TRANSITIONAL JUSTICE IN THE TWENTY FIRST CENTURY BEYOND TRUTH VERSUS JUSTICE

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Transitional Justice In The Twenty First Century

Author : Naomi Roht-Arriaza
ISBN : 9781139458658
Genre : Social Science
File Size : 85.73 MB
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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.
Category: Social Science

Peace And Justice

Author : Rachel Kerr
ISBN : 9780745634227
Genre : Law
File Size : 87.10 MB
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Taking as its starting point the post-World War II tribunals at Nuremburg and Tokyo, this 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.
Category: Law

Reconciliation In Divided Societies

Author : Erin Daly
ISBN : 081220638X
Genre : Juvenile Nonfiction
File Size : 32.35 MB
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"As nations struggling to heal wounds of civil war and atrocity turn toward the model of reconciliation, Reconciliation in Divided Societies takes a systematic look at the political dimensions of this international phenomenon. . . . The book shows us how this transformation happens so that we can all gain a better understanding of how, and why, reconciliation really works. It is an almost indispensable tool for those who want to engage in reconciliation"—from the foreword by Archbishop Emeritus Desmond Tutu As societies emerge from oppression, war, or genocide, their most important task is to create a civil society strong and stable enough to support democratic governance. More and more conflict-torn countries throughout the world are promoting reconciliation as central to their new social order as they move toward peace and stability. Scores of truth and reconciliation commissions are helping bring people together and heal the wounds of deeply divided societies. Since the South African transition, countries as diverse as Timor Leste, Sierra Leone, Fiji, Morocco, and Peru have placed reconciliation at the center of their reconstruction and development programs. Other efforts to promote reconciliation—including trials and governmental programs—are also becoming more prominent in transitional times. But until now there has been no real effort to understand exactly what reconciliation could mean in these different situations. What does true reconciliation entail? How can it be achieved? How can its achievement be assessed? This book digs beneath the surface to answer these questions and explain what the concepts of truth, justice, forgiveness, and reconciliation really involve in societies that are recovering from internecine strife. Looking to the future as much as to the past, Erin Daly and Jeremy Sarkin maintain that reconciliation requires fundamental political and economic reform along with personal healing if it is to be effective in establishing lasting peace and stability. Reconciliation, they argue, is best thought of as a means for transformation. It is the engine that enables victims to become survivors and divided societies to transform themselves into communities where people work together to raise children and live productive, hopeful lives. Reconciliation in Divided Societies shows us how this transformation happens so that we can all gain a better understanding of how and why reconciliation is actually accomplished.
Category: Juvenile Nonfiction

Violence Law And The Impossibility Of Transitional Justice

Author : Catherine Turner
ISBN : 9781317441403
Genre : Political Science
File Size : 74.91 MB
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The field of transitional justice has expanded rapidly since the term first emerged in the late 1990s. Its intellectual development has, however, tended to follow practice rather than drive it. Addressing this gap, Violence, Law and the Impossibility of Transitional Justice pursues a comprehensive theoretical inquiry into the foundation and evolution of transitional justice. Presenting a detailed deconstruction of the role of law in transition, the book explores the reasons for resistance to transitional justice. It explores the ways in which law itself is complicit in perpetuating conflict, and asks whether a narrow vision of transitional justice – underpinned by a strictly normative or doctrinal concept of law – can undermine the promise of justice. Drawing on case material, as well as on perspectives from a range of disciplines, including law, political science, anthropology and philosophy, this book will be of considerable interest to those concerned with the theory and practice of transitional justice.
Category: Political Science

Identity Reconciliation And Transitional Justice

Author : Nevin T. Aiken
ISBN : 9781135086688
Genre : Law
File Size : 76.26 MB
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Building upon an interdisciplinary synthesis of recent literature from the fields of transitional justice and conflict transformation, this book introduces a groundbreaking theoretical framework that highlights the critical importance of identity in the relationship between transitional justice and reconciliation in deeply divided societies. Using this framework, Aiken argues that transitional justice interventions will be successful in promoting reconciliation and sustainable peace to the extent that they can help to catalyze those crucial processes of ‘social learning’ needed to transform the antagonistic relationships and identifications that divide post-conflict societies even after the signing of formal peace agreements. Combining original field research and an extensive series of expert interviews, Aiken applies this social learning model in a comprehensive examination of both the South African Truth and Reconciliation Commission and the uniquely ‘decentralized’ approach to transitional justice that has emerged in Northern Ireland. By offering new insight into the experiences of these countries, Aiken provides compelling firsthand evidence to suggest that transitional justice interventions can best contribute to post-conflict reconciliation if they not only provide truth and justice for past human rights abuses, but also help to promote contact, dialogue and the amelioration of structural and material inequalities between former antagonists. Identity, Reconciliation and Transitional Justice makes a timely contribution to debates about how to best understand and address past human rights violations in post-conflict societies, and it offers a valuable resource to students, scholars, practitioners and policymakers dealing with these difficult issues.
Category: Law

Transitional Justice

Author : Alexander Laban Hinton
ISBN : 9780813550695
Genre : Political Science
File Size : 85.85 MB
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How do societies come to terms with the aftermath of genocide and mass violence, and how might the international community contribute to this process? Recently, transitional justice mechanisms such as tribunals and truth commissions have emerged as a favored means of redress. Transitional Justice, the first edited collection in anthropology focused directly on this issue, argues that, however well-intentioned, transitional justice needs to more deeply grapple with the complexities of global and transnational involvements and the local on-the-ground realities with which they intersect.Contributors consider what justice means and how it is negotiated in different localities where transitional justice efforts are underway after genocide and mass atrocity. They address a variety of mechanisms, among them, a memorial site in Bali, truth commissions in Argentina and Chile, First Nations treaty negotiations in Canada, violent youth groups in northern Nigeria, the murder of young women in post-conflict Guatemala, and the gacaca courts in Rwanda.
Category: Political Science

Impunity And Human Rights In International Law And Practice

Author : Naomi Roht-Arriaza
ISBN : 0195359712
Genre : Political Science
File Size : 35.90 MB
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As dictatorships topple around the world and transitional regimes emerge from the political rubble, the new governments inherit a legacy of widespread repression against the civilian population. This repression ranges from torture, forced disappearances, and imprisonment to the killings of both real and perceived political opponents. Nonetheless, the official status of the perpetrators shields them from sanction, creating a culture of impunity in which the most inhumane acts can be carried out without fear of repercussions. The new governments wrestle with whether or not to investigate prior wrongdoings by state officials. They must determine who, if any, of those responsible for the worst crimes should be brought to justice, even if this means annulling a previous amnesty law or risking a violent backlash by military or security forces. Finally, they have to decide how to compensate the victims of this repression, if at all. Beginning with a general consideration of theories of punishment and redress for victims, Impunity and Human Rights in International Law and Practice explores how international law provides guidance on these issues of investigation, prosecution, and compensation. It reviews some of the more well-known historical examples of societies grappling with impunity, including those arising from the Second World War and from the fall of the Greek, Spanish, and Portuguese dictatorships in the 1970s. Country studies from around the world look at how the problem of impunity has been dealt with in practice in the last two decades. The work then distills these experiences into a general discussion of what has and hasn't worked. It concludes by considering the role of international law and institutions in the future, especially given renewed interest in international mechanisms to punish wrong-doers. As individuals, governments, and international organizations come to grips with histories of repression and impunity in countries around the world, the need to define legal procedures and criteria for dealing with past abuses of human rights takes on a special importance. Impunity and Human Rights in International Law and Practice aims to share their experiences in the hope that lawyers, scholars, and activists in those countries where dealing with the past is only now becoming an imperative may learn from those who have recently confronted similar challenges. This work will be essential reading for lawyers, political and social scientists, historians and journalists, as well as human rights experts concerned with this important issue.
Category: Political Science

Transitional Justice In Practice

Author : Renée Jeffery
ISBN : 1137596945
Genre : Political Science
File Size : 44.48 MB
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This book examines the practice of transitional justice in the Solomon Islands from the period of the ‘The Tensions’ to the present. In late 1998, the Solomon Islands were plunged into a period of violent civil conflict precipitated by a complex web of grievances, injustices, ethnic tensions, and economic insecurities. This conflict dragged on until the middle of 2003, leaving an estimated 200 people dead and more than 20 000 displaced from their homes. In the time that has elapsed since the end of The Tensions, numerous—at times incompatible—approaches to transitional justice have been implemented in the Solomon Islands. The contributors to this volume examine how key global trends and debates about transitional justice were played out in the Solomon Islands, how its key mechanisms were adapted to meet the specific demands of post-conflict justice in this local context, and how well its practices and processes fulfilled their perceived functions.
Category: Political Science

Transitional Justice In Balance

Author : Tricia D. Olsen
ISBN : 1601270534
Genre : Philosophy
File Size : 52.29 MB
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"This volume offers new insights ans perspectives, seeking to answer the crucial questions: How does one judge or evaluate transitional justice?' The author have made an important addition to empirically grounded theory of transitioanl justice. This highly readable volume will be accessible to scholrly audiencesin diverse disciplines, as well as t ononacademic, general audiences, including journalists, policy analysts, and all those interested in foreign affaries and justice issues."---Ruti Teitel, Ernst C. stiefel Professor of Comparative Law, New York Law School In the first project of its kind to compare multiple combinations of mechanisms across regions, countries and time, Transitional Justice in Balance: Comparing Processes, Weighing Efficacy systematiclly analyzes the claims made in the literature using a vast array of data, which the authors have assembled in the Transitional Justice Data Base. Trials, truth commssions, amnesties, reaprations, and lustration policies--- the main focus of the literature to date---are among the 854 transitional justice mechanisms, Which were implemented in 161 countries from 1970 to 2007 and included in this database. The authors use the datavbase to explore the adoption of transitional justice and its deffectiveness in achieving its priamray goals of strengthening democracy and reducing human rights violations. This book summarizes the finding s and develops a new theoretical aproach to transitional justice, groundded in cross-national empiricical analysis.
Category: Philosophy