Transitional Justice and a State’s Response to Mass Atrocity

Transitional Justice and a State’s Response to Mass Atrocity
Author: Jacopo Roberti di Sarsina
Publisher: Springer
Total Pages: 283
Release: 2019-03-26
Genre: Law
ISBN: 9462652767

This book brings a new focus to the ongoing debate on holding perpetrators of massive humanitarian and human rights violations accountable in countries in transition. It provides a clear-cut and comprehensive legal analysis of the content and nature of a state's obligations to investigate and prosecute as enshrined in the most important humanitarian and human rights treaties; it disentangles the common fallacy that these procedural obligations are naturally rooted and clearly spelled out in the general human rights treaties; and it explains the flaws in an absolutist interpretation. This analysis serves to understand whether such procedural obligations, if narrowly construed, act as impediments to countries emerging from periods of conflict or systematic repression in the face of contingent circumstances and the formidable dilemmas raised by a univocal understanding of justice as retribution. Exploring the latest instances of interpretation and application via an analysis of state practice, the jurisprudence of treaty bodies, international courts and tribunals, soft law instruments, and doctrinal contributions, the book also addresses the complex issue of amnesty, and other transitional justice mechanisms designed to restore peace and facilitate transition traditionally included in national reconciliation programs, and criticizes the contention that amnesty is always prohibited by international law. It also considers these problems from the viewpoint of the International Criminal Court, focusing on the cases of Uganda and Colombia after the 2016 peace agreement. Lastly, the volume offers a detailed analysis of techniques that may neutralize relevant obligations under international law, such as denunciation, derogation, limitation, and the public international law defenses of force majeure and necessity. Drawing attention to the importance of a multidisciplinary and practical approach to these unsettling questions, and endorsing a pluralistic notion of accountability, the book will appeal to legal scholars and transitional justice experts as well as practitioners, human rights advocates, and government officials. Dr Jacopo Roberti di Sarsina is an International Law Expert at the Alma Mater Studiorum - University of Bologna School of Law, and a dual-qualified lawyer (Italy and New York). He completed a PhD in public international law, label Doctor Europaeus, at the School of International Studies, University of Trento, holds an LLM from NYU School of Law, and read law at the University of Bologna.

Transitional Justice and a State's Response to Mass Atrocity

Transitional Justice and a State's Response to Mass Atrocity
Author: Jacopo Roberti di Sarsina
Publisher:
Total Pages:
Release: 2019
Genre: Civil rights
ISBN: 9789462652774

This book brings a new focus to the ongoing debate on holding perpetrators of massive humanitarian and human rights law violations accountable in countries in transition. It provides a clear-cut and comprehensive legal analysis of the content and nature of a state's obligations to investigate and prosecute as enshrined in the most important humanitarian and human rights treaties; it disentangles the common fallacy that these procedural obligations are naturally rooted and clearly spelled out in the general human rights treaties; and it explains the flaws in an absolutist interpretation. This analysis serves to understand whether such procedural obligations, if narrowly construed, act as impediments to countries emerging from periods of conflict or systematic repression in the face of contingent circumstances and the formidable dilemmas raised by a univocal understanding of justice as retribution.

Pursuing Justice for Mass Atrocities

Pursuing Justice for Mass Atrocities
Author: Sarah McIntosh
Publisher:
Total Pages:
Release: 2021-03-18
Genre:
ISBN: 9781736841600

"Pursuing Justice for Mass Atrocities: A Handbook for Victim Groups" is an educational resource for victim groups that want to influence or participate in the justice process for mass atrocities. It presents a range of tools that victim groups can use, from building a victim-centered coalition and developing a strategic communications plan to engaging with policy makers and decision makers and using the law to obtain justice.

The Arts of Transitional Justice

The Arts of Transitional Justice
Author: Peter D. Rush
Publisher: Springer Science & Business Media
Total Pages: 212
Release: 2013-09-25
Genre: Psychology
ISBN: 1461483859

​​The Art of Transitional Justice examines the relationship between transitional justice and the practices of art associated with it. Art, which includes theater, literature, photography, and film, has been integral to the understanding of the issues faced in situations of transitional justice as well as other issues arising out of conflict and mass atrocity. The chapters in this volume take up this understanding and its demands of transitional justice in situations in several countries: Afghanistan, Serbia, Srebenica, Rwanda, Northern Ireland, Cambodia, as well as the experiences of resulting diasporic communities. In doing so, it brings to bear the insights from scholars, civil society groups, and art practitioners, as well as interdisciplinary collaborations.

United States Law and Policy on Transitional Justice

United States Law and Policy on Transitional Justice
Author: Zachary D. Kaufman
Publisher: Oxford University Press
Total Pages: 384
Release: 2017-01-02
Genre: Law
ISBN: 0190668407

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

Transitional Justice
Author: Alexander Laban Hinton
Publisher: Rutgers University Press
Total Pages: 284
Release: 2011
Genre: Law
ISBN: 0813550688

"The origins of this project date back to a 2007 symposium, 'Local justice : global mechanisms and local meanings in the aftermath of mass atrocity, ' held at Rutgers University--Newark [N.J.] ... Several participants later presented papers in a session at the July 2007 meeting of the International Association of Genocide Scholars, which was held in Bosnia and Herzegovina."--Acknowledgments.

Hypocrisy and Human Rights

Hypocrisy and Human Rights
Author: Kate Cronin-Furman
Publisher: Cornell University Press
Total Pages: 110
Release: 2022-11-15
Genre: Political Science
ISBN: 1501767151

Hypocrisy and Human Rights examines what human rights pressure does when it does not work. Repressive states with absolutely no intention of complying with their human rights obligations often change course dramatically in response to international pressure. They create toothless commissions, permit but then obstruct international observers' visits, and pass showpiece legislation while simultaneously bolstering their repressive capacity. Covering debates over transitional justice in Sri Lanka, Myanmar, Cambodia, Democratic Republic of the Congo, and other countries, Kate Cronin-Furman investigates the diverse ways in which repressive states respond to calls for justice from human rights advocates, UN officials, and Western governments who add their voices to the victims of mass atrocities to demand accountability. She argues that although international pressure cannot elicit compliance in the absence of domestic motivations to comply, the complexity of the international system means that there are multiple audiences for both human rights behavior and advocacy and that pressure can produce valuable results through indirect paths.

Making Sense of Mass Atrocity

Making Sense of Mass Atrocity
Author: Mark Osiel
Publisher: Cambridge University Press
Total Pages: 277
Release: 2009-07-31
Genre: Law
ISBN: 0521861853

This book trenchantly diagnoses the law's limits in making sense of mass atrocity.

Justice as Prevention

Justice as Prevention
Author: Pablo De Greiff
Publisher: SSRC
Total Pages: 568
Release: 2007
Genre: Law
ISBN: 0979077214

Countries emerging from armed conflict or authoritarian rule face difficult questions about what to do with public employees who perpetrated past human rights abuses and the institutional structures that allowed such abuses to happen. Justice as Prevention: Vetting Public Employees in Transitional Societies examines the transitional reform known as "vetting"-the process by which abusive or corrupt employees are excluded from public office. More than a means of punishing individuals, vetting represents an important transitional justice measure aimed at reforming institutions and preventing the recurrence of abuses. The book is the culmination of a multiyear project headed by the International Center for Transitional Justice that included human rights lawyers, experts on police and judicial reform, and scholars of transitional justice and reconciliation. It features case studies of Argentina, Bosnia and Herzegovina, the Czech Republic, El Salvador, the former German Democratic Republic, Greece, Hungary, Poland, and South Africa, as well as chapters on due process, information management, and intersections between other institutional reforms.