Transitional Justice in the Twenty-First Century

Transitional Justice in the Twenty-First Century
Author: Naomi Roht-Arriaza
Publisher: Cambridge University Press
Total Pages: 317
Release: 2006-09-14
Genre: Social Science
ISBN: 1139458655

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.

Peace, Reconciliation and Social Justice Leadership in the 21st Century

Peace, Reconciliation and Social Justice Leadership in the 21st Century
Author: H. Eric Schockman
Publisher: Emerald Group Publishing
Total Pages: 298
Release: 2019-09-23
Genre: Business & Economics
ISBN: 1838671951

Bringing together leading scholars and practitioners from the worlds of leadership, followership, transitional justice, and international law, this research provides a blueprint of how people-led, bottom-up, grassroots efforts can foster reconciliation and a more peaceful world.

Sympathizing with the Enemy

Sympathizing with the Enemy
Author: Nir Eisikovits
Publisher: Republic of Letters
Total Pages: 172
Release: 2010
Genre: Law
ISBN:

Since the demise of the Soviet Union, and, to a greater degree, after the collapse of apartheid in South Africa, interest in the transition from mass atrocity has swelled, but produced few systematic philosophical discussions of the notion of reconciliation until this work.

Closing the Books

Closing the Books
Author: Jon Elster
Publisher: Cambridge University Press
Total Pages: 316
Release: 2004-09-06
Genre: History
ISBN: 9780521548540

An analysis of transitional justice - retribution and reparation after a change of political regime - from Athens in the fifth century BC to the present. Part I, 'The Universe of Transitional Justice', describes more than thirty transitions, some of them in considerable detail, others more succinctly. Part II, 'The Analytics of Transitional Justice', proposes a framework for explaining the variations among the cases - why after some transitions wrongdoers from the previous regime are punished severely and in other cases mildly or not at all, and victims sometimes compensated generously and sometimes poorly or not at all. After surveying a broad range of justifications and excuses for wrongdoings and criteria for selecting and indemnifying victims, the 2004 book concludes with a discussion of three general explanatory factors: economic and political constraints, the retributive emotions, and the play of party politics.

New Critical Spaces in Transitional Justice

New Critical Spaces in Transitional Justice
Author: Arnaud Kurze
Publisher: Indiana University Press
Total Pages: 306
Release: 2019-01-10
Genre: Political Science
ISBN: 0253039932

Since the 1980s, transitional justice mechanisms have been increasingly applied to account for mass atrocities and grave human rights violations throughout the world. Over time, post-conflict justice practices have expanded across continents and state borders and have fueled the creation of new ideas that go beyond traditional notions of amnesty, retribution, and reconciliation. Gathering work from contributors in international law, political science, sociology, and history, New Critical Spaces in Transitional Justice addresses issues of space and time in transitional justice studies. It explains new trends in responses to post-conflict and post-authoritarian nations and offers original empirical research to help define the field for the future.

The Cambridge Companion to International Criminal Law

The Cambridge Companion to International Criminal Law
Author: William Schabas
Publisher: Cambridge University Press
Total Pages: 421
Release: 2016-01-07
Genre: Law
ISBN: 1107052335

An authoritative introduction to international criminal law written by renowned international lawyers, judges, prosecutors, criminologists and historians.

Transitional Justice in Latin America

Transitional Justice in Latin America
Author: Elin Skaar
Publisher: Routledge
Total Pages: 353
Release: 2016-10-27
Genre: Law
ISBN: 1317526201

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 from Below

Transitional Justice from Below
Author: Kieran McEvoy
Publisher: Bloomsbury Publishing
Total Pages: 274
Release: 2008-07-15
Genre: Political Science
ISBN: 1847314422

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".

Rethinking Transitional Justice for the Twenty-First Century

Rethinking Transitional Justice for the Twenty-First Century
Author: Dustin N. Sharp
Publisher: Cambridge University Press
Total Pages: 209
Release: 2018-03-01
Genre: Political Science
ISBN: 1108613330

Transitional justice is the dominant lens through which the world grapples with legacies of mass atrocity, and yet it has rarely reflected the diversity of peace and justice traditions around the world. Hewing to a largely western and legalist script, truth commissions and war crimes tribunals have become the default means of 'doing justice'. Rethinking Transitional Justice for the Twenty-First Century puts the blind spots and assumptions of transitional justice under the microscope, and asks whether the field might be re-imagined to better suit the diversity and realities of the twenty-first century. At the core of this re-imagining is an examination of the broader field of post-conflict peace building and associated critical theory, from which both caution and inspiration can be drawn. By using this lens, Dustin N. Sharp shows how we might begin to generate a more cosmopolitan and mosaic theory, and imagine more creative and context-sensitive approaches to building peace with justice.