Transitional Justice And Rule Of Law Reconstruction

Author : Padraig McAuliffe
Publisher : Routledge
Page : 274 pages
File Size : 42,7 Mb
Release : 2013-06-26
Category : Law
ISBN : 9781135037758

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Transitional Justice and Rule of Law Reconstruction by Padraig McAuliffe Pdf

This short and accessible book is the first to focus exclusively on the inter-relation between transitional justice and rule of law reconstruction in post-conflict and post-authoritarian states. In so doing it provides a provocative reassessment of the various tangled relationships between the two fields, exploring the blind-spots, contradictions and opportunities for mutually-beneficial synergies in practice and scholarship between them. Though it is commonly assumed that transitional justice for past human rights abuses is inherently conducive to restoring the rule of law, differences in how both fields conceptualise the rule of law, the scope of transition and obligations to citizens have resulted in divergent approaches to transitional criminal trial, international criminal law, restorative justice and traditional justice mechanisms. Adopting a critical comparative approach that assesses the experiences of post-authoritarian and post-conflict polities in Latin America, Asia, Europe and Africa undergoing transitional justice and justice sector reform simultaneously, it argues that the potential benefits of transitional justice are exaggerated and urges policy-makers to rebalance the compromises inherent in transitional justice mechanisms against the foundational demands of rule of law reconstruction. This book will be of interest to scholars in the fields of transitional justice, rule of law, legal pluralism and peace-building concerned by the failure of transitional justice to leave a positive legacy to the justice system of the states where it operates. ‘This is a bold and nuanced scrutiny of the international system’s approach to transitional justice and the much vaunted rule of law project. Dr McAulifee should be congratulated for this well-researched book which should be a must read for not only scholars and researchers in transitional justice and peace and conflict studies, but also policy-makers in the international system.’ Dr. Hakeem O. Yusuf, Senior Lecturer, University of Strathclyde and author of Transitional Justice, Judicial Accountability and the Rule of Law.

Author : Ruti G. Teitel
Publisher : Oxford University Press
Page : 404 pages
File Size : 44,6 Mb
Release : 2002-03-28
Category : Political Science
ISBN : 9780199882243

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Transitional Justice by Ruti G. Teitel Pdf

At the century's end, societies all over the world are throwing off the yoke of authoritarian rule and beginning to build democracies. At any such time of radical change, the question arises: should a society punish its ancien regime or let bygones be bygones? Transitional Justice takes this question to a new level with an interdisciplinary approach that challenges the very terms of the contemporary debate. Ruti Teitel explores the recurring dilemma of how regimes should respond to evil rule, arguing against the prevailing view favoring punishment, yet contending that the law nevertheless plays a profound role in periods of radical change. Pursuing a comparative and historical approach, she presents a compelling analysis of constitutional, legislative, and administrative responses to injustice following political upheaval. She proposes a new normative conception of justice--one that is highly politicized--offering glimmerings of the rule of law that, in her view, have become symbols of liberal transition. Its challenge to the prevailing assumptions about transitional periods makes this timely and provocative book essential reading for policymakers and scholars of revolution and new democracies.

Author : Samar El-Masri,Tammy Lambert,Joanna R. Quinn
Publisher : Springer Nature
Page : 244 pages
File Size : 41,8 Mb
Release : 2020-01-17
Category : Political Science
ISBN : 9783030349172

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Transitional Justice in Comparative Perspective by Samar El-Masri,Tammy Lambert,Joanna R. Quinn Pdf

What if we could change the conditions in post-conflict/post-authoritarian countries to make transitional justice work better? This book argues that if the context in countries in need of transitional justice can be ameliorated before processes of transitional justice are established, they are more likely to meet with success. As the contributors reveal, this can be done in different ways. At the attitudinal level, changing the broader social ethos can improve the chances that societies will be more receptive to transitional justice. At the institutional level, the capacity of mechanisms and institutions can be strengthened to offer more support to transitional justice processes. Drawing on lessons learned in Colombia, Democratic Republic of the Congo, The Gambia, Lebanon, Palestine, and Uganda, the book explores ways to better the conditions in post-conflict/post-authoritarian countries to improve the success of transitional justice.

Author : A. James MacAdams
Publisher : Unknown
Page : 306 pages
File Size : 41,5 Mb
Release : 1997
Category : Crimes against humanity
ISBN : 061427589X

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Transitional Justice and the Rule of Law in New Democracies by A. James MacAdams Pdf

Author : Charles Villa-Vicencio,Erik Doxtader
Publisher : African Minds
Page : 137 pages
File Size : 45,5 Mb
Release : 2004
Category : Amnesty
ISBN : 9780958479455

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Pieces of the Puzzle by Charles Villa-Vicencio,Erik Doxtader Pdf

Reconciliation - Ubuntu - Peace processes - Reparation - Restorative justice - Amnesty - Memory - Testimony - Transitional justice - Genocide - The international criminal court - Truth commissions - Traditional and customary law - Human rights - Rights and reconciliation - Economic transformation - National truth commissions - Online resources on transitional.

Author : Angeline Lewis
Publisher : Martinus Nijhoff Publishers
Page : 266 pages
File Size : 48,6 Mb
Release : 2012-08-27
Category : Law
ISBN : 9789004228115

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Judicial Reconstruction and the Rule of Law by Angeline Lewis Pdf

The idea of building a blueprint ‘rule of law’ through military intervention has seized the imagination of practitioners and theorists alike in the past decade of peacebuilding operations, and an emphasis on simultaneous judicial reconstruction and security sector reform has emerged as their central strategy. This work, in a fresh approach based on recent military operations in Iraq and beyond, challenges both the universality of the blueprint and the doctrinal assumption that institutional reform by military interveners builds peace and legitimacy. In a comprehensive review, the essential role of the community in developing its own relationship with law, while interveners refocus exclusively on restoring public security using their extraordinary powers under international humanitarian law, emerges as the only future for ‘rule of law operations.’

Author : Ray Murphy
Publisher : Routledge
Page : 546 pages
File Size : 54,9 Mb
Release : 2017-03-02
Category : Law
ISBN : 9781351909679

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Post-Conflict Rebuilding and International Law by Ray Murphy Pdf

This volume presents the research analysis of a range of scholars and experts on post conflict peacebuilding and international law from a variety of perspectives and missions. The selected essays show that peacebuilding, like the concept of peacekeeping, is not specifically provided for in the UN Charter. They also demonstrate that the record of peacebuilding, like that of peacekeeping, is varied and while both concepts are intrinsically linked, neither lends itself to precise definition. The essays consider the historical approaches to peacebuilding such as the role played by the UN in the Congo in the early 1960s and the work of the United States and its allies in rebuilding Germany and Japan in the aftermath of World War II. Finally, essays consider the major challenge for contemporary peacebuilding operations to make international administrations accountable and to ensure the involvement of the international community in helping rebuild communities and prevent the resurgence of violence.

Author : Zachary D. Kaufman
Publisher : Oxford University Press
Page : 433 pages
File Size : 46,7 Mb
Release : 2017
Category : Law
ISBN : 9780190655488

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United States Law and Policy on Transitional Justice by Zachary D. Kaufman Pdf

In United States Law and Policy on Transitional Justice: Principles, Politics, and Pragmatics, Zachary D. Kaufman explores the U.S. government's support for, or opposition to, certain transitional justice institutions. By first presenting an overview of possible responses to atrocities (such as war crimes tribunals) and then analyzing six historical case studies, Kaufman evaluates why and how the United States has pursued particular transitional justice options since World War II. This book challenges the "legalist" paradigm, which postulates that liberal states pursue war crimes tribunals because their decision-makers hold a principled commitment to the rule of law. Kaufman develops an alternative theory-"prudentialism"-which contends that any state (liberal or illiberal) may support bona fide war crimes tribunals. More generally, prudentialism proposes that states pursue transitional justice options, not out of strict adherence to certain principles, but as a result of a case-specific balancing of politics, pragmatics, and normative beliefs. Kaufman tests these two competing theories through the U.S. experience in six contexts: Germany and Japan after World War II, the 1988 bombing of Pan Am flight 103, the 1990-1991 Iraqi offenses against Kuwaitis, the atrocities in the former Yugoslavia in the 1990s, and the 1994 Rwandan genocide. Kaufman demonstrates that political and pragmatic factors featured as or more prominently in U.S. transitional justice policy than did U.S. government officials' normative beliefs. Kaufman thus concludes that, at least for the United States, prudentialism is superior to legalism as an explanatory theory in transitional justice policymaking.

Author : Matthew Saul,James A. Sweeney
Publisher : Routledge
Page : 389 pages
File Size : 55,7 Mb
Release : 2015-05-15
Category : Law
ISBN : 9781317669906

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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 : U. S. Military,Department of Defense (DoD),U. S. Army,Frances Hartwell,U. S. Government
Publisher : Unknown
Page : 89 pages
File Size : 52,8 Mb
Release : 2018-10-20
Category : Electronic
ISBN : 1729049575

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Is Transitional Justice Necessary to Establish Long Term Stability? Moving from Civil War to Reconciliation and the Rule of Law, Case Studies of Bosnia-Herzegovina, East Timor, and Rwanda by U. S. Military,Department of Defense (DoD),U. S. Army,Frances Hartwell,U. S. Government Pdf

Over the past two decades, the international community has employed various transitional justice mechanisms to promote reconciliation and establish the rule of law in countries transitioning from civil war. The effect of these mechanisms on long-term peace however, remains ambiguous. Despite the challenges of implementing transitional justice, the establishment of the rule of law and the reconciliation of victims and perpetrators of grave violations of human rights remain essential to ending violence and encouraging public participation in post-war society. This study examines the use of transitional justice mechanisms implemented at the end of the civil wars in Bosnia-Herzegovina, East Timor, and Rwanda to evaluate their impact on internal violence, cooperation among domestic constituencies, and the establishment of reliable democratic practices to discern whether these mechanisms contributed to long-term stability. This study ultimately found that transitional justice mechanisms contributed to stability in all three cases by fostering public trust in legal and democratic institutions that helped achieve stability.As a result of lessons learned from various attempts to establish the rule of law and bring perpetrators of genocide, mass atrocities, and war crimes to justice, the international community has gradually abandoned the creation of international tribunals like the ones established for the Former Republic of Yugoslavia and Rwanda. In successive conflicts at the turn of the 21st century, the international community instead opted for the creation of hybrid national-international tribunals as seen in Sierra Leone and East Timor, and eventually shifted the burden of prosecution to national courts under the sole authority of the post-conflict government as seen in Iraq. In more recent international interventions however, like the one in Afghanistan, the United Nations (UN) and international community chose not to pursue any form of transitional justice.This departure from the creation of internationally-organized and domestically-driven transitional justice mechanisms near the end of a conflict calls into the question the necessity and efficacy of transitional justice mechanisms to establishing lasting peace and stability. Notwithstanding this change in post-war reconstruction practices, transitional justice norms and mechanisms remain relevant to preserving political stability within fragile societies. As Professor Anthony Joes argued with regard to counterinsurgency operations, "true victory is one that leads to true peace, a peace founded on legitimacy and eventual reconciliation." Legitimacy that leads to reconciliation is built upon the establishment of the rule of law in a manner that dissuades belligerents from continuing hostilities, and demonstrates the willingness and capacity of domestic institutions to protect the population, hold perpetrators accountable, and disallow impunity.

Author : Larry May,Elizabeth Edenberg
Publisher : Cambridge University Press
Page : 353 pages
File Size : 49,7 Mb
Release : 2013-10-07
Category : History
ISBN : 9781107040175

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Jus Post Bellum and Transitional Justice by Larry May,Elizabeth Edenberg Pdf

This collection of essays explores the legal and moral questions that arise at the end of war and in the transition to less oppressive regimes.

Author : William Schabas
Publisher : Cambridge University Press
Page : 421 pages
File Size : 42,5 Mb
Release : 2016-01-07
Category : Law
ISBN : 9781107052338

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The Cambridge Companion to International Criminal Law by William Schabas Pdf

An authoritative introduction to international criminal law written by renowned international lawyers, judges, prosecutors, criminologists and historians.

Author : Padraig McAuliffe
Publisher : Routledge
Page : 313 pages
File Size : 41,6 Mb
Release : 2013-06-26
Category : Law
ISBN : 9781135037765

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Transitional Justice and Rule of Law Reconstruction by Padraig McAuliffe Pdf

This short and accessible book is the first to focus exclusively on the inter-relation between transitional justice and rule of law reconstruction in post-conflict and post-authoritarian states. In so doing it provides a provocative reassessment of the various tangled relationships between the two fields, exploring the blind-spots, contradictions and opportunities for mutually-beneficial synergies in practice and scholarship between them. Though it is commonly assumed that transitional justice for past human rights abuses is inherently conducive to restoring the rule of law, differences in how both fields conceptualise the rule of law, the scope of transition and obligations to citizens have resulted in divergent approaches to transitional criminal trial, international criminal law, restorative justice and traditional justice mechanisms. Adopting a critical comparative approach that assesses the experiences of post-authoritarian and post-conflict polities in Latin America, Asia, Europe and Africa undergoing transitional justice and justice sector reform simultaneously, it argues that the potential benefits of transitional justice are exaggerated and urges policy-makers to rebalance the compromises inherent in transitional justice mechanisms against the foundational demands of rule of law reconstruction. This book will be of interest to scholars in the fields of transitional justice, rule of law, legal pluralism and peace-building concerned by the failure of transitional justice to leave a positive legacy to the justice system of the states where it operates. ‘This is a bold and nuanced scrutiny of the international system’s approach to transitional justice and the much vaunted rule of law project. Dr McAulifee should be congratulated for this well-researched book which should be a must read for not only scholars and researchers in transitional justice and peace and conflict studies, but also policy-makers in the international system.’ Dr. Hakeem O. Yusuf, Senior Lecturer, University of Strathclyde and author of Transitional Justice, Judicial Accountability and the Rule of Law.

Author : Martina Fischer,Olivera Simic
Publisher : Routledge
Page : 272 pages
File Size : 48,5 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 : Cath Collins
Publisher : Penn State Press
Page : 293 pages
File Size : 42,9 Mb
Release : 2010
Category : Political Science
ISBN : 9780271036878

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Post-transitional Justice by Cath Collins Pdf

"Analyzes how activists, legal strategies, and judicial receptivity to human rights claims are constructing new accountability outcomes for human rights violations in Chile and El Salvador"--Provided by publisher.