US Foreign Policy on Transitional Justice by Annie R. Bird

US Foreign Policy on Transitional Justice
  • Title : US Foreign Policy on Transitional Justice
  • Author : Annie R. Bird
  • Publisher : Oxford University Press, USA
  • ISBN Code : 0199338418
  • Pages : 223
  • Format : Pdf - ePub
  • Language : English
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Summary:

Despite the diverse interests of Presidents, Congress, and the State Department, this book argues that US foreign policy on transitional justice is surprisingly consistent, characterised by an approach that is value-driven, strategic, and retributive, and that has influenced the field as a whole.


United States Law and Policy on Transitional Justice by Zachary D. Kaufman

United States Law and Policy on Transitional Justice
  • Title : United States Law and Policy on Transitional Justice
  • Author : Zachary D. Kaufman
  • Publisher : Oxford University Press
  • ISBN Code : 0190655488
  • Pages : 388
  • Format : Pdf - ePub
  • Language : English
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Summary:

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.


Transitional Justice, International Assistance, and Civil Society by Paige Arthur,Christalla Yakinthou

Transitional Justice, International Assistance, and Civil Society
  • Title : Transitional Justice, International Assistance, and Civil Society
  • Author : Paige Arthur,Christalla Yakinthou
  • Publisher : Cambridge University Press
  • ISBN Code : 1107166780
  • Pages : 250
  • Format : Pdf - ePub
  • Language : English
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Summary:

Explores how international assistance shapes transitional justice around the world, and asks how civil society can play a larger role in them.


Transitional Justice and Peacebuilding on the Ground by Chandra Lekha Sriram

Transitional Justice and Peacebuilding on the Ground
  • Title : Transitional Justice and Peacebuilding on the Ground
  • Author : Chandra Lekha Sriram
  • Publisher : Routledge
  • ISBN Code : 0415637597
  • Pages : 303
  • Format : Pdf - ePub
  • Language : English
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Summary:

Présentation de l'éditeur : "This book seeks to refine our understanding of transitional justice and peacebuilding, and long-term security and reintegration challenges after violent conflicts. As recent events following political change during the so-called 'Arab Spring' demonstrate, demands for accountability often follow or attend conflict and political transition. While, traditionally, much literature and many practitioners highlighted tensions between peacebuilding and justice, recent research and practice demonstrates a turn away from the supposed 'peace vs justice' dilemma. This volume examines the complex, often contradictory but sometimes complementary relationship between peacebuilding and transitional justice through the lenses of the increased emphasis on victim-centred approaches to justice and the widespread practices of disarmament, demobilization, and reintegration (DDR) of excombatants. While recent volumes have sought to address either DDR or victim-centred approaches to justice, none has sought to make connections between the two, much less to place them in the larger context of the increasing linkages between transitional justice and peacebuilding . This book will be of much interest to students of transitional justice, peacebuilding, human rights, war and conflict studies, security studies and IR."


Research Handbook on Transitional Justice by D Jacobs

Research Handbook on Transitional Justice
  • Title : Research Handbook on Transitional Justice
  • Author : D Jacobs
  • Publisher : Edward Elgar Publishing
  • ISBN Code : 178195531X
  • Pages : N.A
  • Format : Pdf - ePub
  • Language : English
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Summary:

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.


The Syrian War by Hilly Moodrick-Even Khen,Nir T. Boms,Sareta Ashraph

The Syrian War
  • Title : The Syrian War
  • Author : Hilly Moodrick-Even Khen,Nir T. Boms,Sareta Ashraph
  • Publisher : Cambridge University Press
  • ISBN Code : 1108487807
  • Pages : 316
  • Format : Pdf - ePub
  • Language : English
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Summary:

A unique collaboration providing an analysis of the conflict in Syria, focusing on the integration between legal and political studies.


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

After Violence
  • Title : After Violence
  • Author : Elin Skaar,Camila Gianella Malca,Trine Eide
  • Publisher : Routledge
  • ISBN Code : 1317696913
  • Pages : 218
  • Format : Pdf - ePub
  • Language : English
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Summary:

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.


Transitional Justice in Latin America by Elin Skaar,Jemima García-Godos,Cath Collins,Lecturer School of Political Science Cath Collins

Transitional Justice in Latin America
  • Title : Transitional Justice in Latin America
  • Author : Elin Skaar,Jemima García-Godos,Cath Collins,Lecturer School of Political Science Cath Collins
  • Publisher : Routledge
  • ISBN Code : 9781138853249
  • Pages : 318
  • Format : Pdf - ePub
  • Language : English
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Summary:

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 by Ruti G. Teitel

Transitional Justice
  • Title : Transitional Justice
  • Author : Ruti G. Teitel
  • Publisher : Oxford University Press
  • ISBN Code : 019988224X
  • Pages : 404
  • Format : Pdf - ePub
  • Language : English
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Summary:

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 in Nepal by Yvette Selim

Transitional Justice in Nepal
  • Title : Transitional Justice in Nepal
  • Author : Yvette Selim
  • Publisher : Routledge
  • ISBN Code : 1351692194
  • Pages : 236
  • Format : Pdf - ePub
  • Language : English
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Summary:

The conflict in Nepal (1996 – 2006) resulted in an estimated 15,000 deaths, 1,300 disappearances, along with other serious human rights and humanitarian law violations. Demands for peace, democracy, accountability and development, have abounded in the post-conflict context. Although the conflict catalysed major changes in the social and political landscape in Nepal, the transitional justice (TJ) process has remained deeply contentious and fragmented. This book provides an in-depth analysis of transitional justice process in Nepal. Drawing on interviews with a diverse range of stakeholders, including victims, ex-combatants, community members, human rights advocates, journalists and representatives from diplomatic missions, international organisations and the donor community, it reveals the differing viewpoints, knowledge, attitudes and preferences about TJ and other post-conflict issues in Nepal. The author develops an actor typology and an action spectrum, which can be used in Nepal and other post-conflict contexts. The actor typology identifies four main groups of TJ actors—experts, brokers, implementers and victims—and highlights who is making claims and on behalf of whom. The action spectrum, based on contentious politics literature and resistance literature, demonstrates the strategies actors use to shape the TJ process. This book argues that the potential of TJ lies in these dynamics of contention. It is by letting these dynamics play out that different conceptualisations of TJ can arise. While doing so may lead to practical challenges and produce situations that are normatively undesirable for some actors, particularly when certain political parties and national actors seem to ‘hijack’ TJ, remaining steadfast to the dominant TJ paradigm is also undesirable. As the first book to provide a single case study on TJ in Nepal, it makes theoretical and empirical contributions to: TJ research in Nepal and the Asia-Pacific more broadly, the politics versus justice binary and the concept of victimhood, among others. It will be of interest to a wide range of scholars in the study of transitional justice, peace and conflict studies, human rights, sociology, political science, criminology, law, anthropology and South Asian Studies, as well as policy-makers and NGOs.


U.s. Foreign Policy and the Politics of Apology by Loramy Gerstbauer

U.s. Foreign Policy and the Politics of Apology
  • Title : U.s. Foreign Policy and the Politics of Apology
  • Author : Loramy Gerstbauer
  • Publisher :
  • ISBN Code : 9781138206366
  • Pages : 160
  • Format : Pdf - ePub
  • Language : English
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Summary:

The idea of contrition in international relations is relatively new territory and has garnered both praise and concern. On the one hand, public apologies and other forms of contrition have become fashionable, starting with celebrity diplomats and extending to politicians and entire nation-states. Yet, while contrition may be in vogue, it is still rare, especially at the level of interstate politics. The politics of apology often impede the extension of an olive branch, let alone an admission of wrongdoing. This book looks at why this is so, and the conditions under which public apology and other forms of redress for foreign policy transgressions may well enhance a nation's standing in the international community, especially that of a distinctly less than contrite superpower like the United States. Starting with Barack Obama's outreach to Muslims the world over at the outset of his first administration, the book proceeds to examine key cases of US foreign policy in which apology and contrition could have made the difference between a healthy transitional justice and the ongoing clash of culture and politics that seems to drive our international affairs. Looking at three cases that cry out for contrition--the Vietnam War and its aftermath, counterrevolution efforts in Nicaragua during the 1980s, and the recent U.S. war on terror and 2003 war in Iraq--Loramy Gerstbauer puts some of the most contentious moments of U.S. foreign policy in context with contemporary debates about the politics of apology, forgiveness, and the broader question of the value of contrition for nation-states the world over.


The Role of Courts in Transitional Justice by Jessica Almqvist,Carlos Esposito

The Role of Courts in Transitional Justice
  • Title : The Role of Courts in Transitional Justice
  • Author : Jessica Almqvist,Carlos Esposito
  • Publisher : Routledge
  • ISBN Code : 1136579257
  • Pages : 336
  • Format : Pdf - ePub
  • Language : English
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Summary:

Bringing together a group of outstanding judges, scholars and experts with first-hand experience in the field of transitional justice in Latin America and Spain, this book offers an insider’s perspective on the enhanced role of courts in prosecuting serious human rights violations and grave crimes, such as genocide and war crimes, committed in the context of a prior repressive regime or current conflict. The book also draws attention to the ways in which regional and international courts have come to contribute to the initiation of national judicial processes. All the contributions evince that the duty to investigate and prosecute grave crimes can no longer simply be brushed to the side in societies undergoing transitions. The Role of Courts in Transitional Justice is essential reading for practitioners, policy-makers and scholars engaged in the transitional justice processes or interested in judicial and legal perspectives on the role of courts, obstacles faced, and how they may be overcome. It is unique in its ambition to offer a comprehensive and systematic account of the Latin American and Spanish experience and in bringing the insights of renowned judges and experts in the field to the forefront of the discussion.


Current Issues in Transitional Justice by Natalia Szablewska,Sascha-Dominik Bachmann

Current Issues in Transitional Justice
  • Title : Current Issues in Transitional Justice
  • Author : Natalia Szablewska,Sascha-Dominik Bachmann
  • Publisher : Springer
  • ISBN Code : 3319093908
  • Pages : 376
  • Format : Pdf - ePub
  • Language : English
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Summary:

This volume is an inter-disciplinary scholarly resource bringing together contributions from writers, experienced academics and practitioners working in fields such as human rights, humanitarian law, public policy, psychology, cultural and peace studies, and earth jurisprudence. This collection of essays presents the most up to date knowledge and status of the field of transitional justice, and also highlights the emerging debates in this area, which are often overseen and underdeveloped in the literature. The volume provides a wide coverage of the arguments relating to controversial issues emanating from different regions of the world. The book is divided into four parts which groups different aspects of the problems and issues facing transitional justice as a field, and its processes and mechanisms more specifically. Part I concentrates on the traditional means and methods of dealing with past gross abuses of power and political violence. In this section, the authors also expand and often challenge the ways that these processes and mechanisms are conceptualised and introduced. Part II provides a forum for the contributors to share their first hand experiences of how traditional and customary mechanisms of achieving justice can be effectively utilised. Part III includes a collection of essays which challenges existing transitional justice models and provides new lenses to examine the formal and traditional processes and mechanisms. It aims to expose insufficiencies and some of the inherent practical and jurisprudential problems facing the field. Finally, Part IV, looks to the future by examining what remedies can be available today for abuses of rights of the future generations and those who have no standing to claim their rights, such as the environment.


New Critical Spaces in Transitional Justice by Arnaud K. Kurze,Christopher Lamont

New Critical Spaces in Transitional Justice
  • Title : New Critical Spaces in Transitional Justice
  • Author : Arnaud K. Kurze,Christopher Lamont
  • Publisher : Indiana University Press
  • ISBN Code : 0253039932
  • Pages : 288
  • Format : Pdf - ePub
  • Language : English
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Summary:

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.


Children and Transitional Justice by Sharanjeet Parmar,Mindy Jane Roseman,Saudamini Siegrist,Theo Sowa

Children and Transitional Justice
  • Title : Children and Transitional Justice
  • Author : Sharanjeet Parmar,Mindy Jane Roseman,Saudamini Siegrist,Theo Sowa
  • Publisher : Harvard University Press
  • ISBN Code : 9780979639548
  • Pages : 417
  • Format : Pdf - ePub
  • Language : English
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Summary:

Children are increasingly a focus of international and national courts and truth commissions. This book includes analysis of the recent involvement of children in transitional justice processes in Liberia, Peru, Sierra Leone, and South Africa, and emphasizes how children must be engaged during post-conflict transition.


Justice and Economic Violence in Transition by Dustin N. Sharp

Justice and Economic Violence in Transition
  • Title : Justice and Economic Violence in Transition
  • Author : Dustin N. Sharp
  • Publisher : Springer Science & Business Media
  • ISBN Code : 1461481724
  • Pages : 328
  • Format : Pdf - ePub
  • Language : English
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Summary:

​​​​This book examines the role of economic violence (violations of economic and social rights, corruption, and plunder of natural resources) within the transitional justice agenda. Because economic violence often leads to conflict, is perpetrated during conflict, and continues afterwards as a legacy of conflict, a greater focus on economic and social rights issues in the transitional justice context is critical. One might add that insofar as transitional justice is increasingly seen as an instrument of peacebuilding rather than a simple political transition, focus on economic violence as the crucial “root cause” is key to preventing re-lapse into conflict. Recent increasing attention to economic issues by academics and truth commissions suggest this may be slowly changing, and that economic and social rights may represent the “next frontier” of transitional justice concerns. There remain difficult questions that have yet to be worked out at the level of theory, policy, and practice. Further scholarship in this regard is both timely, and necessary. This volume therefore presents an opportunity to fill an important gap. The project will bring together new papers by recognized and emerging scholars and policy experts in the field.​


Transitional Justice in the Twenty-First Century by Naomi Roht-Arriaza,Javier Mariezcurrena

Transitional Justice in the Twenty-First Century
  • Title : Transitional Justice in the Twenty-First Century
  • Author : Naomi Roht-Arriaza,Javier Mariezcurrena
  • Publisher : Cambridge University Press
  • ISBN Code : 1139458655
  • Pages : N.A
  • Format : Pdf - ePub
  • Language : English
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Summary:

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.


Socioeconomic Justice by Daniela Lai

Socioeconomic Justice
  • Title : Socioeconomic Justice
  • Author : Daniela Lai
  • Publisher : Cambridge University Press
  • ISBN Code : 1108836445
  • Pages : 200
  • Format : Pdf - ePub
  • Language : English
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Summary:

The first systematic analysis of socioeconomic violence in war and its implications for post-war justice processes. This book will appeal to students and researchers interested in international interventions in post-conflict countries, transitional justice, and how countries deal with the legacies of past violence.


Business, Human Rights and Transitional Justice by Irene Pietropaoli

Business, Human Rights and Transitional Justice
  • Title : Business, Human Rights and Transitional Justice
  • Author : Irene Pietropaoli
  • Publisher : Routledge
  • ISBN Code : 1000066061
  • Pages : 272
  • Format : Pdf - ePub
  • Language : English
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Summary:

This book considers the efficacy of transitional justice mechanisms in response to corporate human rights abuses. Corporations and other business enterprises often operate in countries affected by conflict or repressive regimes. As such, they may become involved in human rights violations and crimes under international law ‒ either as the main perpetrators or as accomplices by aiding and abetting government actors. Transitional justice mechanisms, such as trials, truth commissions, and reparations, have usually focused on abuses by state authorities or by non-state actors directly connected to the state, such as paramilitary groups. Innovative transitional justice mechanisms have, however, now started to address corporate accountability for human rights abuses and crimes under international law and have attempted to provide redress for victims. This book analyzes this development, assessing how transitional justice can provide remedies for corporate human rights abuses and crimes under international law. Canvassing a broad range of literature relating to international criminal law mechanisms, regional human rights systems, domestic courts, truth and reconciliation commissions, and land restitution programmes, this book evaluates the limitations and potential of each mechanism. Acknowledging the limited extent to which transitional justice has been able to effectively tackle the role of corporations in human rights violations and international crimes, this book nevertheless points the way towards greater engagement with corporate accountability as part of transitional justice. A valuable contribution to the literature on transitional justice and on business and human rights, this book will appeal to scholars, researchers and PhD students in these areas, as well as lawyers and other practitioners working on corporate accountability and transitional justice.


Corporate Accountability in the Context of Transitional Justice by Sabine Michalowski

Corporate Accountability in the Context of Transitional Justice
  • Title : Corporate Accountability in the Context of Transitional Justice
  • Author : Sabine Michalowski
  • Publisher : Routledge
  • ISBN Code : 1317577493
  • Pages : 268
  • Format : Pdf - ePub
  • Language : English
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Summary:

Corporate Accountability in the Context of Transitional Justice explores how corporations can be held accountable for their role in past human rights violations when a country is making a transition from conflict or repression to peace and democracy. It breaks new ground in theorizing the linkages between the areas of transitional justice and corporate accountability and analyzing problems frequently arising where the two fields meet in practice, for example where the role of corporations in past human rights violations is examined by truth and reconciliation commissions or in the course of litigation. The book provides an overview of the current trends in law and in legal and political discussion relating to both areas, as well as in-depth analysis of how tools of corporate accountability and transitional justice can complement each other in order to achieve the best outcomes for bringing justice to victims and lasting peace to societies. The authors bring extensive experience from diverse professional backgrounds and jurisdictions to provide the first sustained attempt to address this link. The book will be of interest to scholars, practitioners, policymakers and activists working in the areas of transitional justice; corporate accountability; and business and human rights.


The Cambridge Companion to International Criminal Law by N.A

The Cambridge Companion to International Criminal Law
  • Title : The Cambridge Companion to International Criminal Law
  • Author : N.A
  • Publisher :
  • ISBN Code : 1107052335
  • Pages : N.A
  • Format : Pdf - ePub
  • Language : English
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Summary:


American Transitional Justice by Natalie R. Davidson

American Transitional Justice
  • Title : American Transitional Justice
  • Author : Natalie R. Davidson
  • Publisher : Cambridge University Press
  • ISBN Code : 1108477704
  • Pages : 270
  • Format : Pdf - ePub
  • Language : English
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Summary:

Explores how two landmark transnational human rights lawsuits operated as transitional justice mechanisms in the former Western bloc.


Trauma and Transitional Justice in Divided Societies by Judy Barsalou

Trauma and Transitional Justice in Divided Societies
  • Title : Trauma and Transitional Justice in Divided Societies
  • Author : Judy Barsalou
  • Publisher : DIANE Publishing
  • ISBN Code : 1437904211
  • Pages : 12
  • Format : Pdf - ePub
  • Language : English
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Summary:


Transitional Justice by Ruti G. Teitel

Transitional Justice
  • Title : Transitional Justice
  • Author : Ruti G. Teitel
  • Publisher : Oxford University Press
  • ISBN Code : 019988224X
  • Pages : 404
  • Format : Pdf - ePub
  • Language : English
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Summary:

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.


Civil Society and Transitional Justice in Asia and the Pacific by Lia Kent,Joanne Wallis,Claire Cronin

Civil Society and Transitional Justice in Asia and the Pacific
  • Title : Civil Society and Transitional Justice in Asia and the Pacific
  • Author : Lia Kent,Joanne Wallis,Claire Cronin
  • Publisher : ANU Press
  • ISBN Code : 1760463299
  • Pages : 247
  • Format : Pdf - ePub
  • Language : English
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Summary:


Gender Politics in Transitional Justice by Catherine O'Rourke

Gender Politics in Transitional Justice
  • Title : Gender Politics in Transitional Justice
  • Author : Catherine O'Rourke
  • Publisher : Routledge
  • ISBN Code : 1135983690
  • Pages : 278
  • Format : Pdf - ePub
  • Language : English
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Summary:

What role do transitional justice processes play in determining the gender outcomes of transitions from conflict and authoritarianism? What is the impact of transitional justice processes on the human rights of women in states emerging from political violence? Gender Politics in Transitional Justice argues that human rights outcomes for women are determined in the space between international law and local gender politics. The book draws on feminist political science to reveal the key gender dynamics that shape the strategies of local women’s movements in their engagement with transitional justice, and the ultimate success of those strategies, termed ‘the local fit’. Also drawing on feminist doctrinal scholarship in international law, ‘the international frame’ examines the role of international law in defining harms against women in transitional justice and in determining the ‘from’ and ‘to’ of transitions from conflict and authoritarianism. This book locates evolving state practice in gender and transitional justice over the past two decades within the context of the enhanced protection of women’s human rights under international law. Relying on original empirical and legal research in Chile, Northern Ireland and Colombia, the book speaks more broadly to the study of gender politics and international law in transitional justice.


Feminist Perspectives on Transitional Justice by Martha Fineman,Estelle Zinsstag

Feminist Perspectives on Transitional Justice
  • Title : Feminist Perspectives on Transitional Justice
  • Author : Martha Fineman,Estelle Zinsstag
  • Publisher : Intersentia Uitgevers N V
  • ISBN Code : 9781780681429
  • Pages : 362
  • Format : Pdf - ePub
  • Language : English
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Summary:

Truth-seeking mechanisms, international criminal law developments, and other forms of transitional justice have become ubiquitous in societies emerging from long years of conflict, instability, and oppression, while moving toward the direction of a post-conflict, more peaceful era. In practice, both top-down and bottom-up approaches to transitional justice are being formally and informally developed in places such as South Africa, Liberia, Peru, Chile, the Democratic Republic of Congo, Sierra Leone, Rwanda, the former Yugoslavia, and Northern Ireland. Many studies, publications, conferences, and debates have taken place addressing these developments and providing elaboration of theories relating to transition justice generally. However, rarely have these processes been examined and critiqued through a feminist lens. The position of women, particularly their specific victimization, typically has not been taken into account in any systematic manner. Seldom do commentators specifically consider whether the recently developed mechanisms for promoting peace and reconciliation will actually help the position of women in a society moving out of repression or conflict. Post-conflict societies, because they must rebuild, are ideally poised to introduce standards that would enable and ensure the active participation of the entire population, including women, in rebuilding a more stable, fair, and democratic polity. This book offers some insights into women's perspectives and feminist views on the topic of transitional justice or 'justice in transition.' Bringing feminism into the conversation allows for an expansion of the possibilities for a transformative justice approach after a period of conflict or insecurity, not by replacing it with feminist theory, but by broadening the scope and vision of the potential responses. (Series: Transitional Justice - Vol. 13)


Understanding Transitional Justice by Giada Girelli

Understanding Transitional Justice
  • Title : Understanding Transitional Justice
  • Author : Giada Girelli
  • Publisher : Springer
  • ISBN Code : 3319536060
  • Pages : 335
  • Format : Pdf - ePub
  • Language : English
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Summary:

The book is an accurate and accessible introduction to the complex and dynamic field of transitional and post-conflict justice, providing an overview of its recurring concepts and debated issues. Particular attention is reserved to how these concepts and issues have been addressed, both theoretically and literally, by lawyers, policy-makers, international bodies, and other actors informing the practice. By presenting significant, if undeniably disputable, alternatives to mainstream theories and past methods of addressing past injustice and (re)building a democratic state, the work aims to illustrate some foundational themes of transitional justice that have emerged from a diverse set of discussions. The author’s position thus arrives from a careful analysis of the advantages and disadvantages of answers to the question: how, after a traumatic social experience, is justice restored?


U.S. Foreign Policy in a Year of Transition by Library of Congress. Foreign Affairs Division,United States. Congress. House. Committee on Foreign Affairs

U.S. Foreign Policy in a Year of Transition
  • Title : U.S. Foreign Policy in a Year of Transition
  • Author : Library of Congress. Foreign Affairs Division,United States. Congress. House. Committee on Foreign Affairs
  • Publisher :
  • ISBN Code :
  • Pages : 181
  • Format : Pdf - ePub
  • Language : English
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Summary:


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

Transitional Justice Theories
  • Title : Transitional Justice Theories
  • Author : Susanne Buckley-Zistel,Teresa Koloma Beck,Christian Braun,Friederike Mieth
  • Publisher : Routledge
  • ISBN Code : 1135055068
  • Pages : 228
  • Format : Pdf - ePub
  • Language : English
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Summary:

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.


The Politics of Transitional Justice in Latin America by Ezequiel A. Gonzalez-Ocantos

The Politics of Transitional Justice in Latin America
  • Title : The Politics of Transitional Justice in Latin America
  • Author : Ezequiel A. Gonzalez-Ocantos
  • Publisher : Cambridge University Press
  • ISBN Code : 9781108799089
  • Pages : 75
  • Format : Pdf - ePub
  • Language : English
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Summary:

How has Latin America pioneered the field of transitional justice (TJ)? Do approaches vary across the region? This Element describes Latin American innovations in trials and truth commissions, and evaluates two influential models that explain variation in TJ outcomes: the Huntingtonian and Justice Cascade approaches. It argues that scholars should complement these approaches with one that recognizes the importance of state capacity building and institutional change. To translate domestic/international political pressure and human rights norms into outcomes, states must develop 'TJ capabilities'. Not only should states be willing to pursue these highly complex policies, they must also develop competent bureaucracies.


US Foreign Policy by Michael Cox,Doug Stokes

US Foreign Policy
  • Title : US Foreign Policy
  • Author : Michael Cox,Doug Stokes
  • Publisher : Oxford University Press
  • ISBN Code : 0199585814
  • Pages : 482
  • Format : Pdf - ePub
  • Language : English
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Summary:

This textbook provides a comprehensive introduction to US foreign policy. Bringing together a number of the world's leading experts, the text deals with the rise of America, US foreign policy during and after the Cold War, and the complex issues facing the US since September 11th.


Transitional Justice and the Arab Spring by Kirsten J. Fisher,Robert Stewart

Transitional Justice and the Arab Spring
  • Title : Transitional Justice and the Arab Spring
  • Author : Kirsten J. Fisher,Robert Stewart
  • Publisher : Routledge
  • ISBN Code : 1135984816
  • Pages : 244
  • Format : Pdf - ePub
  • Language : English
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Summary:

This book presents a varied and critical picture of how the Arab Spring demands a re-examination and re-conceptualization of issues of transitional justice. It demonstrates how unique features of this wave of revolutions and popular protests that have swept the Arab world since December 2010 give rise to distinctive concerns and problems relative to transitional justice. The contributors explore how these issues in turn add fresh perspective and nuance to the field more generally. In so doing, it explores fundamental questions of social justice, reconstruction and healing in the context of the Arab Spring. Including the perspectives of academics and practitioners, Transitional Justice and the Arab Spring will be of considerable interest to those working on the politics of the Middle East, normative political theory, transitional justice, international law, international relations and human rights.


After War Ends by James Meernik,Jacqueline H. R. DeMeritt,Mauricio Uribe-López

After War Ends
  • Title : After War Ends
  • Author : James Meernik,Jacqueline H. R. DeMeritt,Mauricio Uribe-López
  • Publisher : Cambridge University Press
  • ISBN Code : 110849904X
  • Pages : 442
  • Format : Pdf - ePub
  • Language : English
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Summary:

A comprehensive and timely analysis of the prospects for peace and justice in Colombia.


Post-Communist Transitional Justice by Lavinia Stan,Nadya Nedelsky

Post-Communist Transitional Justice
  • Title : Post-Communist Transitional Justice
  • Author : Lavinia Stan,Nadya Nedelsky
  • Publisher : Cambridge University Press
  • ISBN Code : 1107065569
  • Pages : 358
  • Format : Pdf - ePub
  • Language : English
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Summary:

Explores how the former communist regimes of Central and Eastern Europe have grappled with the serious human rights violations of past regimes.


Transitional Justice by Neil J. Kritz

Transitional Justice
  • Title : Transitional Justice
  • Author : Neil J. Kritz
  • Publisher : US Institute of Peace Press
  • ISBN Code : 9781878379443
  • Pages : 832
  • Format : Pdf - ePub
  • Language : English
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Summary:

Examines more than 20 transitions from World War II to the present, including the denazification programs of the 1950s, democratic transformations in southern Europe in the mid '70s and Latin America in the '80s, and decommunization efforts in the '90s.


On point II : transition to the new campaign: the United States Army in Operation Iraqi Freedom, May 2003-January 2005 by N.A

On point II : transition to the new campaign: the United States Army in Operation Iraqi Freedom, May 2003-January 2005
  • Title : On point II : transition to the new campaign: the United States Army in Operation Iraqi Freedom, May 2003-January 2005
  • Author : N.A
  • Publisher : Government Printing Office
  • ISBN Code : 9780160872433
  • Pages : N.A
  • Format : Pdf - ePub
  • Language : English
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Summary:

NOW AVAILABLE! On Point II is a comprehensive study of the US Army in Operation IRAQI FREEDOM (OIF) from May 2003 to January 2005. Based on primary sources including hundreds of interviews with participants, the study examines how after May 2003 American Soldiers made the transition to a new type of campaign that featured information operations, intelligence, reconstruction, and governance rather than conventional combat. On Point II documents the US Army's execution of Full Spectrum Operations in the early stages of this conflict.


Violence, Law and the Impossibility of Transitional Justice by Catherine Turner

Violence, Law and the Impossibility of Transitional Justice
  • Title : Violence, Law and the Impossibility of Transitional Justice
  • Author : Catherine Turner
  • Publisher : Routledge
  • ISBN Code : 1317441400
  • Pages : 194
  • Format : Pdf - ePub
  • Language : English
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Summary:

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.


Transitional Justice in Rwanda by Gerald Gahima

Transitional Justice in Rwanda
  • Title : Transitional Justice in Rwanda
  • Author : Gerald Gahima
  • Publisher : Routledge
  • ISBN Code : 1135118531
  • Pages : 432
  • Format : Pdf - ePub
  • Language : English
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Summary:

Transitional Justice in Rwanda: Accountability for Atrocity comprehensively analyzes the full range of the transitional justice processes undertaken for the Rwandan genocide. Drawing on the author’s extensive professional experience as the principal justice policy maker and the leading law enforcement officer in Rwanda from 1996-2003, the book provides an in-depth analysis of the social, political and legal challenges faced by Rwanda in the aftermath of the genocide and the aspirations and legacy of transitional justice. The book explores the role played by the accountability processes not just in pursuing accountability but also in shaping the reconstruction of Rwanda’s institutions of democratic governance and political reconciliation. Central to this exploration will be the examination of whether or not transitional justice in Rwanda has contributed to a foundational rule of law reform process. While recognizing the necessity of pursuing accountability for mass atrocity, the book argues that a maximal approach to accountability for genocide may undermine the promotion of core objectives of transitional justice. Taking on one of the key questions facing practitioners and scholars of transitional justice today, the book suggests that the pursuit of mass accountability, particularly where socio-economic resources and legal capacity is limited, may destabilize the process of rule of law reform, endangering core human rights norms. Moreover, the book suggests that pursuing a strategy of mass accountability may undermine the process of democratic transition, particularly in a context where impunity for crimes committed by the victors of armed conflicts persists. Highlighting the ongoing democratic deficit in Rwanda and resulting political instability in the Great Lakes region, the book argues that the effectiveness of transitional justice ultimately hinges on the nature and success of political transition.


Globalizing Transitional Justice by Ruti G. Teitel

Globalizing Transitional Justice
  • Title : Globalizing Transitional Justice
  • Author : Ruti G. Teitel
  • Publisher : Oxford University Press
  • ISBN Code : 0190221372
  • Pages : 250
  • Format : Pdf - ePub
  • Language : English
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Summary:

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.