Download transitional justice in the twenty first century beyond truth versus justice in pdf or read transitional justice in the twenty first century beyond truth versus justice in pdf online books in PDF, EPUB and Mobi Format. Click Download or Read Online button to get transitional justice in the twenty first century beyond truth versus justice in pdf book now. This site is like a library, Use search box in the widget to get ebook that you want.



Transitional Justice In The Twenty First Century

Author: Naomi Roht-Arriaza
Publisher: Cambridge University Press
ISBN: 1139458655
Size: 79.13 MB
Format: PDF, ePub, Mobi
View: 4839
Download and Read
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 And Justice

Author: Rachel Kerr
Publisher: John Wiley & Sons
ISBN: 0745657753
Size: 49.80 MB
Format: PDF
View: 3204
Download and Read
In recent years there has been a tendency to intervene in the military, political and economic affairs of failed and failing states and those emerging from violent conflict. In many cases this has been accompanied by some form of international judicial intervention to address serious and widespread abuses of international humanitarian law and human rights in recognition of an explicit link between peace and justice. A range of judicial and non-judicial approaches has been adopted in recognition of the fact that there is no one-size-fits-all model through which to seek accountability. This book considers the merits and drawbacks of these different responses and sets out an original framework for analysing transitional societies and transitional justice mechanisms. Taking as its starting point the post-Second World War tribunals at Nuremburg and Tokyo, the book goes on to discuss the creation of ad hoc international tribunals in the 1990s, hybrid/mixed courts, the International Criminal Court, domestic trials, truth commissions and traditional justice mechanisms. With examples drawn from across the world, including the former Yugoslavia, Rwanda, Cambodia, Timor-Leste, Sierra Leone, Uganda and the DRC, it presents a compelling and comprehensive study of the key responses to war crimes. Peace and Justice is a timely contribution in a world where an ever-increasing number of post-conflict societies are grappling with the complex issues of transitional justice. It will be a valuable resource for students, scholars, practitioners and policy-makers seeking to understand past violations of human rights and the most effective ways of addressing them.

Violence Law And The Impossibility Of Transitional Justice

Author: Catherine Turner
Publisher: Routledge
ISBN: 1317441400
Size: 50.69 MB
Format: PDF, ePub, Mobi
View: 1984
Download and Read
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.

Unspeakable Truths

Author: Priscilla B. Hayner
Publisher: Psychology Press
ISBN: 9780415924788
Size: 35.26 MB
Format: PDF, ePub
View: 3605
Download and Read
This book is a profound exploration of truth commissions around the world, and the anguish, injustice, and the legacy of hate they are meant to absolve. Hayner examines twenty major truth commissions established around the world paying special attention to South Africa, El Salvador, Argentina, Chile, and Guatemala.

Transitional Justice In Practice

Author: Renée Jeffery
Publisher: Springer
ISBN: 1137596953
Size: 68.10 MB
Format: PDF, ePub
View: 6788
Download and Read
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.

Impunity And Human Rights In International Law And Practice

Author: Naomi Roht-Arriaza
Publisher: Oxford University Press
ISBN: 9780195359718
Size: 19.53 MB
Format: PDF, Mobi
View: 5904
Download and Read
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.

Reconciliation In Divided Societies

Author: Erin Daly
Publisher: University of Pennsylvania Press
ISBN: 9780812206388
Size: 13.83 MB
Format: PDF, Mobi
View: 7004
Download and Read
"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.

Skeletons In The Closet

Author: Monika Nalepa
Publisher: Cambridge University Press
ISBN: 0521514452
Size: 34.46 MB
Format: PDF
View: 7506
Download and Read
This book explores pacted transitions to democracy, in which former autocrats are granted amnesty in exchange for allowing free elections.

Transitional Justice In Balance

Author: Tricia D. Olsen
Publisher: United States Inst of Peace Press
ISBN: 9781601270535
Size: 36.90 MB
Format: PDF, ePub, Mobi
View: 2218
Download and Read
"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.

Rethinking Transitional Justice For The Twenty First Century

Author: Dustin N. Sharp
Publisher: Cambridge University Press
ISBN: 1108598307
Size: 71.19 MB
Format: PDF, ePub, Docs
View: 3959
Download and Read
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'. Re-Thinking 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.