The Justice Cascade How Human Rights Prosecutions Are Changing World Politics The Norton Series In World Politics
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The Justice Cascade: How Human Rights Prosecutions Are Changing World Politics (The Norton Series in World Politics) by Kathryn Sikkink Pdf
Acclaimed scholar Kathryn Sikkink examines the important and controversial new trend of holding political leaders criminally accountable for human rights violations. Grawemeyer Award winner Kathryn Sikkink offers a landmark argument for human rights prosecutions as a powerful political tool. She shows how, in just three decades, state leaders in Latin America, Europe, and Africa have lost their immunity from any accountability for their human rights violations, becoming the subjects of highly publicized trials resulting in severe consequences. This shift is affecting the behavior of political leaders worldwide and may change the face of global politics as we know it. Drawing on extensive research and illuminating personal experience, Sikkink reveals how the stunning emergence of human rights prosecutions has come about; what effect it has had on democracy, conflict, and repression; and what it means for leaders and citizens everywhere, from Uruguay to the United States. The Justice Cascade is a vital read for anyone interested in the future of world politics and human rights.
Human Rights Culture in Indonesia by Maksimus Regus Pdf
Drawing on human rights discourse and a study of the difficulties faced by religious minority groups (using the Ahmadiyya minority group as a case study), this book presents three interconnected challenges to human rights culture in Indonesia. First, it presents a normative challenge, describing the gap between philosophical and normative principles of human rights on one side and the overall problems and critical issues of human rights at national and local levels on the other. Second, it considers the political problems in developing and strengthening human rights culture. The political challenge addresses the ability (or inability) of the state to guarantee the rights of certain individuals and minority groups. Third, it examines the sociological challenge of majority-minority group relationships in human rights discourse and practices. This book describes the background of human rights in Indonesia and reviews the previous literature on the issue. It also presents a comprehensive review of the discourses about human rights and political changes in contemporary Indonesia. The analysis focuses on how human rights challenges affect the situation of religious minorities, looking in particular at the Ahmadiyya as a minority group that experiences human rights violations such as discrimination, persecution, and violence. The study fills out its treatment of these issues by examining the involvement of actors both from the state and society, addressing also the politics of human rights protection.
The Figure of the Witness in International Criminal Tribunals by Benjamin Thorne Pdf
This book analyses how international criminal institutions, and their actors – legal counsels, judges, investigators, registrars – construct witness identity and memory. Filling an important gap within transitional justice scholarship, this conceptually led and empirically grounded interdisciplinary study takes the International Criminal Tribunal for Rwanda (ICTR) as a case study. It asks: How do legal witnesses of human rights violations contribute to memory production in transitional post-conflict societies? Witnessing at tribunals entails individuals externalising memories of violations. This is commonly construed within the transitional justice legal scholarship as an opportunity for individuals to ensure their memories are entered into an historical record. Yet this predominant understanding of witness testimony fails to comprehend the nature of memory. Memory construction entails fragments of individual and collective memories within a contestable and contingent framing of the past. Accordingly, the book challenges the claim that international criminal courts and tribunals are able to produce a collective memory of atrocities; as it maintains that witnessing must be understood as a contingent and multi-layered discursive process. Contributing to the specific analysis of witnessing and memory, but also to the broader field of transitional justice, this book will appeal to scholars and practitioners in these areas, as well as others in legal theory, global criminology, memory studies, international relations, and international human rights.
Grassroots Activism and the Evolution of Transitional Justice by Iosif Kovras Pdf
Using a new global database of enforced disappearances, this book demonstrates how victims' groups have themselves shaped transitional justice policies.
Human Rights in Sierra Leone, 1787-2016 by John Idriss Lahai Pdf
This book offers an up-to-date, comprehensive interdisciplinary analysis of the multifaceted and evolving experiences of human rights in Sierra Leone between the years 1787 and 2016. It provides a balanced coverage of the local and international conditions that frame the socio-cultural, political, and economic context of human rights: its rise and fall, and concerns for the broader engendered issues of the transatlantic slave trade, colonialism, women’s struggle for recognition, constitutional development, political independence, war, and transitional justice (as well as "contributive justice," which the author introduces to explain the consequences of the problems of the temporal nature of transitional justice, and the crisis of donor fatigue towards peacebuilding activities), local government, democracy, and constitutional reforms within Sierra Leone. While acknowledging the profound challenges associated with the promotion of human rights in an environment of uncertainty, political fragility, lawlessness, and deprivation, John Idriss Lahai sheds light on the often-constructive engagement of the people of Sierra Leone with a variety of societal conditions, adverse or otherwise, to influence constitutional change, the emergent post-coflict discourse on "contributive justice," and acceptable human rights practice. This book will be of interest to scholars in West African history, legal history, African studies, peace and conflict studies, human rights and transitional justice.
Transitional Justice from State to Civil Society by Sri Lestari Wahyuningroem Pdf
This book is the first to offer an in-depth analysis of transitional justice as an unfinished agenda in Indonesia’s democracy. Examining the implementation of transitional justice measures in post-authoritarian Indonesia, this book analyses the factors within the democratic transition that either facilitated or hindered the adoption and implementation of transitional justice measures. Furthermore, it contributes key insights from an extensive examination of ‘bottom-up’ approaches to transitional justice in Indonesia: through a range of case studies, civil society-led initiatives to truth-seeking and local reconciliation efforts. Based on extensive archival, legal and media research, as well as interviews with key actors in Indonesia’s democracy and human rights’ institutions, the book provides a significant contribution to current understandings of Indonesia’s democracy. Its analysis of the failure of state-centred transitional justice measures, and the role of civil society, also makes an important addition to comparative transitional justice studies. It will be of considerable interest to scholars and activists in the fields of Transitional Justice and Politics, as well as in Asian Studies.
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?
Routledge Handbook of NGOs and International Relations by Thomas Davies Pdf
Offering insights from pioneering new perspectives in addition to well-established traditions of research, this Handbook considers the activities not only of advocacy groups in the environmental, feminist, human rights, humanitarian, and peace sectors, but also the array of religious, professional, and business associations that make up the wider non-governmental organization (NGO) community. Including perspectives from multiple world regions, the book takes account of institutions in the Global South, alongside better-known structures of the Global North. International contributors from a range of disciplines cover all the major aspects of research into NGOs in International Relations to present: a comprehensive overview of the historical evolution of NGOs, the range of structural forms and international networks coverage of major theoretical perspectives illustrations of how NGOs are influential in every prominent issue-area of contemporary International Relations evaluation of the significant regional variations among NGOs and how regional contexts influence the nature and impact of NGOs analysis of the ways NGOs address authoritarianism, terrorism, and challenges to democracy, and how NGOs handle concerns surrounding their own legitimacy and accountability. Exploring contrasting theories, regional dimensions, and a wide range of contemporary challenges facing NGOs, this Handbook will be essential reading for students, scholars, and practitioners alike.
Human Rights Policies in Chile by Silvia Borzutzky Pdf
This book analyses Chile’s “truth and justice” policies implemented between 1990 and 2013. The book’s central assumption is that human rights policies are a form of public policy and consequently they are the product of compromises among different political actors. Because of their political nature, these incomplete “truth and justice” policies instead of satisfying the victims’ demands and providing a mechanism for closure and reconciliation generate new demands and new policies and actions. However, these new policies and actions are partially satisfactory to those pursuing justice and the truth and unacceptable to those trying to protect the impunity structure built by General Pinochet and his supporters. Thus, while the 40th anniversary of the violent military coup that brought General Pinochet to power serves as a milestone with which to end this policy analysis, Chile’s human rights historical drama is unfinished and likely to generate new demands for truth and justice policies.
Understanding Quality Peace by Madhav Joshi,Peter Wallensteen Pdf
This book provides an analytical framework for understanding how the concept of quality peace can be used to evaluate post-conflict peacebuilding, using social science, statistics, and case studies. Including contributions from more than 20 researchers and practitioners, it argues that the quality of the peace in a post-conflict state relates to the extent to which peace accords are implemented, the agreed-upon mechanism for the non-violent resolution of the conflict, and the available social space for civil and political actors. To arrive at the concept of 'quality peace', the authors evaluate the existing literature and identify a lack of a satisfactory means of measuring outcomes, and consequently how these might be researched comparatively. The volume problematizes the 'quality peace' concept as a way to understand the origins of armed conflict as well as problems deriving from the conflict dynamics and the need for social, political, and economic changes in the post-conflict periods. The book emphasizes five dimensions as crucial for quality peace in a post-accord society. Negotiations and agreements not only aim at avoiding the return of war but also seek to: (1) promote reconciliation, (2) develop mechanisms for resolving future disputes, (3) provide for reliable security, (4) open economic opportunities for marginalized segments of the population, and (5) generate space for civil society. These five dimensions together provide for quality peace after war. They are studied in the context of internal armed conflicts in which multiple parties have signed a peace agreement. This book will be of great interest to students of peace and conflict studies, civil wars, global governance, security studies, and International Relations in general.
The UN Security Council and International Criminal Tribunals: Procedure Matters by Christodoulos Kaoutzanis Pdf
The book explains why and how the UN Security Council authorizes international criminal investigations into mass atrocities. In doing so, it tackles head-on the obvious double standards of global justice, where few atrocities get investigated and most slip below the headlines. The book argues that the Council’s decision-making procedure is central to understanding the Council’s decisions. This procedure is broken into three distinct steps, namely the role of diplomats at the Council, the Council’s reliance on third parties and the Council’s resort to precedent. The volume documents that the Council authorized international criminal investigations only into the handful of mass atrocities for which the Council’s deliberations successfully completed each of these three steps. Written for both scholars and practitioners, the book combines insights from the fields of international relations, international law and human rights. Through archival research and interviews with UNSC diplomats who took part in deliberations on atrocities, the volume presents evidence that supports its argument across cases and across time. In doing so, the book avoids the yes/no (or 0 vs 1) tendency of many social science projects, thereby acknowledging that there is no silver bullet to explain the work of the Council’s five permanent and ten elected members. Chris Kaoutzanis's Procedure Matters is a deep dive into how the UN Security Council actually works in dealing with some of the world's worst atrocities. Showing that UN procedure does matter, Kaoutzanis illuminates the limited accountability for international crimes that can be expected from that vital institution. As importantly, he offers a road map for how to use UN legitimating procedures to navigate the power politics of that august body. This is a map no scholar of international institutions and no human rights activist should be without. Michael Doyle, Columbia University This project recognizes what the scholarly literature has generally ignored or deemphasized: the central role of the Security Council in responding to mass atrocity situations. As much as international lawyers would hate to admit it, the legal response to international crimes is initially controlled not by international judges and tribunals, but rather by the Security Council and its geo-political and diplomatic complications. Kaoutzanis has put the sun back at the center of our solar system. Jens David Ohlin, Cornell Law School
Beyond Genocide: Transitional Justice and Gacaca Courts in Rwanda by Pietro Sullo Pdf
Combining both legal and empirical research, this book explores the statutory aspects and practice of Gacaca Courts (inkiko gacaca), the centrepiece of Rwanda's post-genocide transitional justice system, assessing their contribution to truth, justice and reconciliation. The volume expands the knowledge regarding these courts, assessing not only their performance in terms of formal justice and compliance with human rights standards but also their actual modus operandi. Scholars and practitioners have progressively challenged the idea that genocide should be addressed exclusively through 'westernised' criminal law, arguing that the uniqueness of each genocidal setting requires specific context-sensitive solutions. Rwanda's experience with Gacaca Courts has emerged as a valuable opportunity for testing this approach, offering never previously tried homegrown solutions to the violence experienced in 1994 and beyond. Due to the unprecedented number of individuals brought to trial, the absence of lawyers, the participative nature, and the presence of lay judges directly elected by the Rwandan population, Gacaca Courts have attracted the attention of researchers from different disciplines and triggered dichotomous reactions and appraisals. The tensions existing within the literature are addressed, anchoring the assessment of Gacaca in a comprehensive legal analysis in conjunction with field research. Through the direct observation of Gacaca trials, and by holding interviews and informal talks with survivors, perpetrators, ordinary Rwandans, academics and the staff of NGOs, a purely legalistic perspective is overcome, offering instead an innovative bottom-up approach to meta-legal concepts such as justice, fairness, truth and reconciliation. Outlining their strengths and shortcomings, this book highlights what aspects of Gacaca Courts can be useful in other post-genocide contexts and provides crucial lessons learnt in the realm of transitional justice. The primary audience this book is aimed at consists of researchers working in the areas of international criminal law, transitional justice, genocide, restorative justice, African studies, human rights and criminology, while practitioners, students and others with a professional interest in the topical matters that are addressed may also find the issues raised relevant to their practice or field of study. Pietro Sullo teaches public international law and international diplomatic law at the Brussels School of International Studies of the University of Kent in Brussels. He is particularly interested in international human rights law, transitional justice, international criminal law, constitutional transitions and refugee law. After earning his Ph.D. at the Sant'Anna School of Advanced Studies in Pisa, Dr. Sullo worked at the Max-Planck-Institute for Comparative Public Law and International Law in Heidelberg as a senior researcher and as a coordinator of the International Doctoral Research School on Retaliation, Mediation and Punishment. He was also Director of the European Master's Programme in Human Rights and Democratization (E.MA) in Venice from 2013 to 2015 and lastly he has worked for international NGOs and as a legal consultant for the Libya Constitution Drafting Assembly on human rights and transitional justice.
Contemporary International Criminal Law Issues by Takeh B. K. Sendze,Adesola Adeboyejo,Howard Morrison,Sophia Ugwu Pdf
This book critically analyses diverse international criminal law (ICL) issues in light of recent developments in the international criminal justice system following the pursuit of accountability in Africa and around the world. It gives a scholarly analysis of issues pertaining to ICL and the pursuit of accountability in Africa by way of several topics including universal jurisdiction in Africa, Boko Haram in Nigeria, the legitimacy of the ICTR, the law of genocide committed against the Herero and Nama peoples, the African perspective on international co-operation in criminal matters, the Malabo Protocol, and whether an African Regional Court is a viable alternative to the ICC. Further discussed are other aspects of ICL, such as prosecuting sexual and gender-based crimes at the ICC, sexual and gender-based crimes perpetrated against men, guilty pleas within ICL and slavery within international criminal justice. With this, the book also refers to the jurisprudence of several international courts and tribunals including the ICTR, the ICTY, the SCSL, the ICC, the ECCC, the KSC, and the STL. This timely contributed volume updates international criminal law experts, practitioners, academics, human rights activists and other stakeholders on contemporary developments in ICL and provides recommendations that address accountability for mass atrocity crimes and ideas for strategic ICL litigation at the national, international, regional and sub-regional levels. It will prompt constructive exchanges on what can be improved in prosecuting mass atrocity crimes around the world. Takeh B.K. Sendze is an Advocate and Legal Officer with the United Nations International Residual Mechanism for Criminal Tribunals in Arusha, Tanzania. Adesola Adeboyejo is a Trial Lawyer at the International Criminal Court. Sir Howard Morrison QC is a former International Judge and an Associate Tenant at Doughty Street Chambers in London, United Kingdom. Sophia Ugwu is a Solicitor and Advocate who founded the Centre for African Justice, Peace and Human Rights in The Hague, The Netherlands.