Transitional Justice Judicial Accountability And The Rule Of Law

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Transitional Justice, Judicial Accountability and the Rule of Law

Hakeem O. Yusuf
Transitional Justice Judicial Accountability and the Rule of Law Book PDF

Author : Hakeem O. Yusuf
Publisher : Routledge
Page : 216 pages
File Size : 55,9 Mb
Release : 2010-04-29
Category : Law
ISBN : 9781136971631

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Transitional Justice, Judicial Accountability and the Rule of Law by Hakeem O. Yusuf Pdf

Transitional Justice, Judicial Accountability and the Rule of Law addresses the importance of judicial accountability in transitional justice processes. Despite a general consensus that the judiciary plays an important role in contemporary governance, accountability for the judicial role in formerly authoritarian societies remains largely elided and under-researched. Hakeem O. Yusuf argues that the purview of transitional justice mechanisms should, as a matter of policy, be extended to scrutiny of the judicial role in the past. Through a critical comparative approach that cuts through the transitioning experiences of post-authoritarian and post-conflict polities in Latin America, Asia, Europe and Africa, the book focuses specifically on Nigeria. It demonstrates that public accountability of the judiciary through the mechanism of a truth-seeking process is a necessary component in securing comprehensive accountability for the judicial role in the past. Transitional Justice, Judicial Accountability and the Rule of Law further shows that an across-the-board transformation of state institutions – an important aspiration of transitional processes – is virtually impossible without incorporating the third branch of government, the judiciary, into the accountability process.

Transitional Justice and Rule of Law Reconstruction

Padraig McAuliffe
Transitional Justice and Rule of Law Reconstruction Book PDF

Author : Padraig McAuliffe
Publisher : Routledge
Page : 313 pages
File Size : 43,9 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.

Transitional Justice in Comparative Perspective

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

Author : Samar El-Masri,Tammy Lambert,Joanna R. Quinn
Publisher : Springer Nature
Page : 244 pages
File Size : 52,5 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.

Peace and Justice

Rachel Kerr,Eirin Mobekk
Peace and Justice Book PDF

Author : Rachel Kerr,Eirin Mobekk
Publisher : Polity
Page : 513 pages
File Size : 45,8 Mb
Release : 2007-10-29
Category : Law
ISBN : 9780745634227

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Peace and Justice by Rachel Kerr,Eirin Mobekk Pdf

In recent years there has been a tendency to intervene in the military, political and economic affairs of failed and failing states and those emerging from violent conflict. In many cases this has been accompanied by some form of international judicial intervention to address serious and widespread abuses of international humanitarian law and human rights in recognition of an explicit link between peace and justice. A range of judicial and non-judicial approaches has been adopted in recognition of the fact that there is no one-size-fits-all model through which to seek accountability. This book considers the merits and drawbacks of these different responses and sets out an original framework for analysing transitional societies and transitional justice mechanisms. Taking as its starting point the post-Second World War tribunals at Nuremburg and Tokyo, the book goes on to discuss the creation of ad hoc international tribunals in the 1990s, hybrid/mixed courts, the International Criminal Court, domestic trials, truth commissions and traditional justice mechanisms. With examples drawn from across the world, including the former Yugoslavia, Rwanda, Cambodia, Timor-Leste, Sierra Leone, Uganda and the DRC, it presents a compelling and comprehensive study of the key responses to war crimes. Peace and Justice is a timely contribution in a world where an ever-increasing number of post-conflict societies are grappling with the complex issues of transitional justice. It will be a valuable resource for students, scholars, practitioners and policy-makers seeking to understand past violations of human rights and the most effective ways of addressing them.

An Introduction to Transitional Justice

Olivera Simić
An Introduction to Transitional Justice Book PDF

Author : Olivera Simić
Publisher : Taylor & Francis
Page : 333 pages
File Size : 41,7 Mb
Release : 2016-11-25
Category : Law
ISBN : 9781317373780

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An Introduction to Transitional Justice by Olivera Simić Pdf

An Introduction to Transitional Justice provides the first comprehensive overview of transitional justice judicial and non-judicial measures implemented by societies to redress legacies of massive human rights abuse. Written by some of the leading experts in the field it takes a broad, interdisciplinary approach to the subject, addressing the dominant transitional justice mechanisms as well as key themes and challenges faced by scholars and practitioners. Using a wide historic and geographic range of case studies to illustrate key concepts and debates, and featuring discussion questions and suggestions for further reading, this is an essential introduction to the subject for students.

Perils of Judicial Self-Government in Transitional Societies

David Kosař
Perils of Judicial Self Government in Transitional Societies Book PDF

Author : David Kosař
Publisher : Cambridge University Press
Page : 487 pages
File Size : 42,7 Mb
Release : 2016-04
Category : Law
ISBN : 9781107112124

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Perils of Judicial Self-Government in Transitional Societies by David Kosař Pdf

This book investigates the mechanisms of judicial control to determine an efficient methodology for independence and accountability. Using over 800 case studies from the Czech and Slovak disciplinary courts, the author creates a theoretical framework that can be applied to future case studies and decrease the frequency of accountability perversions.

Transitional Justice in Latin America

Elin Skaar,Jemima Garcia-Godos,Cath Collins
Transitional Justice in Latin America Book PDF

Author : Elin Skaar,Jemima Garcia-Godos,Cath Collins
Publisher : Routledge
Page : 318 pages
File Size : 52,5 Mb
Release : 2016-10-27
Category : Law
ISBN : 9781317526209

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Transitional Justice in Latin America by Elin Skaar,Jemima Garcia-Godos,Cath Collins Pdf

This book addresses current developments in transitional justice in Latin America – effectively the first region to undergo concentrated transitional justice experiences in modern times. Using a comparative approach, it examines trajectories in truth, justice, reparations, and amnesties in countries emerging from periods of massive violations of human rights and humanitarian law. The book examines the cases of Argentina, Brazil, Chile, Colombia, Guatemala, El Salvador, Paraguay, Peru and Uruguay, developing and applying a common analytical framework to provide a systematic, qualitative and comparative analysis of their transitional justice experiences. More specifically, the book investigates to what extent there has been a shift from impunity towards accountability for past human rights violations in Latin America. Using ‘thick’, but structured, narratives – which allow patterns to emerge, rather than being imposed – the book assesses how the quality, timing and sequencing of transitional justice mechanisms, along with the context in which they appear, have mattered for the nature and impact of transitional justice processes in the region. Offering a new approach to assessing transitional justice, and challenging many assumptions in the established literature, this book will be of enormous benefit to scholars and others working in this area.

Transitional Justice and the Rule of Law in New Democracies

A. James McAdams
Transitional Justice and the Rule of Law in New Democracies Book PDF

Author : A. James McAdams
Publisher : Unknown
Page : 344 pages
File Size : 54,9 Mb
Release : 1997
Category : Crimes against humanity
ISBN : UOM:49015003418283

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

This is the first focused study on the relationship between the use of national courts to pursue retrospective justice and the construction of viable democracies. Included in this interdisciplinary volume are fascinating, detailed essays on the experiences of eight countries: Argentina, Bolivia, Chile, Germany, Greece, Hungary, Poland, and South Africa. According to the contributors, the most important lesson for leaders of new democracies, who are wrestling with the human rights abuses of past dictatorships, is that they have many options. Democratizing regimes are well-advised to be attentive to the significant political, ethical, and legal constraints that may limit their ability to achieve retribution for past wrongs. On prudential ground alone, some fledgling regimes will have no choice but to restrain their desire for punishment in the interest of political survival. However, it would be incorrect to think that all new democracies are therefore bereft of the political and legal resources needed to bring the perpetrators of egregious human rights violations to justice. In many instances, governments have overcome the obstacles before them and, by appealing to both national and international legal standards, have brought their former dictators to trial. When these judicial proceedings have been properly conducted and insulated from partisan political pressures, they have provided tangible evidence of the guiding principles-equality, fairness, and the rule of law-that are essential to the post-authoritarian order. This collection shows that the quest for transitional justice has amounted to something more than merely a break with the past--it constitutes a formative act which directly affects the quality and credibility of democratic institutions.

Transitional Justice

Hakeem O. Yusuf,Hugo van der Merwe
Transitional Justice Book PDF

Author : Hakeem O. Yusuf,Hugo van der Merwe
Publisher : Routledge
Page : 235 pages
File Size : 50,6 Mb
Release : 2021-09-06
Category : Law
ISBN : 9781317642541

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Transitional Justice by Hakeem O. Yusuf,Hugo van der Merwe Pdf

Transitional justice is the way societies that have experienced civil conflict or authoritarian rule and widespread violations of human rights deal with the experience. With its roots in law, transitional justice as an area of study crosses various fields in the social sciences. This book is written with this multi- and inter-disciplinary dynamic of the field in mind. The book presents the broad scope of transitional justice studies through a focus on the theory, mechanisms and debates in the area, covering such topics as: The origin, context and development of transitional justice Victims, victimology and transitional justice Prosecutions for abuses and gross violations of human rights Truth commissions Transitional justice and local justice Gender, political economy and transitional justice Apology, reconciliation and the politics of memory Offering a discussion of the impact and outcomes of transitional justice, this approach provides valuable insight for those who seek both an introduction alongside relatively advanced engagement with the subject. Transitional Justice: Theories, Mechanisms and Debates is an important text for postgraduate and advanced undergraduate students who take courses in transitional justice, human rights and criminal law, as well as a systematic reference text for researchers.

Research Handbook on Transitional Justice

D Jacobs
Research Handbook on Transitional Justice Book PDF

Author : D Jacobs
Publisher : Edward Elgar Publishing
Page : 128 pages
File Size : 53,9 Mb
Release : 2024-06-11
Category : Electronic
ISBN : 9781781955314

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Research Handbook on Transitional Justice by D Jacobs Pdf

Providing detailed and comprehensive coverage of the transitional justice field, this Research Handbook brings together leading scholars and practitioners to explore how societies deal with mass atrocities after periods of dictatorship or conflict. Situating the development of transitional justice in its historical context, social and political context, it analyses the legal instruments that have emerged.

Transitional Justice and the Public Sphere

Chrisje Brants,Susanne Karstedt
Transitional Justice and the Public Sphere Book PDF

Author : Chrisje Brants,Susanne Karstedt
Publisher : Bloomsbury Publishing
Page : 360 pages
File Size : 51,9 Mb
Release : 2017-11-02
Category : Law
ISBN : 9781509900183

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Transitional Justice and the Public Sphere by Chrisje Brants,Susanne Karstedt Pdf

Transparency is a fundamental principle of justice. A cornerstone of the rule of law, it allows for public engagement and for democratic control of the decisions and actions of both the judiciary and the justice authorities. This book looks at the question of transparency within the framework of transitional justice. Bringing together scholars from across the disciplinary spectrum, the collection analyses the issue from socio-legal, cultural studies and practitioner perspectives. Taking a three-part approach, it firstly discusses basic principles guiding justice globally before exploring courts and how they make justice visible. Finally, the collection reviews the interface between law, transitional justice institutions and the public sphere.

Transitional Justice

Louise Mallinder,Kieran McEvoy
Transitional Justice Book PDF

Author : Louise Mallinder,Kieran McEvoy
Publisher : Unknown
Page : 128 pages
File Size : 47,7 Mb
Release : 2017
Category : Human rights
ISBN : 041571995X

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Transitional Justice by Louise Mallinder,Kieran McEvoy Pdf

"Scholars and practitioners working in 'transitional justice' are concerned with remedies of accountability and redress in the aftermath of conflict and state repression. Transitional justice, it is argued, provides recognition of the rights of victims, promotes civic trust, and strengthens the democratic rule of law ... The collection covers themes such as: truth and history; acknowledgement, reconciliation, and forgiveness; retribution, restorative justice and reparations; and democracy, state-building, identity, and civil society."--

Transitional Justice, Peace and Accountability

Jessica Lincoln
Transitional Justice Peace and Accountability Book PDF

Author : Jessica Lincoln
Publisher : Taylor & Francis
Page : 209 pages
File Size : 50,6 Mb
Release : 2011-03-18
Category : History
ISBN : 9781136728013

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Transitional Justice, Peace and Accountability by Jessica Lincoln Pdf

The book looks at the outreach and communication strategies employed by internationalised courts to try to understand the wider impact of international justice. This book critically examines the role of outreach within international justice focusing specifically on the role of outreach at the Special Court for Sierra Leone (SCSL). It contributes to understanding of the relationship between international courts and the affected populations; an area currently underexplored and little understood. The assumption that justice brings peace underpins much of the thinking, and indeed action, of international justice, yet little is known if this is actually the case. Significant questions surrounding the link between peace and justice remain: do trials deter would-be war criminals; is justice possible for the most heinous crimes; can international justice replace local justice? This book explores these questions in relation to recent developments in international justice that have both informed and shaped the creation of the hybrid tribunal in Sierra Leone. Through empirical analysis, Transitional Justice, Peace and Accountability, answers these questions and provides an insight into individual and community perceptions of international justice. This book will be of much interest to students of transitional justice, war crimes, peace and conflict studies, human rights, international law, and IR in general.

Transitional Justice

Ruti G. Teitel
Transitional Justice Book PDF

Author : Ruti G. Teitel
Publisher : Oxford University Press
Page : 404 pages
File Size : 42,6 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.

Transitional Justice Theories

Susanne Buckley-Zistel,Teresa Koloma Beck,Christian Braun,Friederike Mieth
Transitional Justice Theories Book PDF

Author : Susanne Buckley-Zistel,Teresa Koloma Beck,Christian Braun,Friederike Mieth
Publisher : Routledge
Page : 264 pages
File Size : 52,8 Mb
Release : 2013-10-30
Category : Law
ISBN : 9781135055059

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Transitional Justice Theories by Susanne Buckley-Zistel,Teresa Koloma Beck,Christian Braun,Friederike Mieth Pdf

Transitional Justice Theories is the first volume to approach the politically sensitive subject of post-conflict or post-authoritarian justice from a theoretical perspective. It combines contributions from distinguished scholars and practitioners as well as from emerging academics from different disciplines and provides an overview of conceptual approaches to the field. The volume seeks to refine our understanding of transitional justice by exploring often unarticulated assumptions that guide discourse and practice. To this end, it offers a wide selection of approaches from various theoretical traditions ranging from normative theory to critical theory. In their individual chapters, the authors explore the concept of transitional justice itself and its foundations, such as reconciliation, memory, and truth, as well as intersections, such as reparations, peace building, and norm compliance. This book will be of particular interest for scholars and students of law, peace and conflict studies, and human rights studies. Even though highly theoretical, the chapters provide an easy read for a wide audience including readers not familiar with theoretical investigations.