Establishing Post-conflict Justice Through U.s. Occupation PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Establishing Post-conflict Justice Through U.s. Occupation PDF full book. Access full book title Establishing Post-conflict Justice Through U.s. Occupation by Naval Postgraduate School. Download full books in PDF and EPUB format.
Author: Naval Postgraduate School
Publisher: CreateSpace
ISBN: 9781500749583
Category : Political Science
Languages : en
Pages : 60
Get Book Here
Book Description
This book examines post-conflict justice in Iraq following the U.S. invasion, specifically, the legitimacy of the Iraq High Criminal Court and its first deliberation, the Al-Dujail trial of Saddam Hussein. It asks: How can the United States infuse transitional justice through Western forms of judicial procedures into the democratic transition of non- Western nations under U.S. military occupation? The analysis begins with International Military Tribunal at Nuremberg as a model of transformative post-conflict justice. Then it turns to the cloudier legacy of the Tokyo Trials, where the internal contradictions of this approach gathered force in the non-Western context and laid bare the shortcomings of the Nuremberg model. Finally, it examines the Iraqi tribunal, which demonstrated many of the shortcomings of earlier tribunals, to the detriment of the United States and the new Iraqi government. This book does not concern itself with the guilt or innocence of the former Iraqi dictator. The purpose is to better understand how the Coalition Provisional Authority established legal jurisdiction and to review the issues surrounding Saddam's trial. Finally, it suggests judicial processes that could be employed in non-Western cultures to support the transition from an insurgent post-conflict environment to peace.
Author: Naval Postgraduate School
Publisher: CreateSpace
ISBN: 9781500749583
Category : Political Science
Languages : en
Pages : 60
Get Book Here
Book Description
This book examines post-conflict justice in Iraq following the U.S. invasion, specifically, the legitimacy of the Iraq High Criminal Court and its first deliberation, the Al-Dujail trial of Saddam Hussein. It asks: How can the United States infuse transitional justice through Western forms of judicial procedures into the democratic transition of non- Western nations under U.S. military occupation? The analysis begins with International Military Tribunal at Nuremberg as a model of transformative post-conflict justice. Then it turns to the cloudier legacy of the Tokyo Trials, where the internal contradictions of this approach gathered force in the non-Western context and laid bare the shortcomings of the Nuremberg model. Finally, it examines the Iraqi tribunal, which demonstrated many of the shortcomings of earlier tribunals, to the detriment of the United States and the new Iraqi government. This book does not concern itself with the guilt or innocence of the former Iraqi dictator. The purpose is to better understand how the Coalition Provisional Authority established legal jurisdiction and to review the issues surrounding Saddam's trial. Finally, it suggests judicial processes that could be employed in non-Western cultures to support the transition from an insurgent post-conflict environment to peace.
Author: Janet C. Gerson
Publisher: Cambridge Scholars Publishing
ISBN: 1527571122
Category : Political Science
Languages : en
Pages : 274
Get Book Here
Book Description
This book presents an important contribution to our understanding of post-conflict justice as an essential element of global ethics and justice through an exploration of the World Tribunal on Iraq (WTI). The 2003 War in Iraq provoked worldwide protests and unleashed debates on the war’s illegitimacy and illegality. In response, the WTI was organized by anti-war and peace activists, international law experts, and ordinary people who claimed global citizens’ rights to investigate and document the war responsibilities of official authorities, governments, and the United Nations, as well as their violation of global public will. The WTI’s democratizing, experimental form constituted reclaimative post-conflict justice, a new conceptualization within the field of post-conflict and justice studies. This book serves as a theoretical and practical guide for all who seek to reclaim deliberative democracy as a viable foundation for revitalizing the ethical norms of a peaceful and just world order.
Author: David Chiwon Kwon
Publisher: CUA Press
ISBN: 0813236517
Category : Political Science
Languages : en
Pages : 313
Get Book Here
Book Description
Justice After War is aimed especially to both undergraduate and graduate students, as well as the general audience who want to understand the significance of a recent development within the just war tradition, namely, the increasing attention given to the category of jus post bellum (postwar justice and peace). While examining the interrelated challenges of moral and social norms in both political and legal domains, as well as church practices, this work proposes an innovative methodology for linking theology, ethics, and social science so that the ideal and the real can inform each other in the ethics of war and peacebuilding. The main task of this project, then, is to identify what the author views as three key themes of jus post bellum, and three practices that are essential to implementing jus post bellum immediately after a war: just policing, just punishment, and just political participation. David Kwon endeavors to challenge the view of those who suggest that reconciliation, mainly political reconciliation, is the foremost ambition of jus post bellum. Instead, he attempts to justify the proposition that achieving just policing, just punishment, and just political participation are essential to building a just peace, a peace in which the fundamental characteristic must be human security. It thus demonstrates that human security is an oft-neglected theme in the recent discourse of moral theologians and that a more balanced understanding of jus post bellum will direct attention to the elements composing human security in a postwar context.
Author: M. Cherif Bassiouni
Publisher: Brill Nijhoff
ISBN: 9781571051530
Category : Criminal justice, Administration of
Languages : en
Pages : 0
Get Book Here
Book Description
Thirty scholars and experts discuss and provide wide-ranging views on a variety of accountability measures: the establishment of ad hoc criminal tribunals for the Former Yugoslavia and Rwanda; truth commissions in South Africa and El Salvador; and lustration laws for the former Czechoslovakia and Germany after its reunification. Also discussed are amnesty for previous crimes and accountability, post-conflict justice involving issues pertaining to the restoration of law and order, and the rebuilding of failed national justice systems. In addition, the book also contains an important set of guidelines designed to achieve accountability and eliminate impunity. The guidelines with commentaries have been prepared by a distinguished group of experts, many of whom have also contributed articles to this volume. Published under the Transnational Publishers imprint.
Author: Chandra Lekha Sriram
Publisher: Routledge
ISBN: 1136191143
Category : Political Science
Languages : en
Pages : 315
Get Book Here
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.
Author: Robert Cameron Orr
Publisher: CSIS
ISBN: 9780892064441
Category : Political Science
Languages : en
Pages : 372
Get Book Here
Book Description
Events in Iraq, Afghanistan, and the Balkans have proved that failed and defeated states threaten the national security interests of the United States and the stability of entire regions. But success in addressing these threats clearly depends on more than military might; the post-conflict period is equally crucial. Case studies in this book examine the U.S. approach in Kosovo, East Timor, Sierra Leone, Afghanistan, and Iraq. The book offers policy guidance on how to handle current reconstruction challenges and on building capacity to do a better job when America is inevitably called on to restore failed nations in the future.
Author: Pablo De Greiff
Publisher:
ISBN: 9780979077296
Category : Developing countries
Languages : en
Pages : 0
Get Book Here
Book Description
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:
ISBN: 0195394941
Category : Law
Languages : en
Pages : 258
Get Book Here
Book Description
Among the most prominent and significant political and legal developments since the end of the Cold War is the proliferation of mechanisms for addressing the complex challenges of transition from authoritarian rule to human rights-based democratic constitutionalism, particularly with regards to the demands for accountability in relation to conflicts and abuses of the past. Whether one thinks of the Middle East, South Africa, the Balkans, Latin America, or Cambodia, an extraordinary amount of knowledge has been gained and processes instituted through transitional justice. No longer a byproduct or afterthought, transitional justice is unquestionably the driver of political change. In Globalizing Transitional Justice, Ruti G. Teitel provides a collection of her own essays that embody her evolving reflections on the practice and discourse of transitional justice since her book Transitional Justice published back in 2000. In this new book, Teitel focuses on the ways in which transitional justice concepts have found legal expression, especially through human rights law and jurisprudence, and international criminal law. These essays shed light on some of the difficult choices encountered in the design of transitional justice: criminal trials vs. amnesties, or truth commissions; domestic or international processes; peace and reconciliation vs. accountability and punishment. Transitional justice is considered not only in relation to political events and legal developments, but also in relation to the broader social and cultural tendencies of our times.
Author: Cante, Fredy
Publisher: IGI Global
ISBN: 1466696761
Category : Political Science
Languages : en
Pages : 586
Get Book Here
Book Description
In the era of globalization, awareness surrounding issues of violence and human rights violations has reached an all-time high. In a world where billions of human beings have the potential to create endless destruction, these same individuals are capable of working cooperatively to create adequate solutions to current global problems. The Handbook of Research on Transitional Justice and Peace Building in Turbulent Regions focuses on current issues facing nations and regions where poverty and conflict are endangering the lives of citizens as well as the socio-economic viability of those regions. Highlighting crucial topics and offering potential solutions to problems relating to domestic and international conflict, societal safety and security, as well as political instability, this comprehensive publication is designed to meet the research needs of economists, social theorists, politicians, policy makers, human rights activists, researchers, and graduate-level students across disciplines.
Author: James Dobbins
Publisher: Rand Corporation
ISBN: 0833034863
Category : Political Science
Languages : en
Pages : 281
Get Book Here
Book Description
The post-World War II occupations of Germany and Japan set standards for postconflict nation-building that have not since been matched. Only in recent years has the United States has felt the need to participate in similar transformations, but it is now facing one of the most challenging prospects since the 1940s: Iraq. The authors review seven case studies--Germany, Japan, Somalia, Haiti, Bosnia, Kosovo, and Afghanistan--and seek lessons about what worked well and what did not. Then, they examine the Iraq situation in light of these lessons. Success in Iraq will require an extensive commitment of financial, military, and political resources for a long time. The United States cannot afford to contemplate early exit strategies and cannot afford to leave the job half completed.
