The Contribution Of Judiciary To Transitional Justice Following The 1996 2006 Conflict In Nepal
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| Author | : Anurag Devkota |
| Publisher | : GRIN Verlag |
| Total Pages | : 73 |
| Release | : 2019-07-29 |
| Genre | : Law |
| ISBN | : 3668989249 |
Master's Thesis from the year 2014 in the subject Law - Public Law / Miscellaneous, grade: A, Loyola University Chicago, language: English, abstract: As Nepal continues to debate how to deal with the legacy of the internal armed conflict of 1996-2006, the rule of law and transitional justice are of utmost importance in the current setting. This paper aims to find a possible solution to why it is critical that the judiciary is better engaged in Transitional Justice going forward. To that end, the paper explores the non-judicial mechanism as a failed idea in the context of Nepal, the significant impact and importance of the judiciary’s involvement in Transitional Justice, the complementary roles judiciary could provide to the non-judicial mechanisms, and the possible pitfalls of the judiciary in Nepal. The paper analyzes the constructive role played by the judiciary of Nepal to date and the prospect of dealing with the crimes of the past in the future, as well as establishing prosecution as the best possible option for Nepal in the period of transition. The research methodology used is doctrinal, using the study of reports and scholarly articles as a major source of data collection. Various reports published by different Non-Governmental and Governmental organizations have been used for research purposes as well. Seeing as how the rule of law has been dismantled in this period of conflict, it can be established that judiciary has a better chance of re-establishing the rule of law in Nepal with a primary focus on access to justice through the prosecution. Uncovering the details of the past provides both a primer on what conditions permitted the violations of the rule of law in the past, and a deterrent to would-be human rights abusers of the future. Therefore, examining the crimes of the past via judiciary in the transitional justice scenario could help develop the institutional basis and the cultural norms to support the rule of law in Nepal. However, it is important to be cautious of the possible pitfalls of the judiciary in terms of dealing with the prosecution and its implementation.
| Author | : |
| Publisher | : |
| Total Pages | : 88 |
| Release | : 2020 |
| Genre | : Human rights |
| ISBN | : 9781623138783 |
It has been 14 years since the armed conflict between Maoist insurgents and government forces ended in Nepal. Tens of thousands became victims of enforced disappearances, torture, rape, and unlawful killings in the decade of fighting between 1996 and 2006. They are still waiting for truth and justice. There have been hardly any successful prosecutions since the end of the conflict for severe violations. Resistance to address past abuses has entrenched impunity in the present and, combined with a failure to ensure security sector reform, has led to repeated lack of punishment in cases of serious human rights violations which still occur in Nepal. In a mounting number of alleged extrajudicial killings by the police, custodial deaths allegedly resulting from torture, and shootings of unarmed protesters in recent years, the authorities refused to take action despite strong evidence. We conclude that failure to provide justice for past crimes creates direct and tangible harms in the present: families who lost loved ones years ago continue to seek justice and are forced to live without closure. And as new cases of abuse by the police show, impunity for past crimes means that unaccountable and abusive individuals and institutions continue to claim new victims in post-conflict Nepal.
| Author | : Priscilla B. Hayner |
| Publisher | : Routledge |
| Total Pages | : 377 |
| Release | : 2010-09-13 |
| Genre | : History |
| ISBN | : 1135245584 |
This book is a definitive exploration of truth commissions around the world and the anguish, injustice, and the legacy of hate they are meant to absolve.
| Author | : Amal Alamuddin |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 339 |
| Release | : 2014-02 |
| Genre | : Law |
| ISBN | : 0199687455 |
The Special Tribunal of the Lebanon is the first international Tribunal established to try the perpetrators of a terrorist act: the murder of the Lebanese Prime Minister in 2005. This book, written by practitioners with experience of the court and experts in international criminal law, provides a detailed assessment of its unique law and practice.
| Author | : Lucien Huyse |
| Publisher | : International IDEA |
| Total Pages | : 0 |
| Release | : 2008 |
| Genre | : Burundi |
| ISBN | : 9789185724284 |
This book presents the findings of a major comparative study examining the role played by traditional justice mechanisms in dealing with the legacy of violent conflict in Africa. It focuses on case studies of five countries -- Rwanda, Mozambique, Uganda, Sierra Leone and Burundi - that are used as the basis for outlining conclusions and options for future policy development in the related areas of post-conflict reconstruction, democracy building and development. "Traditional Justice & Reconciliation After Violent Conflict" suggests that in some circumstances traditional mechanisms can effectively complement conventional judicial systems and represent a real potential for promoting justice, reconciliation and a culture of democracy. At the same time it cautions against unrealistic expectations of traditional structures and offers a sober, evidence-based assessment of both the strengths and the weaknesses of traditional conflict management mechanisms within the broader framework of post-conflict social reconstruction efforts. The book is intended to serve both as a general knowledge resource and as a practitioner's guide for national bodies seeking to employ traditional justice mechanisms, as well as external agencies aiming to support such processes.
| Author | : Vivienne M. O'Connor |
| Publisher | : US Institute of Peace Press |
| Total Pages | : 544 |
| Release | : 2007 |
| Genre | : Law |
| ISBN | : 9781601270122 |
Accompanying CD-ROMs contains the text of vol. 1. and vol. 2.
| Author | : E. Christine Evans |
| Publisher | : Cambridge University Press |
| Total Pages | : 299 |
| Release | : 2012-06-28 |
| Genre | : Law |
| ISBN | : 1107019974 |
Christine Evans assesses the right to reparation for victims of armed conflict in international law and in national practice.
| Author | : Cristián Correa |
| Publisher | : Cambridge University Press |
| Total Pages | : 303 |
| Release | : 2020-12-17 |
| Genre | : Law |
| ISBN | : 1108480950 |
Three experts address reparation for victims of armed conflict, drawing on international law practice, human rights courts, and domestic law.
| Author | : James Meernik |
| Publisher | : Cambridge University Press |
| Total Pages | : 447 |
| Release | : 2019-07-25 |
| Genre | : Law |
| ISBN | : 1108585671 |
For decades a bitter civil war between the Colombia government and armed insurgent groups tore apart Colombian society. After protracted negotiations in Havana, a peace agreement was accepted by the Colombian government and the FARC rebel group in 2016. This volume will provide academics and practitioners throughout the world with critical analyses regarding what we know generally about the post-war peace building process and how this can be applied to the specifics of the Colombian case to assist in the design and implementation of post-war peace building programs and policies. This unique group of Colombian and international scholars comment on critical aspects of the peace process in Colombia, transitional justice mechanisms, the role of state and non-state actors at the national and local levels, and examine what the Colombian case reveals about traditional theories and approaches to peace and transitional justice.
| Author | : Saubhagya Shah |
| Publisher | : |
| Total Pages | : 104 |
| Release | : 2008 |
| Genre | : History |
| ISBN | : |
"This monograph analyzes the role of civil society in the massive political mobilization and upheavals of 2006 in Nepal that swept away King Gyanendra's direct rule and dramatically altered the structure and character of the Nepali state and politics. Although the opposition had become successful due to a strategic alliance between the seven parliamentary parties and the Maoist rebels, civil society was catapulted into prominence during the historic protests as a result of national and international activities in opposition to the king's government. This process offers new insights into the role of civil society in the developing world. By focusing on the momentous events of the nineteen-day general strike from April 6-24, 2006, that brought down the 400-year-old Nepali royal dynasty, the study highlights the implications of civil society action within the larger political arena involving conventional actors such as political parties, trade unions, armed revels, and foreign actors. he detailed examination of civil society's involvement in Nepali regime change sheds light on four important themes in the study of civil society. The first relates to a clear distinction between civil society as a spontaneous philosophical and associational form in the West and its mimetic articulation in the developing. The second addresses the nature of the relationship between civil society and political society and the way the former generates its moral authority and efficacy based on claims to universal reason, knowledge, and techniques of polymorphous power. The third theme explores the connection between the ideological and material basis of civil society and distinguishes between its autonomous Western origin and the recent growth in the developing world. Finally, civil society is examined in the international area: the example of Nepal reveals ways in which civil societies in the developing world are burgeoning as alternative policy instruments in interstate relations"--P. [4] of cover.
