Postcolonial Transitional Justice

Author : Khanyisela Moyo
Publisher : Routledge
Page : 283 pages
File Size : 52,7 Mb
Release : 2019-05-31
Category : Law
ISBN : 9781351048187

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Postcolonial Transitional Justice by Khanyisela Moyo Pdf

Transitional justice processes are now considered to be crucial steps in facilitating the move from conflict or repression to a secure democratic future. This book contributes to a deeper understanding of transitional justice by examining the complexities of transition in postcolonial societies. It focuses particularly on Zimbabwe but draws on relevant comparative material from other postcolonial polities. Examples include but are not limited to African countries such as South Africa, Rwanda and Mozambique. European societies such as Northern Ireland, as well as other nations such as Guatemala, are also considered. While amplifying the breadth of the subject of transitional justice, the book addresses the claim that transitional justice mechanisms in postcolonial countries are necessary if the rule of law and the credibility of the country’s legal institutions are to be restored. Drawing on postcolonial legal theory, and especially on analyses of the relationship between international law and imperialism, the book challenges the assumption that a domestic rule of law ‘deficit’ may be remedied with recourse to international law. Taking up the paradigmatic perception that international law is neutral and has fixed rules, it demonstrates how complex issues which arise during postcolonial transitions require a more critical adoption of transitional justice mechanisms.

Author : Krushil Watene,Eric Palmer
Publisher : Routledge
Page : 245 pages
File Size : 49,6 Mb
Release : 2020-05-21
Category : Political Science
ISBN : 9781000061277

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Reconciliation, Transitional and Indigenous Justice by Krushil Watene,Eric Palmer Pdf

Reconciliation, Transitional and Indigenous Justice presents fifteen reflections upon justice twenty years after the Truth and Reconciliation Commission of South Africa introduced a new paradigm for political reconciliation in settler and post-colonial societies. The volume considers processes of political reconciliation, appraising the results of South Africa's Commission, of the recently concluded Truth and Reconciliation Commission of Canada and of the on-going process of the Waitangi Tribunal of Aotearoa New Zealand. Contributors discuss the separate politics of Indigenous resurgence, linguistic justice, environmental justice and law. Further contributors present a theoretical symposium focused on The Conceptual Foundations of Transitional Justice, authored by Colleen Murphy, who provides a response to their comments. Indigenous and non-Indigenous voices from four regions of the world are represented in this critical assessment of the prospects for political reconciliation, for transitional justice and for alternative, nascent conceptions of just politics. Radically challenging assumptions concerning sovereignty and just process in the current context of settler-colonial states, Reconciliation, Transitional and Indigenous Justice will be of great interest to scholars of Ethics, Indigenous Studies, Transitional Justice and International Relations more broadly. With the addition of one chapter from The Round Table, the chapters in this book were originally published as a special issue in the Journal of Global Ethics.

Author : Marongwe, Ngonidzashe,Thomas Duri, Peter Fideli
Publisher : Langaa RPCIG
Page : 366 pages
File Size : 47,9 Mb
Release : 2019-02-06
Category : Political Science
ISBN : 9789956550425

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Violence, Peace and Everyday Modes of Justice and Healing in Post-Colonial Africa by Marongwe, Ngonidzashe,Thomas Duri, Peter Fideli Pdf

Violence in its various proportions, genres and manifestations has had an enduring historical legacy the world over. However, works speaking to approaches aimed at mitigating violence characteristic of Africa are very limited. As some scholars have noted, Africans have experienced cycles of violence since the pre-colonial epoch, such that overt violence has become banalised on the African continent. This has had the effect of generating complex results, legacies and perennial emotional wounds that call for healing, reconciliation, justice and positive peace. Yet, in the absence of systematic and critical approaches to the study of violence on the continent, discourses on violence would hardly challenge the global matrices of violence that threaten peace and development in Africa. This volume is a contribution in the direction of such urgently needed systematic and critical approaches. It interrogates, from different angles and with inspiration from a multidisciplinary perspective, the contentious production and resilience of violence in Africa. It calls for a paradigm shift – an alternative approach that forges and merges African customary dispute resolution and Western systems of dispute resolution – towards a framework of positive peace, holistic restoration, sustainable development and equity. The book is a welcome contribution to students and practitioners in security studies, African studies, development studies, global studies, policy studies, and political science.

Author : Alexander Laban Hinton
Publisher : Rutgers University Press
Page : 284 pages
File Size : 47,6 Mb
Release : 2011
Category : Law
ISBN : 9780813550688

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Transitional Justice by Alexander Laban Hinton Pdf

"The origins of this project date back to a 2007 symposium, 'Local justice : global mechanisms and local meanings in the aftermath of mass atrocity, ' held at Rutgers University--Newark [N.J.] ... Several participants later presented papers in a session at the July 2007 meeting of the International Association of Genocide Scholars, which was held in Bosnia and Herzegovina."--Acknowledgments.

Author : Mohamed Sesay
Publisher : Rowman & Littlefield
Page : 227 pages
File Size : 45,5 Mb
Release : 2021-01-29
Category : Political Science
ISBN : 9781538146323

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Domination Through Law by Mohamed Sesay Pdf

Winner of the 2021 Lee Ann Fujii Book Award, International Studies Association The positive effects of rule of law norms and institutions are often assumed in the fields of global governance and international development, with empirical work focusing more on the challenges of using law to engineer social change abroad. Questioning this assumption, the book contends that purportedly “good” rule of law standards do not always deliver benign benefits but rather often have negative consequences that harm the very local constituents which rule of law promoters promise to help. In particular, the book argues that rule of law promotion in post-colonial societies reinforces socioeconomic and political inequality which disproportionately favors dominant actors who have the wealth, education, and influence to navigate the state legal system. In addition to an historical account of legal development in settler-colonial environments, this argument is also drawn from a comparative study which focuses on the UK-supported justice sector development programs in Sierra Leone and the US-funded rule of law projects in Liberia.

Author : Farzana Haniffa
Publisher : Unknown
Page : 102 pages
File Size : 48,6 Mb
Release : 2006
Category : Human rights
ISBN : 9559979604

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In the Pursuit of Democracy in Post-colonial Sri Lanka by Farzana Haniffa Pdf

Author : Sandra Ponzanesi
Publisher : Unknown
Page : 0 pages
File Size : 52,9 Mb
Release : 2014
Category : Political Science
ISBN : 0203584643

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Gender, Globalization, and Violence by Sandra Ponzanesi Pdf

This wide-ranging collection of essays elaborates on some of the most pressing issues in contemporary postcolonial society in their transition from conflict and contestation to dialogue and resolution. It explores from new angles questions of violent conflict, forced migration, trafficking and deportation, human rights, citizenship, transitional justice and cosmopolitanism. The volume focuses more specifically on the gendering of violence from a postcolonial perspective as it analyses unique cases that disrupt traditional visions of violence by including the history of empire and colony, and its legacies that continue to influence present-day configurations of gender, race, nationality, class and sexuality. Part One maps out the gendered and racialized contours of conflict zones, from war zones, prisons and refugee camps to peacekeeping missions and humanitarian aid, reframing the field and establishing connections between colonial legacies and postcolonial dynamics. Part Two explores how these conflict zones are played out not just outside but also within Europe, demonstrating that multicultural Europe is fraught with different legacies of violence and postcolonial melancholia. Part Three gives an idea of the kind of future that can be offered to post-conflict societies, defined as contact zones, by exploring opportunities for dialogue, restoration and reconciliation that can be envisaged from a gendered and postcolonial perspective through alternative feminist practices and the work of art and their redemptive power in mobilizing social change or increasing national healing processes. Though strongly anchored in postcolonial critique, the chapters draw from a range of traditions and expertise, including conflict studies, gender theory, visual studies, (new) media theory, sociology, race theory, international security studies and religion studies.

Author : Jennifer Balint,Julie Evans,Nesam McMillan,Mark McMillan
Publisher : University of Michigan Press
Page : 219 pages
File Size : 45,6 Mb
Release : 2020-02-17
Category : Political Science
ISBN : 9780472131686

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Keeping Hold of Justice by Jennifer Balint,Julie Evans,Nesam McMillan,Mark McMillan Pdf

Keeping Hold of Justice focuses on a select range of encounters between law and colonialism from the early nineteenth century to the present. It emphasizes the nature of colonialism as a distinctively structural injustice, one which becomes entrenched in the social, political, legal, and discursive structures of societies and thereby continues to affect people’s lives in the present. It charts, in particular, the role of law in both enabling and sustaining colonial injustice and in recognizing and redressing it. In so doing, the book seeks to demonstrate the possibilities for structural justice that still exist despite the enduring legacies and harms of colonialism. It puts forward that these possibilities can be found through collaborative methodologies and practices, such as those informing this book, that actively bring together different disciplines, peoples, temporalities, laws and ways of knowing. They reveal law not only as a source of colonial harm but also as a potential means of keeping hold of justice.

Author : Benedikt Jager,Steffi Hobuß
Publisher : transcript Verlag
Page : 261 pages
File Size : 42,9 Mb
Release : 2017-10-31
Category : Social Science
ISBN : 9783839434796

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(Post)Colonial Histories - Trauma, Memory and Reconciliation in the Context of the Angolan Civil War by Benedikt Jager,Steffi Hobuß Pdf

The documentary My heart of Darkness (Sweden 2011) tells the story of a South-African paratrooper returning to Angola: Facing former enemies, he tries to regain mental health and reconciliation. The film marks the stepping-stone for this volume: The contributions examine different facets like the memory-discourse, genre aspects, the use of music, and authentification processes. Several texts discuss these topics in a more general way including other films. Furthermore, some articles are devoted to the historical context, i.e. the Angolan Civil War and the aftermath of this conflict in the cultural sphere.

Author : Cheryl Lawther,Luke Moffett
Publisher : Edward Elgar Publishing
Page : 547 pages
File Size : 41,6 Mb
Release : 2023-08-14
Category : Law
ISBN : 9781802202519

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Research Handbook on Transitional Justice by Cheryl Lawther,Luke Moffett Pdf

Providing a refreshing take on transitional justice, this second edition Research Handbook brings together an expanse of scholarly expertise to reconsider how societies deal with gross human rights violations, structural injustices and mass violence. Contextualised by historical developments, it covers a diverse range of concepts, actors and mechanisms of transitional justice, while shedding light on new and emerging areas in the field.

Author : Julie McGonegal
Publisher : McGill-Queen's Press - MQUP
Page : 248 pages
File Size : 46,8 Mb
Release : 2009
Category : Literary Criticism
ISBN : 9780773576322

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Imagining Justice by Julie McGonegal Pdf

Discourses of forgiveness and reconciliation have emerged as powerful scripts for interracial negotiations in states struggling with the legacies of colonialism. While such discourses can obscure or even perpetuate existing power relations, they can also encourage remembrance, reformulate notions of justice, and ultimately bring about social transformation.

Author : Stef Vandeginste
Publisher : Unknown
Page : 452 pages
File Size : 52,6 Mb
Release : 2010
Category : Human rights
ISBN : 1839700769

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Stones Left Unturned by Stef Vandeginste Pdf

Stones Left Unturned looks at the post-colonial history of Burundi through transitional justice lenses. It describes how repeated cycles of politico-ethnic violence as well as the so-called 'remedial' action undertaken in their aftermath have been inspired by the desire to maintain or obtain political power. Throughout Burundi's negotiated transition from conflict to peace, dealing with the past has been a constant matter of attention. The book zooms in on the gap between the rhetorical commitment by domestic and international actors to establish a truth and reconciliation commission and a special tribunal and the little achievements made so far. The historical account of transitional justice in Burundi is indicative of a fundamental evolution in the conception of law and how it relates to the exercise of political authority. It reveals a growing awareness that neither the process nor the outcome of transitional justice should solely be left to the discretion of the incumbent regime, but that international and constitutional norms impose substantive and procedural barriers.

Author : Catherine Lu
Publisher : Cambridge University Press
Page : 337 pages
File Size : 53,7 Mb
Release : 2017-11-16
Category : Law
ISBN : 9781108420112

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Justice and Reconciliation in World Politics by Catherine Lu Pdf

This book examines how justice and reconciliation in world politics should be conceived in response to the injustice and alienation of modern colonialism?

Author : Hakeem O. Yusuf
Publisher : Routledge
Page : 245 pages
File Size : 40,8 Mb
Release : 2013-12-17
Category : Law
ISBN : 9781135081560

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Colonial and Post-colonial Constitutionalism in the Commonwealth by Hakeem O. Yusuf Pdf

The peace, order and good government (POGG) clause is found in the constitutions of almost all Commonwealth countries. Since its introduction, the clause has played a significant role in colonial and post-colonial constitutionalism in Commonwealth jurisdictions. This book is the first full length analysis of the various dimensions of the peace, order and good government clause. It argues that the origins of the POGG clause mark it out as an anachronistic feature of British constitutionalism when seen against a modern setting of human rights, liberty and democratisation. The book traces the history, politics and applications of the clause through the colonial period in Commonwealth territories to date. It provides critical evaluation of the POGG clause in a cross-continental enquiry, examining statutory, political and constitutional deployment in Australia, Canada, India, Nigeria, South Africa and the United Kingdom. The evaluation demonstrates that the POGG clause has relevance in a number of significant aspects of legal and socio-political ordering across the Commonwealth featuring prominently in the federalism question, emergency powers and the review of administrative powers. It maintains that while the clause is not entirely devoid of positive value, the POGG clause has been used not only to further the objects of colonialism, but also authoritarianism and apartheid. This book calls for a rethink of the prevailing subjective approach to the interpretation of the clause. The book will be of interest to students and academics of public law, human rights law, and comparative politics.

Author : S. Buckley-Zistel,R. Stanley
Publisher : Springer
Page : 293 pages
File Size : 49,6 Mb
Release : 2011-11-30
Category : Political Science
ISBN : 9780230348615

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Gender in Transitional Justice by S. Buckley-Zistel,R. Stanley Pdf

Based on original empirical research, this book explores retributive and gender justice, the potentials and limits of agency, and the correlation of transitional justice and social change through case studies of current dynamics in post-violence countries such Rwanda, South Africa, Cambodia, East Timor, Columbia, Chile and Germany.