Resistance And Transitional Justice

Author : Briony Jones,Julie Bernath
Publisher : Routledge
Page : 289 pages
File Size : 49,7 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.

Author : Catherine Turner
Publisher : Routledge
Page : 206 pages
File Size : 49,6 Mb
Release : 2016-07-07
Category : Law
ISBN : 9781317441403

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Violence, Law and the Impossibility of Transitional Justice by Catherine Turner Pdf

The field of transitional justice has expanded rapidly since the term first emerged in the late 1990s. Its intellectual development has, however, tended to follow practice rather than drive it. Addressing this gap, Violence, Law and the Impossibility of Transitional Justice pursues a comprehensive theoretical inquiry into the foundation and evolution of transitional justice. Presenting a detailed deconstruction of the role of law in transition, the book explores the reasons for resistance to transitional justice. It explores the ways in which law itself is complicit in perpetuating conflict, and asks whether a narrow vision of transitional justice – underpinned by a strictly normative or doctrinal concept of law – can undermine the promise of justice. Drawing on case material, as well as on perspectives from a range of disciplines, including law, political science, anthropology and philosophy, this book will be of considerable interest to those concerned with the theory and practice of transitional justice.

Author : Briony Jones,Julie Bernath,Sandra Rubli,Swisspeace
Publisher : Unknown
Page : 25 pages
File Size : 47,9 Mb
Release : 2013
Category : Electronic
ISBN : 3908230888

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Reflections on a Research Agenda for Exploring Resistance to Transitional Justice by Briony Jones,Julie Bernath,Sandra Rubli,Swisspeace Pdf

Author : K. Ainley,R. Friedman,C. Mahony
Publisher : Springer
Page : 293 pages
File Size : 47,5 Mb
Release : 2016-02-16
Category : Political Science
ISBN : 9781137468222

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Evaluating Transitional Justice by K. Ainley,R. Friedman,C. Mahony Pdf

This major study examines the successes and failures of the full transitional justice programme in Sierra Leone. It sets out the implications of the Sierra Leonean experience for other post-conflict situations and for the broader project of evaluating transitional justice.

Author : Yvette Selim
Publisher : Routledge
Page : 236 pages
File Size : 47,6 Mb
Release : 2018-06-27
Category : Social Science
ISBN : 9781351692199

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Transitional Justice in Nepal by Yvette Selim Pdf

The conflict in Nepal (1996 – 2006) resulted in an estimated 15,000 deaths, 1,300 disappearances, along with other serious human rights and humanitarian law violations. Demands for peace, democracy, accountability and development, have abounded in the post-conflict context. Although the conflict catalysed major changes in the social and political landscape in Nepal, the transitional justice (TJ) process has remained deeply contentious and fragmented. This book provides an in-depth analysis of transitional justice process in Nepal. Drawing on interviews with a diverse range of stakeholders, including victims, ex-combatants, community members, human rights advocates, journalists and representatives from diplomatic missions, international organisations and the donor community, it reveals the differing viewpoints, knowledge, attitudes and preferences about TJ and other post-conflict issues in Nepal. The author develops an actor typology and an action spectrum, which can be used in Nepal and other post-conflict contexts. The actor typology identifies four main groups of TJ actors—experts, brokers, implementers and victims—and highlights who is making claims and on behalf of whom. The action spectrum, based on contentious politics literature and resistance literature, demonstrates the strategies actors use to shape the TJ process. This book argues that the potential of TJ lies in these dynamics of contention. It is by letting these dynamics play out that different conceptualisations of TJ can arise. While doing so may lead to practical challenges and produce situations that are normatively undesirable for some actors, particularly when certain political parties and national actors seem to ‘hijack’ TJ, remaining steadfast to the dominant TJ paradigm is also undesirable. As the first book to provide a single case study on TJ in Nepal, it makes theoretical and empirical contributions to: TJ research in Nepal and the Asia-Pacific more broadly, the politics versus justice binary and the concept of victimhood, among others. It will be of interest to a wide range of scholars in the study of transitional justice, peace and conflict studies, human rights, sociology, political science, criminology, law, anthropology and South Asian Studies, as well as policy-makers and NGOs.

Author : Joseph Otieno Wasonga
Publisher : Routledge
Page : 251 pages
File Size : 46,5 Mb
Release : 2019-06-12
Category : Political Science
ISBN : 9780429662782

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The International Criminal Court and the Lord’s Resistance Army by Joseph Otieno Wasonga Pdf

This book interrogates the sharp contrast that emerged between demands of the norms of international rule of law and the interests of conflict resolution at a local level in northern Uganda. Examining how the nature and character of complex conflict situations like that of northern Uganda confounds the application of transitional justice mechanisms, The International Criminal Court and the Lord’s Resistance Army reveals the enduring dilemmas of transitional justice. Scrutinising the competing interests of punitive approaches to contemporary transitional justice and the political considerations for peace that may entail entering into dialogue with criminals, this book approaches such concepts from the perspective of international standards and the standpoint of the victims. While exploring the complexities of transitional justice processes, the book interrogates prevailing assumptions, proposing a broader conception that places at the centre local structural conditions associated with a conflict. The International Criminal Court and the Lord’s Resistance Army will be of interest to scholars and students of international law, African politics and conflict studies.

Author : Mark Freeman,Iván Orozco
Publisher : Cambridge University Press
Page : 267 pages
File Size : 46,6 Mb
Release : 2020-01-16
Category : History
ISBN : 9781107187566

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Negotiating Transitional Justice by Mark Freeman,Iván Orozco Pdf

An original theory and set of essays on negotiating transitional justice, drawing on the authors' first-hand experience of Colombia's peace talks.

Author : Janine Natalya Clark,Michael Ungar
Publisher : Cambridge University Press
Page : 309 pages
File Size : 49,8 Mb
Release : 2021-10-07
Category : Law
ISBN : 9781108843621

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Resilience, Adaptive Peacebuilding and Transitional Justice by Janine Natalya Clark,Michael Ungar Pdf

Explores innovative ways to build peace after large-scale violence by combining resilience, adaptive peacebuilding and transitional justice.

Author : Pauline Stoltz
Publisher : Springer Nature
Page : 215 pages
File Size : 49,6 Mb
Release : 2020-03-11
Category : Political Science
ISBN : 9783030410957

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Gender, Resistance and Transnational Memories of Violent Conflicts by Pauline Stoltz Pdf

This book investigates the importance of gender and resistance to silences and denials concerning human rights abuses and historical injustices in narratives on transnational memories of three violent conflicts in Indonesia. Transnational memories of violent conflicts travel abroad with politicians, postcolonial migrants and refugees. Starting with the Japanese occupation of Indonesia (1942–1945), the war of independence (1945–1949) and the genocide of 1965, the volume analyses narratives in Dutch and Indonesian novels in relation to social and political narratives (1942–2015). By focusing on gender and resistance from both Indonesian and Dutch, transnational and global perspectives, the author provides new perspectives on memories of the conflicts that are relevant to research on transitional justice and memory politics.

Author : Roger D. Petersen
Publisher : Cambridge University Press
Page : 339 pages
File Size : 44,7 Mb
Release : 2001-05-07
Category : Political Science
ISBN : 9781139428163

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Resistance and Rebellion by Roger D. Petersen Pdf

Resistance and Rebellion: Lessons from Eastern Europe explains how ordinary people become involved in resistance and rebellion against powerful regimes. The book shows how a sequence of casual forces - social norms, focal points, rational calculation - operate to drive individuals into roles of passive resistance and, at a second stage, into participation in community-based rebellion organization. By linking the operation of these mechanisms to observable social structures, the work generates predictions about which types of community and society are most likely to form and sustain resistance and rebellion. The empirical material centres around Lithuanian anti-Soviet resistance in both the 1940s and the 1987–91 period. Using the Lithuanian experience as a baseline, comparisons with several other Eastern European countries demonstrate the breadth and depth of the theory. The book contributes to both the general literature on political violence and protest, as well as the theoretical literature on collective action.

Author : Guy Elcheroth,Neloufer de Mel
Publisher : Routledge
Page : 256 pages
File Size : 47,6 Mb
Release : 2021-11-05
Category : Political Science
ISBN : 9781000475623

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In the Shadow of Transitional Justice by Guy Elcheroth,Neloufer de Mel Pdf

This volume bridges two different research fields and the current debates within them. On the one hand, the transitional justice literature has been shaken by powerful calls to make the doctrine and practice of justice more transformative. On the other hand, collective memory studies now tend to look more closely at meaningful silences to make sense of what nations leave out when they remember their pasts. The book extends the scope of this heuristic approach to the different mechanisms that come under the umbrella of transitional justice, including legal prosecution, truth-seeking and reparations, alongside memorialisation. The 15 chapters included in the volume, written by expert scholars from diverse disciplinary and societal backgrounds, explore a range of practices intended to deal with the past, and how making the invisible visible again can make transitional justice - or indeed, any societal engagement with the past - more transformative. Seeking to combine contextual depth and comparative width, the book features two key case analyses - South Africa and Sri Lanka - alongside discussions of multiple cases, including such emblematic sites as Rwanda and Argentina, but also sites better known for resisting than for embracing international norms of transitional justice, such as Turkey or Côte d’Ivoire. The different contributions, grouped in themed sections, progressively explore the issues, actors and resources that are typically forgotten when societies celebrate their pasts rather than mourning their losses and, in doing so, open new possibilities to build more inclusive processes for addressing the present consequences of past injustice.

Author : Briony Jones
Publisher : Edward Elgar Publishing
Page : 185 pages
File Size : 54,8 Mb
Release : 2023-03-02
Category : Political Science
ISBN : 9781803925127

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The Transitional Justice Citizen by Briony Jones Pdf

Building a thorough and comprehensive understanding of the limits of transitional justice theory in historically understudied regions, this innovative book proposes a new concept of the transitional justice citizen as both an active seeker and receiver of justice. Briony Jones addresses contemporary criticism of transitional justice theory and practice in order to improve our understanding of the agency of people at times of transition.

Author : Jasmina Brankovic,Hugo van der Merwe
Publisher : Springer
Page : 231 pages
File Size : 46,9 Mb
Release : 2018-01-30
Category : Political Science
ISBN : 9783319704173

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Advocating Transitional Justice in Africa by Jasmina Brankovic,Hugo van der Merwe Pdf

This edited volume examines the role of local civil society in shaping understandings and processes of transitional justice in Africa – a nursery of transitional justice ideas for well over two decades. It brings together practitioners and scholars with intimate knowledge of these processes to evaluate the agendas and strategies of local civil society, and offers an opportunity to reflect on ‘lessons learnt’ along the way. The contributors focus on the evolution and effectiveness of transitional justice interventions, providing a glimpse into the motivations and inner workings of major civil society actors. The book presents an African perspective on transitional justice through a compilation of country-specific and thematic analyses of agenda setting and lobbying efforts. It offers insights into state–civil society relations on the continent, which shape these agendas. The chapters present case studies from Southern, Central, East, West and North Africa, and a range of moments and types of transition. In addition to historical perspective, the chapters provide fresh and up-to- date analyses of ongoing transitional justice efforts that are key to defining the future of how the field is understood globally, in theory and in practice Endorsements: "This great volume of written work – Advocating Transitional Justice in Africa: The Role of Civil Society – does what virtually no other labor of the intellect has done heretofore. Authored by movement activists and thinkers in the fields of human rights and transitional justice, the volume wrestles with the complex place and roles of transitional justice in the project of societal reconstruction in Africa. ... This volume will serve as a timely and thought-provoking guide for activists, thinkers, and policy makers – as well as students of transitional justice – interested in the tension between the universal and the particular in the arduous struggle for liberation. Often, civil society actors in Africa have been accused of consuming the ideas of others, but not producing enough, if any, of their own. This volume makes clear the spuriousness of this claim and firmly plants an African flag in the field of ideas." Makau Mutua

Author : American Society for Political and Legal Philosophy. Meeting
Publisher : NYU Press
Page : 382 pages
File Size : 54,9 Mb
Release : 2012-05-28
Category : Law
ISBN : 9780814794661

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Transitional Justice by American Society for Political and Legal Philosophy. Meeting Pdf

"This volume ... arose out of the papers and commentaries presented at the annual meeting of the American Society for Legal and Political Philosophy in conjunction with the American Political Science Association meetings in Washington, D.C., in September 2005"--Preface.

Author : Julie Bernath
Publisher : University of Wisconsin Pres
Page : 288 pages
File Size : 48,7 Mb
Release : 2023
Category : Justice, Administration of
ISBN : 9780299343606

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The Khmer Rouge Tribunal by Julie Bernath Pdf

"From 1975 to 1979, while Cambodia was ruled by the brutal Communist Party of Kampuchea (Khmer Rouge) regime, torture, starvation, rape, and forced labor contributed to the death of at least a fifth of the country's population. Despite the severity of these abuses, civil war and international interference prevented investigation until 2004, when protracted negotiations between the Cambodian government and the United Nations resulted in the establishment of the Extraordinary Chambers in the Courts of Cambodia (ECCC), or Khmer Rouge tribunal. The resulting trials have been well scrutinized, with many scholars seeking to weigh the results of the tribunal against the extent of the offenses. Here, Bernath instead deliberately decenters the trials in an effort to understand the ECCC in its particular context-and the degree to which notions of transitional justice generally must be understood in particular social, cultural, and political contexts. She focuses on "sites of resistance" to the ECCC, including not only members of the elite political class but also citizens who do not, for a variety of tangled reasons, participate in the tribunal-and even resistance from victims of the regime and participants in the trials. Bernath demonstrates that the ECCC both shapes and is shaped by long-term contestation over Cambodia's social, economic, and political transformations, and thereby argues that transitional justice must be understood locally rather than as a homogenous good that can be implanted by international actors"--