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Author: Rachel Kerr
Publisher: John Wiley & Sons
ISBN: 0745657753
Category : Political Science
Languages : en
Pages : 263
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Book Description
In recent years there has been a tendency to intervene in the military, political and economic affairs of failed and failing states and those emerging from violent conflict. In many cases this has been accompanied by some form of international judicial intervention to address serious and widespread abuses of international humanitarian law and human rights in recognition of an explicit link between peace and justice. A range of judicial and non-judicial approaches has been adopted in recognition of the fact that there is no one-size-fits-all model through which to seek accountability. This book considers the merits and drawbacks of these different responses and sets out an original framework for analysing transitional societies and transitional justice mechanisms. Taking as its starting point the post-Second World War tribunals at Nuremburg and Tokyo, the book goes on to discuss the creation of ad hoc international tribunals in the 1990s, hybrid/mixed courts, the International Criminal Court, domestic trials, truth commissions and traditional justice mechanisms. With examples drawn from across the world, including the former Yugoslavia, Rwanda, Cambodia, Timor-Leste, Sierra Leone, Uganda and the DRC, it presents a compelling and comprehensive study of the key responses to war crimes. Peace and Justice is a timely contribution in a world where an ever-increasing number of post-conflict societies are grappling with the complex issues of transitional justice. It will be a valuable resource for students, scholars, practitioners and policy-makers seeking to understand past violations of human rights and the most effective ways of addressing them.
Author: Rachel Kerr
Publisher: John Wiley & Sons
ISBN: 0745657753
Category : Political Science
Languages : en
Pages : 263
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Book Description
In recent years there has been a tendency to intervene in the military, political and economic affairs of failed and failing states and those emerging from violent conflict. In many cases this has been accompanied by some form of international judicial intervention to address serious and widespread abuses of international humanitarian law and human rights in recognition of an explicit link between peace and justice. A range of judicial and non-judicial approaches has been adopted in recognition of the fact that there is no one-size-fits-all model through which to seek accountability. This book considers the merits and drawbacks of these different responses and sets out an original framework for analysing transitional societies and transitional justice mechanisms. Taking as its starting point the post-Second World War tribunals at Nuremburg and Tokyo, the book goes on to discuss the creation of ad hoc international tribunals in the 1990s, hybrid/mixed courts, the International Criminal Court, domestic trials, truth commissions and traditional justice mechanisms. With examples drawn from across the world, including the former Yugoslavia, Rwanda, Cambodia, Timor-Leste, Sierra Leone, Uganda and the DRC, it presents a compelling and comprehensive study of the key responses to war crimes. Peace and Justice is a timely contribution in a world where an ever-increasing number of post-conflict societies are grappling with the complex issues of transitional justice. It will be a valuable resource for students, scholars, practitioners and policy-makers seeking to understand past violations of human rights and the most effective ways of addressing them.
Author: Paul R. Williams
Publisher: Rowman & Littlefield
ISBN: 9780742518568
Category : Law
Languages : en
Pages : 354
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Book Description
In this work, two former State Department lawyers provide an account of how and why justice was misapplied and mishandled throughout the peace-builders' efforts to settle the Yugoslav conflict. The text is based on their personal experience, research and interviews with key players in the process.
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.
Author: Mark Kersten
Publisher: Oxford University Press
ISBN: 0191082945
Category : Law
Languages : en
Pages : 273
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Book Description
What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocities accountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes. While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions in Libya, northern Uganda - and beyond.
Author: I. William Zartman
Publisher: Rowman & Littlefield
ISBN: 0742536289
Category : Political Science
Languages : en
Pages : 356
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Book Description
This book examines the costs and benefits of ending the fighting in a range of conflicts, and probes the reasons why negotiators provide, or fail to provide, resolutions that go beyond just 'stopping the shooting.' A wide range of case studies is marshaled to explore relevant peacemaking situations, from the end of the Thirty Years' War and the Napoleonic Wars, to more recent settlements of the late 20th and early 21st centuries--including large scale conflicts like the end of WWII and smaller scale, sometimes internal conflicts like those in Cyprus, Armenia and Azerbaijan, and Mozambique. Cases on Bosnia and the Middle East add extra interest.
Author: Elin Skaar
Publisher: Routledge
ISBN: 1317696913
Category : Law
Languages : en
Pages : 232
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Book Description
After Violence: Transitional Justice, Peace, and Democracy examines the effects of transitional justice on the development of peace and democracy. Anticipated contributions of transitional justice mechanisms are commonly stated in universal terms, with little regard for historically specific contexts. Yet a truth commission, for example, will not have the same function in a society torn by long-term civil war or genocide as in a society emerging from authoritarian repression. Addressing trials, reparations, truth commissions, and amnesties, the book systematically addresses the experiences of four very different contemporary transitional justice cases: post-authoritarian Uruguay and Peru and post-conflict Rwanda and Angola. Its analysis demonstrates that context is a crucial determinant of the impact of transitional justice processes, and identifies specific contextual obstacles and limitations to these processes. The book will be of much interest to scholars in the fields of transitional justice and peacebuilding, as well as students generally concerned with human rights and democratisation.
Author: Christian De Vos
Publisher: Cambridge University Press
ISBN: 1316483266
Category : Law
Languages : en
Pages : 525
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Book Description
The International Criminal Court emerged in the early twenty-first century as an ambitious and permanent institution with a mandate to address mass atrocity crimes such as genocide and crimes against humanity. Although designed to exercise jurisdiction only in instances where states do not pursue these crimes themselves (and are unwilling or unable to do so), the Court's interventions, particularly in African states, have raised questions about the social value of its work and its political dimensions and effects. Bringing together scholars and practitioners who specialise on the ICC, this collection offers a diverse account of its interventions: from investigations to trials and from the Court's Hague-based centre to the networks of actors who sustain its activities. Exploring connections with transitional justice and international relations, and drawing upon critical insights from the interpretive social sciences, it offers a novel perspective on the ICC's work. This title is also available as Open Access.
Author: Elisabeth J. Porter
Publisher: Lynne Rienner Publishers
ISBN: 9781626372368
Category : Peace-building
Languages : en
Pages : 245
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Book Description
"A well-written and interesting book that takes the reader through a wide literature on - as the title promises - peace, justice, and reconciliation and ties these themes together in a compelling way." --Stephen Crowley, Oberlin College. "Porter puts forward important and often complex topic in a straightforward and accessible way.... This book makes a major contribution to the IR literature in general, as well as to discussions of post-conflict transformation, DDR and its challenges, and human, including feminist, security." --Joyce P. Kaufman, Whittier College. Can post-conflict states achieve both peace and justice as they deal with a traumatic past? What role does reconciliation play in healing wounds, building trust, and rectifying injustices? This provocative book, incorporating the frameworks of both peace/conflict studies and transitional justice, explores the core challenges that war-torn states confront once the violence has ended. The book is organized around a series of questions, each one the subject of a chapter, with each chapter presenting a wide range of practical examples and case studies. The author also stakes out a position on each question, encouraging readers to evaluate and respond to ideas, practices, and strategies. Narratives are a notable feature of the work, with the human consequences of war and peace highlighted throughout. Elisabeth Porter is professor of politics and international relations at the University of South Australia. Her recent publications include Peace and Security: Implications for Women and Peacebuilding: Women in International Perspective.
Author: Walter Leal Filho
Publisher: Springer
ISBN: 9783319959597
Category : Science
Languages : en
Pages : 0
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Book Description
The problems related to the process of industrialisation such as biodiversity depletion, climate change and a worsening of health and living conditions, especially but not only in developing countries, intensify. Therefore, there is an increasing need to search for integrated solutions to make development more sustainable. The United Nations has acknowledged the problem and approved the “2030 Agenda for Sustainable Development”. On 1st January 2016, the 17 Sustainable Development Goals (SDGs) of the Agenda officially came into force. These goals cover the three dimensions of sustainable development: economic growth, social inclusion and environmental protection. The Encyclopedia of the UN Sustainable Development Goals comprehensively addresses the SDGs in an integrated way. The Encyclopedia encompasses 17 volumes, each one devoted to one of the 17 SDGs. This volume addresses SDG 16, namely "Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels" and contains the description of a range of terms, which allows a better understanding and fosters knowledge. Concretely, the defined targets are: Significantly reduce all forms of violence and related death rates everywhere End abuse, exploitation, trafficking and all forms of violence against and torture of children Promote the rule of law at the national and international levels and ensure equal access to justice for all Significantly reduce illicit financial and arms flows, strengthen the recovery and return of stolen assets and combat all forms of organized crime Substantially reduce corruption and bribery in all their forms Develop effective, accountable and transparent institutions at all levels Ensure responsive, inclusive, participatory and representative decisionmaking at all levels Broaden and strengthen the participation of developing countries in the institutions of global governance Provide legal identity for all, including birth registration Ensure public access to information and protect fundamental freedoms, in accordance with national legislation and international agreements Strengthen relevant national institutions, including through international cooperation, for building capacity at all levels, in particular in developing countries, to prevent violence and combat terrorism and crime Promote and enforce non-discriminatory laws and policies for sustainable development Editorial Board Alexandra Aragão, Julinda Beqiraj, Dênis Antônio da Cunha, Renata Welinski da Silva Seabra, Golda A. Edwin, Thomas Kaydor, Tehmina Khan, Amanda Lange Salvia, Paula Lopes, Petra Schneider, Pinar Gökçin Özuyar
Author: Carsten Stahn
Publisher: Oxford University Press
ISBN: 0192556339
Category : Law
Languages : en
Pages : 380
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Book Description
The interplay between peace and justice plays an important role in any contemporary conflict. Peace can be described in a variety ways, as being 'negative' or 'positive', 'liberal' or 'democratic'. But what is it that makes a peace just? This book draws together leading scholars to study this concept of a 'just peace', analysing different elements of the transition from conflict to peace. The volume covers six core themes: conceptual approaches towards just peace, macro-principles, the nexus to security and stability, protection of persons and public goods, rule of law, and economic reform and accountability. Contributions engage with understudied issues, such as the pros and cons of robust UN mandates, the link between environmental protection and indigenous peoples, the treatment of illegal settlements, the feasibility of vetting practices, and the protection of labour rights in post-conflict economies. Overall, the book puts forward a case that just peace requires not only negotiation, agreement, and compromise, but contextual understandings of law, multiple dimensions of justice, and strategies of prevention. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is offered as a free PDF download from OUP and selected open access locations.
