
File Size : 50,5 Mb
Release : 2013-05-13
Category : Social Science
ISBN : 9781134006236

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Restoring Justice after Large-scale Violent Conflicts by Ivo Aertsen,Jana Arsovska,Holger-C Rohne,Marta Valiñas,Kris Vanspauwen Pdf

This book provides a comparative analysis of the potential of restorative justice approaches to dealing with mass victimization in the context of large-scale violent conflicts focusing on case studies from Kosovo, Israel-Palestine and Congo, incorporating contributions from leading authorities in these areas. One of the main objectives of the book is to examine if, how and to what extent restorative justice is applicable in various different cultural, social and historical contexts, and what common themes can be identified within the different regions under analysis. The book will also provide a critical analysis of the UN Basic Principles on the use of restorative justice programmes in criminal matters as applied to the context of large scale violence.

Author : Martina Fischer,Olivera Simic
Publisher : Routledge
Page : 285 pages
File Size : 43,8 Mb
Release : 2015-11-06
Category : Law
ISBN : 9781317529552

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Transitional Justice and Reconciliation by Martina Fischer,Olivera Simic Pdf

Scholars and practitioners alike agree that somehow the past needs to be addressed in order to enable individuals and collectives to rebuild trust and relationships. However, they also continue to struggle with critical questions. When is the right moment to address the legacies of the past after violent conflict? How can societies address the past without deepening the pain that arises from memories related to the violence and crimes committed in war? How can cultures of remembrance be established that would include and acknowledges the victims of all sides involved in violent conflict? How can various actors deal constructively with different interpretations of facts and history? Two decades after the wars, societies in Bosnia, Serbia and Croatia – albeit to different degrees – are still facing the legacies of the wars of the 1990s on a daily basis. Reconciliation between and within these societies remains a formidable challenge, given that all three countries are still facing unresolved disputes either at a cross-border level or amongst parallel societies that persist at a local community level. This book engages scholars and practitioners from the regions of former Yugoslavia, as well as international experts, to reflect on the achievements and obstacles that characterise efforts to deal with the past. Drawing variously on empirical studies, theoretical discussions, and practical experience, their contributions offer invaluable insights into the complex relationship between transitional justice and conflict transformation.

Author : Natasha Stamenkovikj
Publisher : BRILL
Page : 413 pages
File Size : 54,5 Mb
Release : 2021-11-29
Category : Law
ISBN : 9789004439474

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The Right to Know the Truth in Transitional Justice Processes by Natasha Stamenkovikj Pdf

Dr. Natasha Stamenkovikj offers a comprehensive account of the right to the truth as a right in international law and an element in delivering justice though European governance.

Author : Carsten Fiedler
Publisher : GRIN Verlag
Page : 49 pages
File Size : 49,5 Mb
Release : 2013-01-08
Category : Political Science
ISBN : 9783656347354

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Transitional Justice in Serbia: The Impact on Facing the Past by Carsten Fiedler Pdf

Master's Thesis from the year 2012 in the subject Politics - International Politics - Region: South East Europe, Balkans, grade: 1,6, University of Leipzig (Institut für Politikwissenschaft), language: English, abstract: In this thesis, I examine the effects of transitional justice and Europeanisation on the Republic of Serbia's policy of dealing with the past. The Republic of Serbia has shown – at different times - both refusal and assertion of Europeanisation. Refusal of Europeanisation did not contribute to an honest dealing with the past. While the assertion of Europeanisation accelerated compliance with the demands set out by the European Union, Serbia did comply mostly for reasons of strategy. That is, Serbia emphasized projects of dealing with the past mainly because they guarantee closer ties with the European Union. In this way, the European Union's capacity to shape the Serbian conception of history according to its identity is limited. Therefore, traditional Serbian narratives of its history will remain prevalent. Furthermore, I discuss the merits and shortcomings of the 'regional' approach to transitional justice at the example of the RECOM initiative and explain the political potential this project may have for the post-Yugoslav countries.

Author : Olivera Simić,Zala Volčič
Publisher : Springer Science & Business Media
Page : 251 pages
File Size : 48,7 Mb
Release : 2012-11-19
Category : Psychology
ISBN : 9781461454229

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Transitional Justice and Civil Society in the Balkans by Olivera Simić,Zala Volčič Pdf

Transitional Justice and Civil Society in the Balkans covers civil society engagements with transitional justice processes in the Balkans. The Balkans are a region marked by the post-communist and post-conflict transitional turmoil through which its countries are going through. This volume is intended to provide a comprehensive introduction to research in transitional justice in this part of the world, mostly written by local scholars. Transitional justice is ever-growing field which responds to dilemmas over how successor regimes should deal with past human rights abuses of their authoritarian predecessors. The editors and author emphasize the relatively unexplored and under-researched role of civil society groups and social movements, such as local women’s groups, the role of art and community media and other grass-roots transitional justice mechanisms and initiatives. Through specific case-studies, the unique contribution of this volume is not only that it covers a part of the world that is not adequately represented in transitional justice field, but also that the volume is the first project originally researched and written by experts and scholars from the region or in collaboration with international scholars.

Author : Jared O. Bell
Publisher : Vernon Press
Page : 158 pages
File Size : 51,8 Mb
Release : 2018-11-10
Category : Social Science
ISBN : 9781622732043

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Frozen Justice: Lessons from Bosnia and Herzegovina’s Failed Transitional Justice Strategy by Jared O. Bell Pdf

In May 1993 the United Nations Security Council founded the International Criminal Tribunal for the former Yugoslavia (ICTY). Based in the Hague, Netherlands, the ICTY was formed with the objective of prosecuting those who had committed war crimes, crimes against humanity and genocide in Bosnia and Herzegovina and elsewhere in the former Yugoslavia during the early to mid-90s. During its mandate (1993-2017), the tribunal heard many cases and tried numerous perpetrators, from those who carried out the killings to those who orchestrated and ordered them. In spite of its accomplishments, the ICTY is considered to be highly controversial. It is debated if the ICTY did enough to foster healing and reconciliation in many of the conflict-torn societies. Many scholars argue that the tribunal operated adequately within their mandate and sought to promote justice and reconciliation, however, those who lived through the brutal wars would argue that there has simply been no justice. Importantly, Bosnia and Herzegovina still remains a country divided by issues of post-conflict justice, among other things. In 2010 a government-led strategic plan emerged that was intended to deal with the unfinished “business” of justice and promote reconciliation throughout the country. However, it failed to do this, and there is currently no political will or momentum to revive it. But, was this strategy doomed to failure from the beginning? In the form of a quantitative study, this book examines the possibility of reconciliation being achieved in Bosnia and Herzegovina through the methods fostered by the strategy. Focusing on three major cities, Sarajevo, Mostar, and Banja Luka, Dr. Jared Bell surveyed nearly 500 people in order to shed light on the subject of the national transitional justice strategy and reconciliation from the perspective of the everyday populace.

Author : Mina Rauschenbach,Julia Viebach,Stephan Parmentier
Publisher : Routledge
Page : 288 pages
File Size : 55,6 Mb
Release : 2022-05-31
Category : Law
ISBN : 9781000575682

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Localising Memory in Transitional Justice by Mina Rauschenbach,Julia Viebach,Stephan Parmentier Pdf

This collection adds to the critical transitional justice scholarship that calls for “transitional justice from below” and that makes visible the complex and oftentimes troubled entanglements between justice endeavours, locality, and memory-making. Broadening this perspective, it explores informal memory practices across various contexts with a focus on their individual and collective dynamics and their intersections, reaching also beyond a conceptualisation of memory as mere symbolic reparation and politics of memory. It seeks to highlight the hidden, unwritten, and multifaceted in today’s memory boom by focusing on the memorialisation practices of communities, activists, families, and survivors. Organising its analytical focal point around the localisation of memory, it offers valuable and new insights on how and under what conditions localised memory practices may contribute to recognition and social transformation, as well as how they may at best be inclusive, or exclusive, of dynamic and diverse memories. Drawing on inter- and multi-disciplinary approaches, this book brings an in-depth and nuanced understanding of local memory practices and the dynamics attached to these in transitional justice contexts. It will be of much interest to students and scholars of memory and genocide studies, peace and conflict studies, transitional justice, sociology, and anthropology.

Author : Louis Aucoin,Eileen Babbitt
Publisher : Unknown
Page : 222 pages
File Size : 48,9 Mb
Release : 2006
Category : Law
ISBN : 8677280286

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Transitional Justice by Louis Aucoin,Eileen Babbitt Pdf

Author : Janine Natalya Clark
Publisher : Routledge
Page : 249 pages
File Size : 49,5 Mb
Release : 2014-06-20
Category : Law
ISBN : 9781317974758

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International Trials and Reconciliation by Janine Natalya Clark Pdf

Transitional justice is a burgeoning field of scholarly inquiry. Yet while the transitional justice literature is replete with claims about the benefits of criminal trials, too often these claims lack an empirical basis and hence remain unproven. While there has been much discussion about whether criminal trials can aid reconciliation, the extent to which they actually do so in practice remains under-explored. This book investigates the relationship between criminal trials and reconciliation, through a particular focus on the International Criminal Tribunal for the former Yugoslavia (ICTY). Using detailed empirical data – in the form of qualitative interviews and observations from five years of fieldwork – to assess and analyze the ICTY’s impact on reconciliation in Bosnia-Hercegovina, Croatia and Kosovo, International Trials and Reconciliation: Assessing the Impact of the International Criminal Tribunal for the former Yugoslavia argues that reconciliation is not a realistic aim for a criminal court. They are, Janine Clark argues, only one part of a rich tapestry of justice, which must also include non-retributive transitional justice processes and mechanisms. Challenging many of the common yet untested assumptions about the benefits of criminal trials, this innovative and extremely timely monograph will be invaluable for those with interests in the theory and practice of transitional justice.

Author : Paul R. Williams,Milena Sterio
Publisher : Edward Elgar Publishing
Page : 496 pages
File Size : 50,8 Mb
Release : 2020-08-28
Category : Law
ISBN : 9781788971645

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Research Handbook on Post-Conflict State Building by Paul R. Williams,Milena Sterio Pdf

As a conflict ends and the parties begin working towards a durable peace, practitioners and peacebuilders are faced with the thrilling possibilities and challenges of building new or reformed political, security, judicial, social, and economic structures. This Handbook analyzes these elements of post-conflict state building through the lens of international law, which provides a framework through which the authors contextualize and examine the many facets of state building in relation to the legal norms, processes, and procedures that guide such efforts across the globe. The volume aims to provide not only an introduction to and explanation of prominent topics in state building, but also a perceptive analysis that augments ongoing conversations among researchers, lawyers, and advocates engaged in the field.

Author : Aidan Hehir
Publisher : Routledge
Page : 224 pages
File Size : 43,7 Mb
Release : 2010-01-21
Category : History
ISBN : 9781135169213

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Kosovo, Intervention and Statebuilding by Aidan Hehir Pdf

This book examines international engagement with Kosovo since NATO’s intervention in 1999, and looks at the three distinct phases of Kosovo’s development; intervention, statebuilding and independence. Kosovo remains a case study of central importance in international relations, illustrative of key political trends in the post-Cold War era. During each phase, international policy towards Kosovo has challenged prevailing international norms and pushed the boundaries of conventional wisdom. In each of the three phases 'Kosovo' has been cited as constituting a precedent, and this book explores the impact and the often troubling consequences and implications of these precedents. This book explicitly engages with this debate, which transcends Kosovo itself, and provides a critical analysis of the catalysts and consequences of contemporary international engagement with this seminal case study. Each chapter focuses on a particular aspect of the international engagement with Kosovo and situates events there in an international context, highlighting the extent to which international policy towards Kosovo has challenged existing norms and practices. Kosovo has been cited in certain texts as a positive template to be emulated, but the contributors to this book also identify the often controversial and contentious nature of these new norms. This book will be of much interest to students of humanitarian intervention and statebuilding, war and conflict studies, security studies and IR in general. Aidan Hehir is a Senior Lecturer in International Relations at the Department of Politics and International Relations, University of Westminster.

Author : Sabine Michalowski
Publisher : Routledge
Page : 280 pages
File Size : 55,9 Mb
Release : 2014-06-23
Category : Business & Economics
ISBN : 9781317577492

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Corporate Accountability in the Context of Transitional Justice by Sabine Michalowski Pdf

Corporate Accountability in the Context of Transitional Justice explores how corporations can be held accountable for their role in past human rights violations when a country is making a transition from conflict or repression to peace and democracy. It breaks new ground in theorizing the linkages between the areas of transitional justice and corporate accountability and analyzing problems frequently arising where the two fields meet in practice, for example where the role of corporations in past human rights violations is examined by truth and reconciliation commissions or in the course of litigation. The book provides an overview of the current trends in law and in legal and political discussion relating to both areas, as well as in-depth analysis of how tools of corporate accountability and transitional justice can complement each other in order to achieve the best outcomes for bringing justice to victims and lasting peace to societies. The authors bring extensive experience from diverse professional backgrounds and jurisdictions to provide the first sustained attempt to address this link. The book will be of interest to scholars, practitioners, policymakers and activists working in the areas of transitional justice; corporate accountability; and business and human rights.

Author : Djeyhoun Ostowar
Publisher : Routledge
Page : 140 pages
File Size : 53,7 Mb
Release : 2020-11-22
Category : Political Science
ISBN : 9781000261523

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Transitional Justice in Peacebuilding by Djeyhoun Ostowar Pdf

This book explores the role of actors in determining transitional justice in peacebuilding contexts. In recent decades, transitional justice mechanisms and processes have been introduced to a variety of settings, becoming widely regarded as essential elements in the ‘peacebuilding toolbox’. While it has increasingly been suggested that transitional justice is imposed by neo-imperial actors with little regard for the needs and cultures of local populations, evidence suggests that dismissing these policies as neo-imperial or neo-liberal impositions would result in grossly overlooking their dynamics, which involve a whole range of relevant actors operating at multiple levels. This book interrogates this theme through empirical analysis of three sites of peacebuilding that have seen extensive international involvement: Kosovo, East Timor and Afghanistan. It proposes a novel framework for analysing and approaching transitional justice in peacebuilding that disaggregates three broad sets of actors operating at different levels in relevant processes: external actors (international and regional levels), transitional justice promoters (local, national, international and transnational levels), and transitional regimes (national and local levels). The book argues that transitional justice in peacebuilding must be conceived of as actor-contingent and malleable due to the significance of agency and (inter)actions of key categories of actors throughout peacebuilding transition. This book will be of interest to students and practitioners of transitional justice, peacebuilding, law, and International Relations.