Post Conflict Justice Issues And Approaches

Author : Anonim
Publisher : Unknown
Page : 99 pages
File Size : 51,9 Mb
Release : 2003
Category : Electronic
ISBN : OCLC:74253675

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Post Conflict Justice: Issues and Approaches by Anonim Pdf

In July 2002, the International Criminal Court (ICC) began operations as the primary international institution for the prosecution of war crimes, crimes against humanity and genocide or international crimes. During the 1990s, the United Nations Security Council authorized international war crimes tribunals for conflicts in the Balkans and in Rwanda. Despite the important developments that these institutions made in international criminal law, these courts have not contributed to the long-term capacity of post-conflict states to operate under the rule of law. In the late 1990s the United Nations started to use new types of hybrid tribunals designed to prosecute international crimes in post-conflict states that combined the power and expertise of the international community with the indigenous law and legal community. This thesis will use case studies to make a detailed evaluation of the institutions and the options facing the individual states and the international community when designing policies or authorizing a tribunal to try international crimes in a post-conflict environment.

Author : Carsten Stahn,Jens Iverson,Rafael Braga da Silva
Publisher : Oxford University Press
Page : 385 pages
File Size : 41,6 Mb
Release : 2020
Category : Law
ISBN : 9780198823285

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Just Peace After Conflict by Carsten Stahn,Jens Iverson,Rafael Braga da Silva Pdf

As contemporary studies have increasingly viewed just post bellum to the concept of peace, or the law of peace, so opinions concerning what a 'just peace' could look like have diverged. Is it merely an elusive ideal? Or is it predominantly procedural justice? Is it dependent on concessions and compromise? In this volume, the third output of a major research project on Jus Post Bellum, Carsten Stahn, Jens Iverson, and Jennifer Easterday bring together a team of experts to explore the issues surrounding a just peace, what it is composed of, and how it makes itself felt in the modern world, concluding that a just peace is not only related to form and

Author : Padraig McAuliffe
Publisher : Edward Elgar Publishing
Page : 368 pages
File Size : 50,6 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.

Author : Rita Shackel,Lucy Fiske
Publisher : Springer
Page : 394 pages
File Size : 42,5 Mb
Release : 2018-10-08
Category : Social Science
ISBN : 9783319778907

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Rethinking Transitional Gender Justice by Rita Shackel,Lucy Fiske Pdf

This book draws together established and emerging scholars from sociology, law, history, political science and education to examine the global and local issues in the pursuit of gender justice in post-conflict settings. This examination is especially important given the disappointing progress made to date in spite of concerted efforts over the last two decades. With contributions from both academics and practitioners working at national and international levels, this work integrates theory and practice, examining both global problems and highly contextual case studies including Kenya, Somalia, Peru, Afghanistan and DRC. The contributors aim to provide a comprehensive and compelling argument for the need to fundamentally rethink global approaches to gender justice.

Author : Natalia Szablewska,Sascha-Dominik Bachmann
Publisher : Springer
Page : 380 pages
File Size : 43,7 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.

Author : M. Cherif Bassiouni,Daniel Rothenberg
Publisher : Unknown
Page : 95 pages
File Size : 47,8 Mb
Release : 2008
Category : Criminal justice, Administration of
ISBN : 1889001155

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The Chicago Principles on Post-conflict Justice by M. Cherif Bassiouni,Daniel Rothenberg Pdf

Author : Giada Girelli
Publisher : Springer
Page : 335 pages
File Size : 45,9 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?

Author : Mark Kersten
Publisher : Oxford University Press
Page : 273 pages
File Size : 44,6 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 : M. Cherif Bassiouni
Publisher : Brill Nijhoff
Page : 0 pages
File Size : 49,9 Mb
Release : 2002
Category : Criminal justice, Administration of
ISBN : 1571051538

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Post-conflict Justice by M. Cherif Bassiouni Pdf

Thirty scholars and experts discuss and provide wide-ranging views on a variety of accountability measures: the establishment of ad hoc criminal tribunals for the Former Yugoslavia and Rwanda; truth commissions in South Africa and El Salvador; and lustration laws for the former Czechoslovakia and Germany after its reunification. Also discussed are amnesty for previous crimes and accountability, post-conflict justice involving issues pertaining to the restoration of law and order, and the rebuilding of failed national justice systems. In addition, the book also contains an important set of guidelines designed to achieve accountability and eliminate impunity. The guidelines with commentaries have been prepared by a distinguished group of experts, many of whom have also contributed articles to this volume. Published under the Transnational Publishers imprint.

Author : Matthew Saul,James A. Sweeney
Publisher : Routledge
Page : 322 pages
File Size : 42,9 Mb
Release : 2015-05-15
Category : Law
ISBN : 9781317669913

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International Law and Post-Conflict Reconstruction Policy by Matthew Saul,James A. Sweeney Pdf

The trend for international engagement in post-conflict reconstruction has produced a host of best-practice postulates on topics such as local involvement in decision-making, accountability for past atrocities, sensitivity to context, and the construction of democratic institutions of governance. International law has potential relevance for many of these themes, yet the question of how the implementation of best-practice policy recommendations might be affected by international law remains under-examined. This book offers a fuller understanding of the role of international law in the practice of post-conflict reconstruction. It explores how international legal issues that arise in the post-conflict period relate to a number of strands of the policy debate, including government creation, constitution-making, gender policy, provision of security, justice for past atrocities, rule of law development, economic recovery, returning displaced persons, and responsibilities of international actors. The chapters of the book work to reveal the extent to which international law figures in the policy of internationally enabled post-conflict reconstruction across a range of sectors. They also highlight the scope for international law to be harnessed in a more effective manner from the perspective of the transition to peace and stability. The book lays out a basis for future policy making on post-conflict reconstruction; one that is informed about the international legal parameters, and more aware of how international law can be utilized to promote key objectives.

Author : Anonim
Publisher : World Bank Publications
Page : 25 pages
File Size : 48,5 Mb
Release : 2007
Category : Electronic
ISBN : 8210379456XXX

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Post-conflict justice and sustainable peace by Anonim Pdf

Author : Martina Fischer,Olivera Simic
Publisher : Routledge
Page : 272 pages
File Size : 40,8 Mb
Release : 2015-11-06
Category : Law
ISBN : 9781317529569

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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 : Chip Gagnon,Keith Brown
Publisher : Routledge
Page : 249 pages
File Size : 41,5 Mb
Release : 2014-07-11
Category : Political Science
ISBN : 9781317801740

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Post-Conflict Studies by Chip Gagnon,Keith Brown Pdf

This book examines how the violence of conflict is transformed in the post-conflict period. Post-conflict studies seek to illuminate, theorise, and narrate the processes by which societies transition from periods of overt and violent conflict to periods of relative stability and peace. Most of the research carried out on post-conflict societies has taken place within disciplinary bounds. In contrast, this volume breaches those boundaries; though each author is grounded in a particular discipline, the chapters have been written in a spirit of interdisciplinarity. The focus of the volume is how the violence of conflict is transformed in the post-conflict period into processes that the editors have categorised as criminalisation, medicalisation and missionisation. Comprised of essays written by a diverse group of scholars and activists from anthropology, political science, international relations, law, education, religion, and military history, each section of the book looks at the concept of post-conflict in a way that problematises its common usage and highlights the importance of strongly interdisciplinary research into post-conflict societies. This book will be of interest to students of war and conflict studies, peace studies, security studies and IR in general.

Author : Elin Skaar,Camila Gianella Malca,Trine Eide
Publisher : Routledge
Page : 218 pages
File Size : 44,8 Mb
Release : 2015-04-17
Category : Law
ISBN : 9781317696919

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After Violence by Elin Skaar,Camila Gianella Malca,Trine Eide Pdf

After Violence: Transitional Justice, Peace, and Democracy examines the effects of transitional justice on the development of peace and democracy. Anticipated contributions of transitional justice mechanisms are commonly stated in universal terms, with little regard for historically specific contexts. Yet a truth commission, for example, will not have the same function in a society torn by long-term civil war or genocide as in a society emerging from authoritarian repression. Addressing trials, reparations, truth commissions, and amnesties, the book systematically addresses the experiences of four very different contemporary transitional justice cases: post-authoritarian Uruguay and Peru and post-conflict Rwanda and Angola. Its analysis demonstrates that context is a crucial determinant of the impact of transitional justice processes, and identifies specific contextual obstacles and limitations to these processes. The book will be of much interest to scholars in the fields of transitional justice and peacebuilding, as well as students generally concerned with human rights and democratisation.

Author : K. Fisher
Publisher : Springer
Page : 886 pages
File Size : 47,5 Mb
Release : 2013-10-10
Category : Political Science
ISBN : 9781137030504

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Transitional Justice for Child Soldiers by K. Fisher Pdf

This book examines and offers suggestions for how post-conflict practices should conceptualize and address harms committed by child soldiers for successful social reconstruction in the aftermath of mass atrocity. It defends the use of accountability and considers the agency of youth participants in violent conflict as responsible moral entities.