Localising Memory In Transitional Justice
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| Author | : Mina Rauschenbach |
| Publisher | : Routledge |
| Total Pages | : 288 |
| Release | : 2022-05-31 |
| Genre | : Law |
| ISBN | : 1000575683 |
This collection adds to the critical transitional justice scholarship that calls for “transitional justice from below” and that makes visible the complex and oftentimes troubled entanglements between justice endeavours, locality, and memory-making. Broadening this perspective, it explores informal memory practices across various contexts with a focus on their individual and collective dynamics and their intersections, reaching also beyond a conceptualisation of memory as mere symbolic reparation and politics of memory. It seeks to highlight the hidden, unwritten, and multifaceted in today’s memory boom by focusing on the memorialisation practices of communities, activists, families, and survivors. Organising its analytical focal point around the localisation of memory, it offers valuable and new insights on how and under what conditions localised memory practices may contribute to recognition and social transformation, as well as how they may at best be inclusive, or exclusive, of dynamic and diverse memories. Drawing on inter- and multi-disciplinary approaches, this book brings an in-depth and nuanced understanding of local memory practices and the dynamics attached to these in transitional justice contexts. It will be of much interest to students and scholars of memory and genocide studies, peace and conflict studies, transitional justice, sociology, and anthropology.
| Author | : Mina Rauschenbach |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2022 |
| Genre | : |
| ISBN | : 9781032254074 |
| Author | : Alice Panepinto |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 445 |
| Release | : 2022-02-24 |
| Genre | : Law |
| ISBN | : 1509921273 |
With a unique transitional justice perspective on the Arab Spring, this book assesses the relocation of transitional justice from the international paradigm to Islamic legal systems. The Arab uprisings and new and old conflicts in the Middle East, North Africa and other contexts where Islam is a prominent religion have sparked an interest in localising transitional justice in the legal systems of Muslim-majority communities to uncover the truth about past abuse and ensure accountability for widespread human rights violations. This raises pressing questions around how the international paradigm of transitional justice, and in particular its truth-seeking aims, might be implemented and adapted to local settings characterised by Muslim majority populations, and at the same time drawing from relevant norms and principles of Islamic law. This book offers a critical analysis of the relocation of transitional justice from the international paradigm to the legal systems of Muslim-majority societies in light of the inherently pluralistic realities of these contexts. It also investigates synergies between international law and Islamic law in furthering truth-seeking, the formation of collective memories and the victims' right to know the truth, as key aims of the international paradigm of transitional justice and broadly supported by the shari'ah. This book will be a useful reference for scholars, practitioners and policymakers seeking to better understand the normative underpinnings of (potential) transitional truth-seeking initiatives in the legal systems of Muslim-majority societies. At the same time, it also proposes a more critical and creative way of thinking about the challenges and opportunities of localising transitional justice in contexts where the principles and ideas of Islamic law carry different meanings.
| Author | : David Oakeshott |
| Publisher | : Policy Press |
| Total Pages | : 236 |
| Release | : 2024-11-27 |
| Genre | : Education |
| ISBN | : 1529239222 |
Bringing concepts from critical transitional justice and peacebuilding into dialogue with education, this book examines the challenges youth and their teachers face in the post-conflict settings of Bougainville and Solomon Islands. Youth in these places must reconcile with the violent past of their parents’ generation while also learning how to live with people once on opposing ‘sides'. This book traces how students and their teachers form connections to the past and each other that cut through the forces that might divide them. The findings illustrate novel ways to think about the potential for education to assist post-conflict recovery.
| Author | : Padraig McAuliffe |
| Publisher | : Routledge |
| Total Pages | : 274 |
| Release | : 2013-06-26 |
| Genre | : Law |
| ISBN | : 1135037752 |
This short and accessible book is the first to focus exclusively on the inter-relation between transitional justice and rule of law reconstruction in post-conflict and post-authoritarian states. In so doing it provides a provocative reassessment of the various tangled relationships between the two fields, exploring the blind-spots, contradictions and opportunities for mutually-beneficial synergies in practice and scholarship between them. Though it is commonly assumed that transitional justice for past human rights abuses is inherently conducive to restoring the rule of law, differences in how both fields conceptualise the rule of law, the scope of transition and obligations to citizens have resulted in divergent approaches to transitional criminal trial, international criminal law, restorative justice and traditional justice mechanisms. Adopting a critical comparative approach that assesses the experiences of post-authoritarian and post-conflict polities in Latin America, Asia, Europe and Africa undergoing transitional justice and justice sector reform simultaneously, it argues that the potential benefits of transitional justice are exaggerated and urges policy-makers to rebalance the compromises inherent in transitional justice mechanisms against the foundational demands of rule of law reconstruction. This book will be of interest to scholars in the fields of transitional justice, rule of law, legal pluralism and peace-building concerned by the failure of transitional justice to leave a positive legacy to the justice system of the states where it operates. ‘This is a bold and nuanced scrutiny of the international system’s approach to transitional justice and the much vaunted rule of law project. Dr McAulifee should be congratulated for this well-researched book which should be a must read for not only scholars and researchers in transitional justice and peace and conflict studies, but also policy-makers in the international system.’ Dr. Hakeem O. Yusuf, Senior Lecturer, University of Strathclyde and author of Transitional Justice, Judicial Accountability and the Rule of Law.
| Author | : Lauren Dempster |
| Publisher | : Routledge |
| Total Pages | : 223 |
| Release | : 2019-06-11 |
| Genre | : History |
| ISBN | : 1351239368 |
This book employs a transitional justice lens to address the ‘disappearances’ that occurred during the Northern Ireland conflict – or ‘Troubles’ – and the post-conflict response to these ‘disappearances.’ Despite an extensive literature around ‘dealing with the past’ in Northern Ireland, as well as a substantial body of scholarship on ‘disappearances’ in other national contexts, there has been little scholarly scrutiny of ‘disappearances’ in post-conflict Northern Ireland. Although the Good Friday Agreement brought relative peace to Northern Ireland, no provision was made for the establishment of some form of overarching truth and reconciliation commission aimed at comprehensively addressing the legacy of violence. Nevertheless, a mechanism to recover the remains of the ‘disappeared’ – the Independent Commission for the Location of Victims’ Remains (ICLVR) – was established, and has in fact proven to be quite effective. As a result, the reactions of key constituencies to the ‘disappearances’ can be used as a prism through which to comprehensively explore issues of relevance to transitional justice scholars and practitioners. Pursuing an interdisciplinary approach, and based on extensive empirical research, this book provides a multifaceted exploration of the responses of these constituencies to the practice of ‘disappearing.’ It engages with transitional justice themes including silence, memory, truth, acknowledgement, and apology. Key issues examined include the mobilisation efforts of families of the ‘disappeared,’ efforts by a (former) non-state armed group to address its legacy of violence, the utility of a limited immunity mechanism to incentivise information provision, and the interplay between silence and memory in the shaping of a collective, societal understanding of the ‘disappeared.’
| Author | : Marnie Hughes-Warrington |
| Publisher | : Routledge |
| Total Pages | : 161 |
| Release | : 2013-07-18 |
| Genre | : History |
| ISBN | : 113503706X |
Revision and revisionism are generally seen as standard parts of historical practice, yet they are underexplored within the growing literature on historiography. In this accessibly written volume, Marnie Hughes-Warrington discusses this paucity of work on revision in history theory and raises ethical questions about linear models and spatial metaphors that have been used to explain it. Revisionist Histories emphasises the role of the authors and audiences of histories alike as the writers and rewriters of history. Through study of digital environments, graphic novels and reader annotated texts, this book shows that the ‘sides’ of history cannot be disentangled from one another, and that they are subject to flux and even destruction over time. Incorporating diverse and controversial case studies, including the French Revolution, Holocaust Denial and European settlers’ contact with Native Americans and Indigenous Australians, Revisionist Histories offers both a detailed account of the development of revisionism and a new, more spatial vision of historiography. An essential text for students of historiography.
| Author | : Lia Kent |
| Publisher | : Routledge |
| Total Pages | : 249 |
| Release | : 2018-05-04 |
| Genre | : Law |
| ISBN | : 1136303456 |
The Dynamics of Transitional Justice draws on the case of East Timor in order to reassess how transitional justice mechanisms actually play out at the local level. Transitional justice mechanisms – including trials and truth commissions – have become firmly entrenched as part of the United Nations ‘tool-kit’ for successful post-conflict recovery. It is now commonly assumed that by establishing individual accountability for human rights violations, and initiating truth-seeking and reconciliation programs, individuals and societies will be assisted to ‘come to terms’ with the violent past and states will make the ‘transition’ to peaceful, stable liberal democracies. Set against the backdrop of East Timor’s referendum and the widespread violence of 1999, this book interrogates the gap between the official claims made for transitional justice and local expectations. Drawing on a wide range of sources, including extensive in-depth interviews with victims/survivors, community leaders and other actors, it produces a nuanced and critical account of the complex interplay between internationally-sponsored trials and truth commissions, national justice agendas and local priorities. The Dynamics of Transitional Justice fills a significant gap in the existing social science literature on transitional justice, and offers new insights for researchers and practitioners alike.
| Author | : Janine Natalya Clark |
| Publisher | : Taylor & Francis |
| Total Pages | : 253 |
| Release | : 2022-10-18 |
| Genre | : Law |
| ISBN | : 1000799034 |
This interdisciplinary book constitutes the first major and comparative study of resilience focused on victims-/survivors of conflict-related sexual violence (CRSV). Locating resilience in the relationships and interactions between individuals and their social ecologies (including family, community, non-governmental organisations and the natural environment), the book develops its own conceptual framework based on the idea of connectivity. It applies the framework to its analysis of rich empirical data from Bosnia-Herzegovina, Colombia and Uganda, and it tells a set of stories about resilience through the contextual, dynamic and storied connectivities between individuals and their social ecologies. Ultimately, it utilises the three elements of the framework – namely, broken and ruptured connectivities, supportive and sustaining connectivities and new connectivities – to argue the case for developing the field of transitional justice in new social-ecological directions, and to explore what this might conceptually and practically entail. The book will particularly appeal to anyone with an interest in, or curiosity about, resilience, and to scholars, researchers and policy makers working on CRSV and/or transitional justice. The fact that resilience has received surprisingly little attention within existing literature on either CRSV or transitional justice accentuates the significance of this research and the originality of its conceptual and empirical contributions. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
| Author | : Roldan Jimeno |
| Publisher | : Routledge |
| Total Pages | : 310 |
| Release | : 2017-09-07 |
| Genre | : Law |
| ISBN | : 1351608614 |
In a consolidated democracy, amnesties and pardons do not sit well with equality and a separation of powers; however, these measures have proved useful in extreme circumstances, such as transitions from dictatorships to democracies, as has occurred in Greece, Portugal and Spain. Focusing on Spain, this book analyses the country's transition, from the antecedents from 1936 up to the present, within a comparative European context. The amnesties granted in Greece, Portugal and Spain saw the release of political prisoners, but in Spain amnesty was also granted to those responsible for the grave violations of human rights which had been committed for 40 years. The first two decades of the democracy saw copious normative measures that sought to equate the rights of all those who had benefitted from the amnesty and who had suffered or had been damaged by the civil war. But, beyond the material benefits that accompanied it, this amnesty led to a sort of wilful amnesia which forbade questioning the legacy of Francoism. In this respect, Spain offers a useful lesson insofar as support for a blanket amnesty – rather than the use of other solutions within a transitional justice framework, such as purges, mechanisms to bring the dictatorship to trial for crimes against humanity, or truth commissions – can be traced to a relative weakness of democracy, and a society characterised by the fear of a return to political violence. This lesson, moreover, is framed here against the background of the evolution of amnesties throughout the twentieth century, and in the context of international law. Crucially, then, this analysis of what is now a global reference point for comparative studies of amnesties, provides new insights into the complex relationship between democracy and the varying mechanisms of transitional justice.
