Transitional Justice In Balance

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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 : 40,6 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.

Transitional Justice

Author : Alexander Laban Hinton
Publisher : Rutgers University Press
Page : 284 pages
File Size : 50,7 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.

Critical Perspectives in Transitional Justice

Author : Nicola Frances Palmer,Philip Clark,Danielle Granville
Publisher : Unknown
Page : 0 pages
File Size : 54,5 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.

Transitional Justice

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.

Handbook of Research on Transitional Justice and Peace Building in Turbulent Regions

Author : Cante, Fredy
Publisher : IGI Global
Page : 559 pages
File Size : 40,9 Mb
Release : 2015-12-17
Category : Political Science
ISBN : 9781466696761

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Handbook of Research on Transitional Justice and Peace Building in Turbulent Regions by Cante, Fredy Pdf

In the era of globalization, awareness surrounding issues of violence and human rights violations has reached an all-time high. In a world where billions of human beings have the potential to create endless destruction, these same individuals are capable of working cooperatively to create adequate solutions to current global problems. The Handbook of Research on Transitional Justice and Peace Building in Turbulent Regions focuses on current issues facing nations and regions where poverty and conflict are endangering the lives of citizens as well as the socio-economic viability of those regions. Highlighting crucial topics and offering potential solutions to problems relating to domestic and international conflict, societal safety and security, as well as political instability, this comprehensive publication is designed to meet the research needs of economists, social theorists, politicians, policy makers, human rights activists, researchers, and graduate-level students across disciplines.

Methods of Human Rights Research

Author : Fons Coomans,Fred Grünfeld,Menno T. Kamminga
Publisher : Unknown
Page : 0 pages
File Size : 41,7 Mb
Release : 2009
Category : Drets humans
ISBN : 9050958796

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Methods of Human Rights Research by Fons Coomans,Fred Grünfeld,Menno T. Kamminga Pdf

In academic human rights research, especially legal human rights research, little attention tends to be devoted to questions of methodology. One reason for this may be that human rights scholars often are (former) human rights activists. Dispensing with methodological niceties enables them to engage in wishful thinking and to come up with the conclusions they were hoping to find in the first place. Furthermore, although much emphasis continues to be put on the need to carry out human rights research from a multidisciplinary perspective, the methods to be applied in such research remain far from clear. Which criteria can be identified to qualify a piece of human rights research as a methodologically sound piece of work? Are there aspects and considerations that are typical for human rights research? What are good practices in human rights research? The book addresses these questions from the perspective of different scholarly fields relevant for human rights research: law (including international law and criminal law); social sciences (including criminology, political science, comparative politics, international relations and anthropology); and philosophy and history (the humanities). This book is essential reading for any Ph.D. candidate embarking on a dissertation in the field of human rights and any human rights scholar wishing to critically reflect on the quality of her/his own methods of work.

Atrocities and International Accountability

Author : Edel Hughes,William Schabas,Ramesh Chandra Thakur
Publisher : Unknown
Page : 340 pages
File Size : 43,8 Mb
Release : 2007
Category : History
ISBN : UOM:39015076160756

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Atrocities and International Accountability by Edel Hughes,William Schabas,Ramesh Chandra Thakur Pdf

Rebuilding societies where conflict has occurred is rarely a simple process. Where conflict has been accompanied by gross and systematic violations of human rights, the procedure becomes very controversial. The traditional debate on "transitional justice" sought to balance justice, truth, accountability, peace, and stability. The appearance of impunity for past crimes undermines confidence in new democratic structures and casts doubt upon commitments to human rights. Yet the need to consolidate peace sometimes resulted in reluctance on the part of authorities --both local and international --to confront suspected perpetrators of human rights violations, especially when they are a part of a peace process. Experience in many regions of the world therefore suggested a tradeoff between peace and justice. But that is changing. There is a growing consensus that some forms of justice and accountability are integral to --rather than in tension with --peace and stability. This volume considers whether we are truly going beyond the transitional justice debate. It brings together eminent scholars and practitioners with direct experience in some of the most challenging cases of international justice, and illustrates that justice and accountability remain complex, but not mutually exclusive, ideals.

Gender in Human Rights and Transitional Justice

Author : John Idriss Lahai,Khanyisela Moyo
Publisher : Springer
Page : 272 pages
File Size : 53,5 Mb
Release : 2017-07-12
Category : Political Science
ISBN : 9783319542027

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Gender in Human Rights and Transitional Justice by John Idriss Lahai,Khanyisela Moyo Pdf

This volume counters one-sided dominant discursive representations of gender in human rights and transitional justice, and women’s place in the transformations of neoliberal human rights, and contributes a more balanced examination of how transitional justice and human rights institutions, and political institutions impact the lives and experiences of women. Using a multidisciplinary approach, the contributors to this volume theorize and historicize the place of women’s rights (and gender), situating it within contemporary country-specific political, legal, socio-cultural and global contexts. Chapters examine the progress and challenges facing women (and women’s groups) in transitioning countries: from Peru to Argentina, from Kenya to Sierra Leone, and from Bosnia to Sri Lanka, in a variety of contexts, attending especially to the relationships between local and global forces

The Conceptual Foundations of Transitional Justice

Author : Colleen Murphy
Publisher : Cambridge University Press
Page : 233 pages
File Size : 52,7 Mb
Release : 2017-04-19
Category : Law
ISBN : 9781107085473

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The Conceptual Foundations of Transitional Justice by Colleen Murphy Pdf

This accessible book analyses transitional justice and discusses how it differs from retributive, corrective, and distributive justice.

Theorizing Transitional Justice

Author : Claudio Corradetti,Nir Eisikovits
Publisher : Routledge
Page : 360 pages
File Size : 49,6 Mb
Release : 2016-02-17
Category : Law
ISBN : 9781317010869

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Theorizing Transitional Justice by Claudio Corradetti,Nir Eisikovits Pdf

This book addresses the theoretical underpinnings of the field of transitional justice, something that has hitherto been lacking both in study and practice. With the common goal of clarifying some of the theoretical profiles of transitional justice strategies, the study is organized along crucial intersections evaluating aspects connected to the genealogy, the nature, the scope and the most appropriate methodology for the study of transitional justice. The chapters also take up normative and political considerations pertaining to specific transitional instruments such as war crime tribunals, truth commissions, administrative purges, reparations, and historical commissions. Bringing together some of the most original writings from established experts as well as from promising young scholars in the field, the collection will be an essential resource for researchers, academics and policy-makers in Law, Philosophy, Politics, and Sociology.

Transitional Justice

Author : American Society for Political and Legal Philosophy. Meeting
Publisher : NYU Press
Page : 382 pages
File Size : 46,6 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.

Transitional Justice for Child Soldiers

Author : K. Fisher
Publisher : Springer
Page : 886 pages
File Size : 46,5 Mb
Release : 2013-10-10
Category : Political Science
ISBN : 9781137030504

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Transitional Justice for Child Soldiers by K. Fisher Pdf

This book examines and offers suggestions for how post-conflict practices should conceptualize and address harms committed by child soldiers for successful social reconstruction in the aftermath of mass atrocity. It defends the use of accountability and considers the agency of youth participants in violent conflict as responsible moral entities.

The Justice Cascade: How Human Rights Prosecutions Are Changing World Politics (The Norton Series in World Politics)

Author : Kathryn Sikkink
Publisher : W. W. Norton & Company
Page : 353 pages
File Size : 41,9 Mb
Release : 2011-09-26
Category : Political Science
ISBN : 9780393083286

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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.

United States Law and Policy on Transitional Justice

Author : Zachary D. Kaufman
Publisher : Oxford University Press
Page : 433 pages
File Size : 50,6 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.

Justice in Conflict

Author : Mark Kersten
Publisher : Oxford University Press
Page : 273 pages
File Size : 48,7 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.