Transitional Justice From Below

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Transitional Justice from Below

Author : Kieran McEvoy,Lorna McGregor
Publisher : Bloomsbury Publishing
Page : 233 pages
File Size : 41,8 Mb
Release : 2008-07-15
Category : Political Science
ISBN : 9781847314420

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Transitional Justice from Below by Kieran McEvoy,Lorna McGregor Pdf

Although relatively new as a distinct field of study, transitional justice has become rapidly established as a vital field of enquiry. From vaguely exotic origins on the outer edges of political science, the study of 'justice' in times of transition has emerged as a central concern of scholarship and practical policy-making. A process of institutionalisation has confirmed this importance. The ICTY, the ICTR, the ICC, hybrid tribunals in Sierra Leone and East Timor and 'local' processes such as the Iraqi Higher Tribunal (IHT) have energised international law and international criminal justice scholarship. The South African TRC was for a time lauded as the model for dealing with the past and remains one of the most researched institutions in the world. It is one of approximately two dozen such institutions established in different transitional contexts over the past twenty years to assist conflicted societies to come to terms with a violent past. At the national level, international donors contribute huge sums of money to 'Rule of Law' programmes designed to transform national justice systems. This collection seeks to offer something quite different to the mainstream of scholarship in this area, emphasising the need for bespoke solutions to different transitions rather than 'off the shelf' models. The collection is designed to offer a space for diversity, prompted by a series of perspectives "from below" of societies beset by past violent conflict which have sought to effect their transition to justice. In doing so the contributors have also sought to enrich discussion about the role of human rights in transition, the continuing usefulness of perspectives from above, and the still contested meanings of "transition".

Transitional Justice and Corporate Accountability from Below

Author : Leigh A. Payne,Gabriel Pereira,Laura Bernal-Bermúdez
Publisher : Cambridge University Press
Page : 395 pages
File Size : 41,8 Mb
Release : 2020-04-30
Category : Law
ISBN : 9781108474139

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Transitional Justice and Corporate Accountability from Below by Leigh A. Payne,Gabriel Pereira,Laura Bernal-Bermúdez Pdf

Examines when, where, why, and how corporate accountability for past human rights violations in armed conflicts and authoritarian regimes is possible.

Resistance and Transitional Justice

Author : Briony Jones,Julie Bernath
Publisher : Routledge
Page : 289 pages
File Size : 53,9 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.

Critical Perspectives in Transitional Justice

Author : Nicola Frances Palmer,Philip Clark,Danielle Granville
Publisher : Unknown
Page : 0 pages
File Size : 53,9 Mb
Release : 2012
Category : Human rights
ISBN : 178068035X

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Critical Perspectives in Transitional Justice by Nicola Frances Palmer,Philip Clark,Danielle Granville Pdf

In the last twenty years, the field of transitional justice has gone from being a peripheral concern to an ubiquitous feature of societies recovering from mass conflict or repressive rule. In both policy and scholarly realms, transitional justice has proliferated rapidly, with ever-increasing variety in terms of practical rapidly, with ever-increasing variety in terms of practical processes and analytical approaches. The sprawl of transitional justice, however, has not always produced concepts and practices that are theoretically sound and grounded in the empirical realities of the societies in question.

Searching for Truth in the Transitional Justice Movement

Author : Jamie Rowen
Publisher : Cambridge University Press
Page : 195 pages
File Size : 48,9 Mb
Release : 2017-08-11
Category : Law
ISBN : 9781107108769

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Searching for Truth in the Transitional Justice Movement by Jamie Rowen Pdf

This book re-imagines transitional justice as a movement, and explains why truth commissions are promoted and created. By exploring how the movement developed, as well as efforts to create truth commissions in the Balkans, Colombia, and the US, it examines the processes through which political actors translate transitional justice into political action.

Justice in Conflict

Author : Mark Kersten
Publisher : Oxford University Press
Page : 273 pages
File Size : 47,9 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.

Child Soldiers as Agents of War and Peace

Author : Leonie Steinl
Publisher : Springer
Page : 421 pages
File Size : 49,5 Mb
Release : 2017-08-19
Category : Law
ISBN : 9789462652019

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Child Soldiers as Agents of War and Peace by Leonie Steinl Pdf

This book deals with child soldiers’ involvement in crimes under international law. Child soldiers are often victims of grave human rights abuses, and yet, in some cases, they also participate actively in inflicting violence upon others. Nonetheless, the international discourse on child soldiers often tends to ignore the latter dimension of children’s involvement in armed conflict and instead focuses exclusively on their role as victims. While it might seem as though the discourse is therefore beneficial for child soldiers as it protects them from blame and responsibility, it is important to realize that the so-called passive victim narrative entails various adverse consequences, which can hinder the successful reintegration of child soldiers into their families, communities and societies. This book aims to address this dilemma. First, the available options for dealing with child soldiers’ participation in crimes under international law, such as transitional justice and criminal justice, and their shortcomings are analyzed in depth. Subsequently a new approach is developed towards achieving accountability in a child-adequate way, which is called restorative transitional justice. This book is in the first place aimed at researchers with an interest in child soldiers, children and armed conflict, as well as international criminal law, transitional justice, juvenile justice, restorative justice, children’s rights, and international human rights law. Secondly, professionals working on issues of transitional justice, juvenile justice, international criminal law, children’s rights, and the reintegration of child soldiers will also find the subject matter of great relevance to their practice. Dr. Leonie Steinl, LL.M. (Columbia) is a Researcher and Lecturer at the Faculty of Law of the Humboldt-Universität in Berlin.

From Transitional to Transformative Justice

Author : Paul Gready,Simon Robins
Publisher : Cambridge University Press
Page : 345 pages
File Size : 51,7 Mb
Release : 2019-02-21
Category : Law
ISBN : 9781107160934

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From Transitional to Transformative Justice by Paul Gready,Simon Robins Pdf

Builds on micro-level critiques of transitional justice to debate a more comprehensive alternative at the level of theory and practice.

Transitional Justice in the Twenty-First Century

Author : Naomi Roht-Arriaza,Javier Mariezcurrena
Publisher : Cambridge University Press
Page : 317 pages
File Size : 51,6 Mb
Release : 2006-09-14
Category : Social Science
ISBN : 9781139458658

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Transitional Justice in the Twenty-First Century by Naomi Roht-Arriaza,Javier Mariezcurrena Pdf

Dealing with the aftermath of civil conflict or the fall of a repressive government continues to trouble countries throughout the world. Whereas much of the 1990s was occupied with debates concerning the relative merits of criminal prosecutions and truth commissions, by the end of the decade a consensus emerged that this either/or approach was inappropriate and unnecessary. A second generation of transitional justice experiences have stressed both truth and justice and recognize that a single method may inadequately serve societies rebuilding after conflict or dictatorship. Based on studies in ten countries, this book analyzes how some combine multiple institutions, others experiment with community-level initiatives that draw on traditional law and culture, whilst others combine internal actions with transnational or international ones. The authors argue that transitional justice efforts must also consider the challenges to legitimacy and local ownership emerging after external military intervention or occupation.

Knowledge for Peace

Author : Briony Jones
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 49,8 Mb
Release : 2021-02-26
Category : Political Science
ISBN : 9781789905359

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Knowledge for Peace by Briony Jones Pdf

Combining the knowledge and experience of leading international researchers, practitioners and policy consultants, Knowledge for Peace discusses how we identify, claim and contest the knowledge we have in relation to designing and analysing peacebuilding and transitional justice programmes. Exploring how knowledge in the field is produced, and by whom, the book examines the research-policy-practice nexus, both empirically and conceptually, as an important part of the politics of knowledge production.

Transitional Justice in Balance

Author : Tricia D. Olsen,Leigh A. Payne,Andrew G. Reiter
Publisher : United States Institute of Peace Press
Page : 0 pages
File Size : 41,8 Mb
Release : 2010
Category : Philosophy
ISBN : 1601270534

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Transitional Justice in Balance by Tricia D. Olsen,Leigh A. Payne,Andrew G. Reiter Pdf

In the first project of its kind to compare multiple mechanisms and combinations of mechanisms across regions, countries, and time, Transitional Justice in Balance: Comparing Processes, Weighing Efficacy systematically analyzes the claims made in the literature using a vast array of data, which the authors have assembled in the Transitional Justice Data Base.

Transformative Transitional Justice and the Malleability of Post-Conflict States

Author : Padraig McAuliffe
Publisher : Edward Elgar Publishing
Page : 368 pages
File Size : 49,7 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.

The Cambridge Companion to International Criminal Law

Author : William Schabas
Publisher : Cambridge University Press
Page : 421 pages
File Size : 45,8 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.

Localizing Transitional Justice

Author : Rosalind Shaw,Lars Waldorf,Pierre Hazan
Publisher : Stanford University Press
Page : 368 pages
File Size : 42,8 Mb
Release : 2010-04-23
Category : Political Science
ISBN : 9780804774635

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Localizing Transitional Justice by Rosalind Shaw,Lars Waldorf,Pierre Hazan Pdf

Through war crimes prosecutions, truth commissions, purges of perpetrators, reparations, and memorials, transitional justice practices work under the assumptions that truth telling leads to reconciliation, prosecutions bring closure, and justice prevents the recurrence of violence. But when local responses to transitional justice destabilize these assumptions, the result can be a troubling disconnection between international norms and survivors' priorities. Localizing Transitional Justice traces how ordinary people respond to—and sometimes transform—transitional justice mechanisms, laying a foundation for more locally responsive approaches to social reconstruction after mass violence and egregious human rights violations. Recasting understandings of culture and locality prevalent in international justice, this vital book explores the complex, unpredictable, and unequal encounter among international legal norms, transitional justice mechanisms, national agendas, and local priorities and practices.