Transformative Transitional Justice and the Malleability of Post-Conflict States

Transformative Transitional Justice and the Malleability of Post-Conflict States
Author: Padraig McAuliffe
Publisher: Edward Elgar Publishing
Total Pages: 443
Release: 2017-03-31
Genre: Law
ISBN: 1783470046

Despite the growing focus on issues of socio-economic transformation in contemporary transitional justice, the path dependencies imposed by the political economy of war-to-peace transitions and the limitations imposed by weak statehood are seldom considered. This book explores transitional justice’s prospects for seeking economic justice and reform of structures of poverty in the specific context of post-conflict states.

Transitional Justice and Development

Transitional Justice and Development
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.

Transitional Justice and Socio-Economic Harm

Transitional Justice and Socio-Economic Harm
Author: Huma Saeed
Publisher: Taylor & Francis
Total Pages: 161
Release: 2022-09-19
Genre: Law
ISBN: 1000653838

Maintaining the importance of socio-economic issues in devising transitional justice mechanisms, this book examines the widespread practice of land grabbing in Afghanistan. On 3 September 2003, 100 armed police officers bulldozed around 30 homes in the Sherpur neighborhood of Kabul, Afghanistan, evicting over 250 people. Historically, the land was part of the property of the Ministry of Defense, of which a zone was allocated to the ministry’s employees who had built homes and had lived there for nearly 30 years. After the demolition, however, the land was distributed among 300 high-ranking government officials, including ministers, deputy ministers, governors and other powerful warlords. Land grabbing in Afghanistan has become a widespread practice across the country. Based on over 50 semi-structured interviews with key informants and group discussions with war victims and local experts in Kabul, the current book examines the relevance of transitional justice discourse and practice in response to this situation. Following a critical criminological concern with social harm, the book maintains that it is not enough to consider a country’s political history of violent conflict and the violation of civil and political rights alone. Rather, to decide on appropriate transitional justice mechanisms, it is crucial to consider a country’s socio-economic background, and above all the socio-economic harm inflicted on people during periods of violent conflict. This original and detailed account of the socio-economic challenges faced by transitional justice mechanisms will be of interest to those studying and working in this area in law, politics, development studies and criminology.

Assessing the Impact of Transitional Justice

Assessing the Impact of Transitional Justice
Author: Hugo Van der Merwe
Publisher: US Institute of Peace Press
Total Pages: 348
Release: 2009
Genre: Law
ISBN: 1601270364

In Assessing the Impact of Transitional Justice, fourteen leading researchers study seventy countries that have suffered from autocratic rule, genocide, and protracted internal conflict.

Resilience, Adaptive Peacebuilding and Transitional Justice

Resilience, Adaptive Peacebuilding and Transitional Justice
Author: Janine Natalya Clark
Publisher: Cambridge University Press
Total Pages: 309
Release: 2021-10-07
Genre: Law
ISBN: 110891151X

Processes of post-war reconstruction, peacebuilding and reconciliation are partly about fostering stability and adaptive capacity across different social systems. Nevertheless, these processes have seldom been expressly discussed within a resilience framework. Similarly, although the goals of transitional justice – among them (re)establishing the rule of law, delivering justice and aiding reconciliation – implicitly encompass a resilience element, transitional justice has not been explicitly theorised as a process for building resilience in communities and societies that have suffered large-scale violence and human rights violations. The chapters in this unique volume theoretically and empirically explore the concept of resilience in diverse societies that have experienced mass violence and human rights abuses. They analyse the extent to which transitional justice processes have – and can – contribute to resilience and how, in so doing, they can foster adaptive peacebuilding. This book is available as Open Access.

From Transitional to Transformative Justice

From Transitional to Transformative Justice
Author: Paul Gready
Publisher: Cambridge University Press
Total Pages: 345
Release: 2019-02-21
Genre: Political Science
ISBN: 1108668577

Transitional justice has become the principle lens used by countries emerging from conflict and authoritarian rule to address the legacies of violence and serious human rights abuses. However, as transitional justice practice becomes more institutionalized with support from NGOs and funding from Western donors, questions have been raised about the long-term effectiveness of transitional justice mechanisms. Core elements of the paradigm have been subjected to sustained critique, yet there is much less commentary that goes beyond critique to set out, in a comprehensive fashion, what an alternative approach might look like. This volume discusses one such alternative, transformative justice, and positions this quest in the wider context of ongoing fall-out from the 2008 global economic and political crisis, as well as the failure of social justice advocates to respond with imagination and ambition. Drawing on diverse perspectives, contributors illustrate the wide-ranging purchase of transformative justice at both conceptual and empirical levels.

Transitional Justice, Corporate Accountability and Socio-Economic Rights

Transitional Justice, Corporate Accountability and Socio-Economic Rights
Author: Laura García Martín
Publisher: Routledge
Total Pages: 217
Release: 2019-07-25
Genre: Business & Economics
ISBN: 1000497259

This book explores the intersection of two emergent and vibrant fields of study in international human rights law: transitional justice and corporate accountability for human rights abuses. While both have received significant academic and political attention, the potential links between them remain largely unexplored. This book addresses the normative question of how international human rights law should deal with corporate accountability and violations of economic, social and cultural rights in transitional justice processes. Drawing on the Argentinian transitional justice process, the book outlines the theoretical and practical challenges of including corporate accountability in transitional justice processes through existing mechanisms. Offering specific insights about how to deal with those challenges, it argues that consideration of the role of all actors, and the whole spectrum of human rights violated, is crucial to properly address the root causes of violence and conflict as well as to contribute to a sustainable and positive peace. This interdisciplinary book will be of interest to students and scholars of transitional justice, human rights law, corporate law and international law.

The Global Climate Regime and Transitional Justice

The Global Climate Regime and Transitional Justice
Author: Sonja Klinsky
Publisher: Routledge
Total Pages: 136
Release: 2018-04-27
Genre: Business & Economics
ISBN: 1351854917

Geopolitical changes combined with the increasing urgency of ambitious climate action have re-opened debates about justice and international climate policy. Mechanisms and insights from transitional justice have been used in over thirty countries across a range of conflicts at the interface of historical responsibility and imperatives for collective futures. However, lessons from transitional justice theory and practice have not been systematically explored in the climate context. The comparison gives rise to new ideas and strategies that help address climate change dilemmas. This book examines the potential of transitional justice insights to inform global climate governance. It lays out core structural similarities between current global climate governance tensions and transitional justice contexts. It explores how transitional justice approaches and mechanisms could be productively applied in the climate change context. These include responsibility mechanisms such as amnesties, legal accountability measures, and truth commissions, as well as reparations and institutional reform. The book then steps beyond reformist transitional justice practice to consider more transformative approaches, and uses this to explore a wider set of possibilities for the climate context. Each chapter presents one or more concrete proposals arrived at by using ideas from transitional justice and applying them to the justice tensions central to the global climate context. By combining these two fields the book provides a new framework through which to understand the challenges of addressing harms and strengthening collective climate action. This book will be of great interest to scholars and practitioners of climate change and transitional justice.

Transitional Justice, Culture, and Society

Transitional Justice, Culture, and Society
Author: Clara Ramirez-Barat
Publisher:
Total Pages: 0
Release: 2014
Genre: Human rights
ISBN: 9780911400021

"Transitional justice processes have a fundamental public dimension: their impact depends in part on the social support they receive. Beyond outreach programs, other initiatives, such as media and cultural interventions, can strengthen--or in some cases undermine--the public resonance of transitional justice. How can media and art be used to engage society in discussions around accountability? How do media influence social perceptions and attitudes toward the legacy of the past? To what extent is social engagement in the public sphere necessary to advance the political transformation that transitional justice measures hope to promote? Examining the roles that culture and society play in transitional justice contexts, this volume focuses on the ways in which communicative practices can raise public awareness of and reflection upon the legacies of mass abuse." -- Publisher's description.

Transitional Justice and Education

Transitional Justice and Education
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.