Understanding The Age Of Transitional Justice

Author : Nanci Adler
Publisher : Rutgers University Press
Page : 0 pages
File Size : 50,6 Mb
Release : 2018-06-22
Category : Law
ISBN : 0813597773

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Understanding the Age of Transitional Justice by Nanci Adler Pdf

Since the 1980s, an array of legal and non-legal practices—labeled Transitional Justice—has been developed to support post-repressive, post-authoritarian, and post-conflict societies in dealing with their traumatic past. In Understanding the Age of Transitional Justice, the contributors analyze the processes, products, and efficacy of a number of transitional justice mechanisms and look at how genocide, mass political violence, and historical injustices are being institutionally addressed. They invite readers to speculate on what (else) the transcripts produced by these institutions tell us about the past and the present, calling attention to the influence of implicit history conveyed in the narratives that have gained an audience through international criminal tribunals, trials, and truth commissions. Nanci Adler has gathered leading specialists to scrutinize the responses to and effects of violent pasts that provide new perspectives for understanding and applying transitional justice mechanisms in an effort to stop the recycling of old repressions into new ones.

Author : Nanci Adler
Publisher : Rutgers University Press
Page : 329 pages
File Size : 50,9 Mb
Release : 2018-06-22
Category : Law
ISBN : 9780813597782

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Understanding the Age of Transitional Justice by Nanci Adler Pdf

Since the 1980s, an array of legal and non-legal practices—labeled Transitional Justice—has been developed to support post-repressive, post-authoritarian, and post-conflict societies in dealing with their traumatic past. In Understanding the Age of Transitional Justice, the contributors analyze the processes, products, and efficacy of a number of transitional justice mechanisms and look at how genocide, mass political violence, and historical injustices are being institutionally addressed. They invite readers to speculate on what (else) the transcripts produced by these institutions tell us about the past and the present, calling attention to the influence of implicit history conveyed in the narratives that have gained an audience through international criminal tribunals, trials, and truth commissions. Nanci Adler has gathered leading specialists to scrutinize the responses to and effects of violent pasts that provide new perspectives for understanding and applying transitional justice mechanisms in an effort to stop the recycling of old repressions into new ones.

Author : Gerhard Werle,Moritz Vormbaum
Publisher : Springer Nature
Page : 160 pages
File Size : 44,7 Mb
Release : 2022-09-08
Category : Law
ISBN : 9783662651513

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Transitional Justice by Gerhard Werle,Moritz Vormbaum Pdf

The expression “transitional justice” emerged at the end of the Cold War, during the transition from dictatorships to democracies, and serves as a central concept in dealing with systemic injustice. This textbook examines the basic principles of transitional justice and explores its core mechanisms, including prosecutions, amnesties, truth commissions, reparations, and vetting the public service. It elaborates the substance and legal framework of these mechanisms and discusses current challenges. The book provides extensive material illustrating a wide variety of transitional justice situations. “This book summarizes the subjects of transitional justice and Vergangenheitsbewältigung systematically and clearly” (Joachim Gauck, German Federal President, 2012-2017).

Author : Paolo Caroli
Publisher : Taylor & Francis
Page : 336 pages
File Size : 45,7 Mb
Release : 2022-06-10
Category : History
ISBN : 9781000593334

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Transitional Justice in Italy and the Crimes of Fascism and Nazism by Paolo Caroli Pdf

This book presents a comprehensive analysis of the Italian experience of transitional justice examining how the crimes of Fascism and World War II have been dealt with from a comparative perspective. Applying an interdisciplinary and comparative methodology, the book offers a detailed reconstruction of the prosecution of the crimes of Fascism and the Italian Social Republic as well as crimes committed by Nazi soldiers against Italian civilians and those of the Italian army against foreign populations. It also explores the legal qualification and prosecution of the actions of the Resistance. Particular focus is given to the Togliatti Amnesty, the major turning point, through comparisons to the wider European post-WWII transitional scenario and other relevant transitional amnesties, allowing consideration of the intense debate on the legitimacy of amnesties under international law. The book evaluates the Italian experience and provides an ideal framework to assess the complexity of the interdependencies between time, historical memory and the use of criminal law. In a historical moment marked by the resurgence of racism, neo-fascism, falsifications of the past, as well as the desire to amend the faults of the past, the Italian unfinished experience of dealing with the Fascist era can help move the discussion forward. The book will be essential reading for students, researchers and academics in International Criminal Law, Transitional Justice, History, Memory Studies and Political Science.

Author : K. Fisher
Publisher : Springer
Page : 886 pages
File Size : 48,5 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.

Author : Jared O. Bell
Publisher : Vernon Press
Page : 154 pages
File Size : 51,7 Mb
Release : 2019-05-15
Category : Law
ISBN : 9781622735976

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Frozen Justice: Lessons from Bosnia and Herzegovina’s Failed Transitional Justice Strategy by Jared O. Bell Pdf

In May 1993 the United Nations Security Council founded the International Criminal Tribunal for the former Yugoslavia (ICTY). Based in the Hague, Netherlands, the ICTY was formed with the objective of prosecuting those who had committed war crimes, crimes against humanity and genocide in Bosnia and Herzegovina and elsewhere in the former Yugoslavia during the early to mid-90s. During its mandate (1993-2017), the tribunal heard many cases and tried numerous perpetrators, from those who carried out the killings to those who orchestrated and ordered them. In spite of its accomplishments, the ICTY is considered to be highly controversial. It is debated if the ICTY did enough to foster healing and reconciliation in many of the conflict-torn societies. Many scholars argue that the tribunal operated adequately within their mandate and sought to promote justice and reconciliation, however, those who lived through the brutal wars would argue that there has simply been no justice. Importantly, Bosnia and Herzegovina still remains a country divided by issues of post-conflict justice, among other things. In 2010 a government-led strategic plan emerged that was intended to deal with the unfinished “business” of justice and promote reconciliation throughout the country. However, it failed to do this, and there is currently no political will or momentum to revive it. But, was this strategy doomed to failure from the beginning? In the form of a quantitative study, this book examines the possibility of reconciliation being achieved in Bosnia and Herzegovina through the methods fostered by the strategy. Focusing on three major cities, Sarajevo, Mostar, and Banja Luka, Dr. Jared Bell surveyed nearly 500 people in order to shed light on the subject of the national transitional justice strategy and reconciliation from the perspective of the everyday populace.

Author : Naomi Roht-Arriaza,Javier Mariezcurrena
Publisher : Cambridge University Press
Page : 317 pages
File Size : 55,8 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.

Author : Francesca Lessa,Leigh A. Payne
Publisher : Cambridge University Press
Page : 457 pages
File Size : 44,6 Mb
Release : 2012-05-28
Category : Law
ISBN : 9781107025004

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Amnesty in the Age of Human Rights Accountability by Francesca Lessa,Leigh A. Payne Pdf

This edited volume brings together well-established and emerging scholars of transitional justice to discuss the persistence of amnesty in the age of human rights accountability. The volume attempts to reframe debates, moving beyond the limited approaches of 'truth versus justice' or 'stability versus accountability' in which many of these issues have been cast in the existing scholarship. The theoretical and empirical contributions in this book offer new ways of understanding and tackling the enduring persistence of amnesty in the age of accountability. In addition to cross-national studies, the volume encompasses eleven country cases of amnesty for past human rights violations: Argentina, Brazil, Cambodia, El Salvador, Guatemala, Indonesia, Rwanda, South Africa, Spain, Uganda and Uruguay. The volume goes beyond merely describing these case studies, but also considers what we learn from them in terms of overcoming impunity and promoting accountability to contribute to improvements in human rights and democracy.

Author : Cécile Aptel,Virginie Ladisch,International Center for Transitional Justice
Publisher : Unknown
Page : 45 pages
File Size : 55,5 Mb
Release : 2011-08
Category : Children and war
ISBN : 1936064154

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Through a New Lens by Cécile Aptel,Virginie Ladisch,International Center for Transitional Justice Pdf

Author : Leonie Steinl
Publisher : Springer
Page : 421 pages
File Size : 54,5 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.

Author : Zachary D. Kaufman
Publisher : Oxford University Press
Page : 433 pages
File Size : 50,7 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 : Elin Skaar,Camila Gianella Malca,Trine Eide
Publisher : Routledge
Page : 218 pages
File Size : 45,9 Mb
Release : 2015-04-17
Category : Law
ISBN : 9781317696919

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After Violence by Elin Skaar,Camila Gianella Malca,Trine Eide Pdf

After Violence: Transitional Justice, Peace, and Democracy examines the effects of transitional justice on the development of peace and democracy. Anticipated contributions of transitional justice mechanisms are commonly stated in universal terms, with little regard for historically specific contexts. Yet a truth commission, for example, will not have the same function in a society torn by long-term civil war or genocide as in a society emerging from authoritarian repression. Addressing trials, reparations, truth commissions, and amnesties, the book systematically addresses the experiences of four very different contemporary transitional justice cases: post-authoritarian Uruguay and Peru and post-conflict Rwanda and Angola. Its analysis demonstrates that context is a crucial determinant of the impact of transitional justice processes, and identifies specific contextual obstacles and limitations to these processes. The book will be of much interest to scholars in the fields of transitional justice and peacebuilding, as well as students generally concerned with human rights and democratisation.

Author : Ruti G. Teitel
Publisher : Oxford University Press
Page : 256 pages
File Size : 45,6 Mb
Release : 2014-04-02
Category : Law
ISBN : 9780190291136

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Globalizing Transitional Justice by Ruti G. Teitel Pdf

Among the most prominent and significant political and legal developments since the end of the Cold War is the proliferation of mechanisms for addressing the complex challenges of transition from authoritarian rule to human rights-based democratic constitutionalism, particularly with regards to the demands for accountability in relation to conflicts and abuses of the past. Whether one thinks of the Middle East, South Africa, the Balkans, Latin America, or Cambodia, an extraordinary amount of knowledge has been gained and processes instituted through transitional justice. No longer a byproduct or afterthought, transitional justice is unquestionably the driver of political change. In Globalizing Transitional Justice, Ruti G. Teitel provides a collection of her own essays that embody her evolving reflections on the practice and discourse of transitional justice since her book Transitional Justice published back in 2000. In this new book, Teitel focuses on the ways in which transitional justice concepts have found legal expression, especially through human rights law and jurisprudence, and international criminal law. These essays shed light on some of the difficult choices encountered in the design of transitional justice: criminal trials vs. amnesties, or truth commissions; domestic or international processes; peace and reconciliation vs. accountability and punishment. Transitional justice is considered not only in relation to political events and legal developments, but also in relation to the broader social and cultural tendencies of our times.

Author : William J. Chambliss,Raymond Michalowski,Ronald Kramer
Publisher : Willan
Page : 316 pages
File Size : 41,8 Mb
Release : 2013-05-13
Category : Social Science
ISBN : 9781134025558

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State Crime in the Global Age by William J. Chambliss,Raymond Michalowski,Ronald Kramer Pdf

This book brings together original writings from leading scholars in the field to explore the many ways that the use and abuse of state power results in grave social harms that outweigh, by far, the consequences of ordinary street crime. The topics covered include the crimes of empire, illegal war, the bombing of civilians, state sanctioned torture, state sacrifice of human lives, and judicial wrongdoing.

Author : Michelle Frances Carmody
Publisher : Springer
Page : 244 pages
File Size : 41,8 Mb
Release : 2018-04-27
Category : History
ISBN : 9783319783932

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Human Rights, Transitional Justice, and the Reconstruction of Political Order in Latin America by Michelle Frances Carmody Pdf

In Argentina and elsewhere in Latin America, decades after the fall of authoritarian regimes in the 1970s, transitional justice has proven to be anything but transitional—it has become a cornerstone of state policy and a powerful tool of state formation. Contextualizing cultural and political shifts in Argentina after the 1976 military coup with comparisons to other countries in the Southern Cone, Michelle Frances Carmody argues that incorporating human rights practices into official policy became a way for state actors to both build the authority of the state and manage social conflict, a key aim of post-Cold War democracies. By examining the relationship between transitional justice and the Latin American political order, this book illuminates overlooked dimensions of state formation in the age of human rights.