Current Issues in Transitional Justice

Current Issues in Transitional Justice PDF Author: Natalia Szablewska
Publisher: Springer
ISBN: 3319093908
Category : Psychology
Languages : en
Pages : 380

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Book Description
This volume is an inter-disciplinary scholarly resource bringing together contributions from writers, experienced academics and practitioners working in fields such as human rights, humanitarian law, public policy, psychology, cultural and peace studies, and earth jurisprudence. This collection of essays presents the most up to date knowledge and status of the field of transitional justice, and also highlights the emerging debates in this area, which are often overseen and underdeveloped in the literature. The volume provides a wide coverage of the arguments relating to controversial issues emanating from different regions of the world. The book is divided into four parts which groups different aspects of the problems and issues facing transitional justice as a field, and its processes and mechanisms more specifically. Part I concentrates on the traditional means and methods of dealing with past gross abuses of power and political violence. In this section, the authors also expand and often challenge the ways that these processes and mechanisms are conceptualised and introduced. Part II provides a forum for the contributors to share their first hand experiences of how traditional and customary mechanisms of achieving justice can be effectively utilised. Part III includes a collection of essays which challenges existing transitional justice models and provides new lenses to examine the formal and traditional processes and mechanisms. It aims to expose insufficiencies and some of the inherent practical and jurisprudential problems facing the field. Finally, Part IV, looks to the future by examining what remedies can be available today for abuses of rights of the future generations and those who have no standing to claim their rights, such as the environment.

Current Issues in Transitional Justice

Current Issues in Transitional Justice PDF Author: Natalia Szablewska
Publisher: Springer
ISBN: 3319093908
Category : Psychology
Languages : en
Pages : 380

Get Book Here

Book Description
This volume is an inter-disciplinary scholarly resource bringing together contributions from writers, experienced academics and practitioners working in fields such as human rights, humanitarian law, public policy, psychology, cultural and peace studies, and earth jurisprudence. This collection of essays presents the most up to date knowledge and status of the field of transitional justice, and also highlights the emerging debates in this area, which are often overseen and underdeveloped in the literature. The volume provides a wide coverage of the arguments relating to controversial issues emanating from different regions of the world. The book is divided into four parts which groups different aspects of the problems and issues facing transitional justice as a field, and its processes and mechanisms more specifically. Part I concentrates on the traditional means and methods of dealing with past gross abuses of power and political violence. In this section, the authors also expand and often challenge the ways that these processes and mechanisms are conceptualised and introduced. Part II provides a forum for the contributors to share their first hand experiences of how traditional and customary mechanisms of achieving justice can be effectively utilised. Part III includes a collection of essays which challenges existing transitional justice models and provides new lenses to examine the formal and traditional processes and mechanisms. It aims to expose insufficiencies and some of the inherent practical and jurisprudential problems facing the field. Finally, Part IV, looks to the future by examining what remedies can be available today for abuses of rights of the future generations and those who have no standing to claim their rights, such as the environment.

Current Issues in Transitional Justice

Current Issues in Transitional Justice PDF Author: Natalia Szablewska
Publisher:
ISBN: 9783319093918
Category :
Languages : en
Pages : 392

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Book Description


Global Perspectives on People, Process, and Practice in Criminal Justice

Global Perspectives on People, Process, and Practice in Criminal Justice PDF Author: Leonard, Liam J.
Publisher: IGI Global
ISBN: 1799866483
Category : Law
Languages : en
Pages : 282

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Book Description
The United States incarcerates nearly one quarter of the world’s prison population with only five percent of its total inhabitants, in addition to a history of using internment camps and reservations. An overreliance on incarceration has emphasized long-standing and systemic racism in criminal justice systems and reveals a need to critically examine current processes in an effort to reform modern systems and provide the best practices for successfully responding to deviance. Global Perspectives on People, Process, and Practice in Criminal Justice is an essential scholarly reference that focuses on incarceration and imprisonment and reflects on the differences and alternatives to these policies in various parts of the world. Covering subjects from criminology and criminal justice to penology and prison studies, this book presents chapters that examine processes and responses to deviance in regions around the world including North America, Europe, the Middle East, and Asia. Uniquely, this book presents chapters that give a voice to those who are not always heard in debates about incarceration and justice such as those who have been incarcerated, family members of those incarcerated, and those who work within the walls of the prison system. Investigating significant topics that include carceral trauma, prisoner rights, recidivism, and desistance, this book is critical for academicians, researchers, policymakers, advocacy groups, students, government officials, criminologists, and other practitioners interested in criminal justice, penology, human rights, courts and law, victimology, and criminology.

Transitional Justice

Transitional Justice PDF Author: Prof Dr Chrisje Brants
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409472582
Category : Social Science
Languages : en
Pages : 434

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Book Description
Transitional justice is usually associated with international criminal courts and tribunals, but criminal justice is merely one way of dealing with the legacy of conflict and atrocity. Justice is not only a matter of law. It is a process of making sense of the past and accepting the possibility of a shared future together, although perpetrators, victims and bystanders may have very different memories and perceptions, experiences and expectations. This book goes further than providing a legal analysis of the effectiveness of transitional justice and presents a wider perspective. It is a critical appraisal of the different dimensions of the process of transitional justice that affects the imagery and constructions of past experiences and perceptions of conflict. Examining hidden histories of atrocities, public trials and memorialization, processes and rituals, artistic expressions and contradictory perceptions of past conflicts, the book constructs what transitional justice and the imagery involved can mean for a better understanding of the processes of justice, truth and reconciliation. In transcending the legal, although by no means denying the significance of law, the book also represents a multidisciplinary, holistic approach to justice and includes contributions from criminal and international lawyers, cultural anthropologists, criminologists, political scientists and historians.

The Conceptual Foundations of Transitional Justice

The Conceptual Foundations of Transitional Justice PDF Author: Colleen Murphy
Publisher: Cambridge University Press
ISBN: 1108228607
Category : Law
Languages : en
Pages : 233

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Book Description
Many countries have attempted to transition to democracy following conflict or repression, but the basic meaning of transitional justice remains hotly contested. In this book, Colleen Murphy analyses transitional justice - showing how it is distinguished from retributive, corrective, and distributive justice - and outlines the ethical standards which societies attempting to democratize should follow. She argues that transitional justice involves the just pursuit of societal transformation. Such transformation requires political reconciliation, which in turn has a complex set of institutional and interpersonal requirements including the rule of law. She shows how societal transformation is also influenced by the moral claims of victims and the demands of perpetrators, and how justice processes can fail to be just by failing to foster this transformation or by not treating victims and perpetrators fairly. Her book will be accessible and enlightening for philosophers, political and social scientists, policy analysts, and legal and human rights scholars and activists.

Building a Future on Peace and Justice

Building a Future on Peace and Justice PDF Author: Kai Ambos
Publisher: Springer Science & Business Media
ISBN: 3540857540
Category : Law
Languages : en
Pages : 566

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Book Description
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.

Transitional Justice

Transitional Justice PDF Author: Neil J. Kritz
Publisher: US Institute of Peace Press
ISBN: 9781878379436
Category : Law
Languages : en
Pages : 644

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Book Description
Foreword - Nelson Mandela

A Holistic Transitional Justice

A Holistic Transitional Justice PDF Author: Obert Hodzi
Publisher:
ISBN:
Category :
Languages : en
Pages : 174

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Book Description


Delayed Transitional Justice

Delayed Transitional Justice PDF Author: Mariana S. Mendes
Publisher: Taylor & Francis
ISBN: 1000914712
Category : Law
Languages : en
Pages : 182

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Book Description
This book addresses the issue of the timing of transitional justice policies in countries that had negotiated transitions from authoritarianism to democracy. Why are transitional justice measures often being implemented decades after the events they refer to? More specifically, what combination of factors leads to the implementation of transitional justice policies at certain moments in time? And, what explains countries’ different choices and trajectories? To address these questions, this book pursues a comparative analysis of three cases: comparing a case of ‘robust’ implementation of transitional justice measures (Uruguay), a case where only victim-centered measures were approved (Spain), and a case that sits in between these two (Brazil). Through an in-depth empirical analysis of these specific country-cases, and focusing on seven different transitional justice initiatives, the book identifies the determinants behind delayed transitional justice policies and explains why such policies are more robust in some settings than in others. In doing so, it provides a holistic account of post-transitional justice outcomes, offering more general conclusions and insights about the study of the drivers of transitional justice. This book will appeal to scholars and students of transitional justice in politics, law, and sociology, as well as to policymakers involved in the implementation and administration of transitional justice measures.

Transitional Justice and Peacebuilding on the Ground

Transitional Justice and Peacebuilding on the Ground PDF Author: Chandra Lekha Sriram
Publisher: Routledge
ISBN: 1136191143
Category : Political Science
Languages : en
Pages : 315

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Book Description
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.