Transitional Justice And Peace Building For The Future
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| Author | : Kai Ambos |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 566 |
| Release | : 2008-12-04 |
| Genre | : Law |
| ISBN | : 3540857540 |
Results of the 2007 Nuremberg Conference on Peace and Justice: Tensions between peace and justice have long been debated by scholars, practitioners and agencies including the United Nations, and both theory and policy must be refined for very practical application in situations emerging from violent conflict or political repression. Specific contexts demand concrete decisions and approaches aimed at redress of grievance and creation of conditions of social justice for a non-violent future. There has been definitive progress in a world in which blanket amnesties were granted at times with little hesitation. There is a growing understanding that accountability has pragmatic as well as principled arguments in its favour. Practical arguments as much as shifts in the norms have created a situation in which the choice is increasingly seen as "which forms of accountability" rather than a stark choice between peace and justice. It is socio-political transformation, not just an end to violence, that is needed to build sustainable peace. This book addresses these dilemmas through a thorough overview of the current state of legal obligations; discussion of the need for a holistic approach including development; analysis of the implications of the coming into force of the ICC; and a series of "hard" case studies on internationalized and local approaches devised to navigate the tensions between peace and justice.
| Author | : Clara Ramirez-Barat |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2017 |
| Genre | : Democracy and education |
| ISBN | : 9780911400038 |
After periods of conflict and authoritarianism, educational institutions often need to be reformed or rebuilt. But in settings where education has been used to support repressive policies and human rights violations, or where conflict and abuses have resulted in lost educational opportunities, legacies of injustice may pose significant challenges to effective reform. Peacebuilding and development perspectives, which normally drive the reconstruction agenda, pay little attention to the violent past. Transitional Justice and Education: Learning Peace presents the findings of a research project of the International Center for Transitional Justice on the relationship between transitional justice and education in peacebuilding contexts. The book examines how transitional justice can shape the reform of education systems by ensuring programs are sensitive to the legacies of the past, how it can facilitate the reintegration of children and youth into society, and how education can engage younger generations in the work of transitional justice.
| Author | : Chandra Lekha Sriram |
| Publisher | : Routledge |
| Total Pages | : 315 |
| Release | : 2012-12-07 |
| Genre | : Political Science |
| ISBN | : 1136191143 |
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 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 great interest to students of transitional justice, peacebuilding, human rights, war and conflict studies, security studies and IR.
| Author | : Christine Bell |
| Publisher | : Oxford University Press |
| Total Pages | : 410 |
| Release | : 2008-09-25 |
| Genre | : Law |
| ISBN | : 0199226830 |
This book provides a comprehensive analysis of the use of peace agreements from a legal perspective. The book describes and evaluates the development of contemporary peace agreement practice, and the documents which emerge. It sets out what is in essence an anatomy of peace agreement practice, and locates this practice with reference to the role of law. The last fifteen years have seen a proliferation of peace agreements. These peace agreements have been produced as a result of complex peace processes involving multi-party negotiations between the main protagonists of conflict, often with the involvement of international actors. They document attempts to end conflict, and this book argues that they play an underestimated role in a political process that centrally revolves around law. Understanding peace agreements is important to understanding contemporary peace processes. Law plays two key roles with respect to peace agreements: first, to the extent that peace agreements themselves form legal documents, law plays a role in the 'enforcement' or implementation of the peace agreement; second, international law has a relationship to peace agreement negotiation and content, in an enabling or regulatory capacity. The aim of the book is to evaluate the role which law plays both in enforcing peace agreements and through a normative framework which constrains the ways in which they operate. This evaluation reveals a deeper link between the legal status of peace agreements and their normative regulation as mutually shaping, in what is argued to be a developing lex pacificatoria - or law of the peace makers. This lex pacificatoria stands as an account of the way in which international law shapes and is shaped by peace agreements, in ways which impact on contemporary debates about the force of international law.
| Author | : Edward Newman |
| Publisher | : |
| Total Pages | : 410 |
| Release | : 2009 |
| Genre | : History |
| ISBN | : |
Africa; Sierra Leone; Afghanistan; Bosnia-Herzegovina; Timor-Leste; Sri Lanka; Palestine; Israel; United Nations; Lebanon; Cambodia; Central America.
| Author | : Pablo De Greiff |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2009 |
| Genre | : Developing countries |
| ISBN | : 9780979077296 |
As developing societies emerge from legacies of conflict and authoritarianism, they are frequently beset by poverty, inequality, weak institutions, broken infrastructure, poor governance, insecurity, and low levels of social capital. These countries also tend to propagate massive human rights violations, which displace victims who are marginalized, handicapped, widowed, and orphaned--in other words, people with strong claims to justice. Those who work with others to address development and justice often fail to supply a coherent response to these concerns. The essays in this volume confront the intricacies--and interconnectedness--of transitional governance issues head on, mapping the relationship between two fields that, academically and in practice, have grown largely in isolation of one another. The result of a research project conducted by the International Center for Transitional Justice (ICTJ), this book explains how justice and recovery can be aligned not only in theory but also in practice, among both people and governments as they reform.
| Author | : Ruti G. Teitel |
| Publisher | : Oxford University Press |
| Total Pages | : 305 |
| Release | : 2002-03-28 |
| Genre | : Law |
| ISBN | : 019988224X |
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.
| Author | : Naomi Roht-Arriaza |
| Publisher | : Cambridge University Press |
| Total Pages | : 317 |
| Release | : 2006-09-14 |
| Genre | : Social Science |
| ISBN | : 1139458655 |
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.
| Author | : Jennifer J. Llewellyn |
| Publisher | : Oxford University Press |
| Total Pages | : 279 |
| Release | : 2014-04-17 |
| Genre | : Political Science |
| ISBN | : 0199364885 |
All over the world, the practice of peacebuilding is beset with common dilemmas: peace versus justice, religious versus secular approaches, individual versus structural justice, reconciliation versus retribution, and the harmonization of the sheer number of practices involved in repairing past harms. Progress towards resolving these dilemmas requires reforming institutions and practices but also clear thinking about basic questions: What is justice? And how is it related to the building of peace? The twin concepts of reconciliation and restorative justice, both involving the holistic restoration of right relationship, contain not only a compelling logic of justice but also great promise for resolving peacebuilding's tensions and for constructing and assessing its institutions and practices. This book furthers this potential by developing not only the core content of these concepts but also their implications for accountability, forgiveness, reparations, traditional practices, human rights, and international law.
| Author | : Jon Elster |
| Publisher | : Cambridge University Press |
| Total Pages | : 316 |
| Release | : 2004-09-06 |
| Genre | : History |
| ISBN | : 9780521548540 |
An analysis of transitional justice - retribution and reparation after a change of political regime - from Athens in the fifth century BC to the present. Part I, 'The Universe of Transitional Justice', describes more than thirty transitions, some of them in considerable detail, others more succinctly. Part II, 'The Analytics of Transitional Justice', proposes a framework for explaining the variations among the cases - why after some transitions wrongdoers from the previous regime are punished severely and in other cases mildly or not at all, and victims sometimes compensated generously and sometimes poorly or not at all. After surveying a broad range of justifications and excuses for wrongdoings and criteria for selecting and indemnifying victims, the 2004 book concludes with a discussion of three general explanatory factors: economic and political constraints, the retributive emotions, and the play of party politics.
