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Author: Zakia Afrin
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
In Post-Conflict Iraq, justice meant holding the previous Iraqi government liable for its thirty five years' of atrocities against Iraqi citizens and reconstructing the judicial system while introducing the notion of an independent judiciary. In this article, I analyze the Iraqi Transitional Authority's approach and initiative regarding Post-Conflict justice in Iraq. Describing the actions of the authority, I seek to answer three questions: first did the statute of special tribunal meet international standards? Second, did the trial of Saddam Hussein serve to satisfy the goals of Post-Conflict justice? Third, did the Transitional Authority's actions associated with reconstructing the justice system comply with its mandate under International Law?
Author: Zakia Afrin
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
In Post-Conflict Iraq, justice meant holding the previous Iraqi government liable for its thirty five years' of atrocities against Iraqi citizens and reconstructing the judicial system while introducing the notion of an independent judiciary. In this article, I analyze the Iraqi Transitional Authority's approach and initiative regarding Post-Conflict justice in Iraq. Describing the actions of the authority, I seek to answer three questions: first did the statute of special tribunal meet international standards? Second, did the trial of Saddam Hussein serve to satisfy the goals of Post-Conflict justice? Third, did the Transitional Authority's actions associated with reconstructing the justice system comply with its mandate under International Law?
Author:
Publisher:
ISBN:
Category : Peace-building
Languages : en
Pages : 81
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Book Description
Author: Naval Postgraduate School
Publisher: CreateSpace
ISBN: 9781500749583
Category : Political Science
Languages : en
Pages : 60
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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: 9781527569324
Category :
Languages : en
Pages :
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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 warâ (TM)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 citizensâ (TM) 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 WTIâ (TM)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: Janet C. Gerson
Publisher: Cambridge Scholars Publishing
ISBN: 1527571122
Category : Political Science
Languages : en
Pages : 274
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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: William H. Wiley
Publisher: Torkel Opsahl Academic EPublisher
ISBN: 8283480049
Category : Law
Languages : en
Pages : 4
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Book Description
Author: M. Cherif Bassiouni
Publisher: Brill Nijhoff
ISBN: 9781571051530
Category : Criminal justice, Administration of
Languages : en
Pages : 0
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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: Daniel Bertrand Monk
Publisher: University of Michigan Press
ISBN: 0472900897
Category : Political Science
Languages : en
Pages : 249
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Book Description
In case studies focusing on contemporary crises spanning Africa, the Middle East, and Eastern Europe, the scholars in this volume examine the dominant prescriptive practices of late neoliberal post-conflict interventions—such as statebuilding, peacebuilding, transitional justice, refugee management, reconstruction, and redevelopment—and contend that the post-conflict environment is in fact created and sustained by this international technocratic paradigm of peacebuilding. Key international stakeholders—from activists to politicians, humanitarian agencies to financial institutions—characterize disparate sites as “weak,” “fragile,” or “failed” states and, as a result, prescribe peacebuilding techniques that paradoxically disable effective management of post-conflict spaces while perpetuating neoliberal political and economic conditions. Treating all efforts to represent post-conflict environments as problematic, the goal becomes understanding the underlying connection between post-conflict conditions and the actions and interventions of peacebuilding technocracies.
Author: Eric D. Patterson
Publisher: Yale University Press
ISBN: 0300183526
Category : Political Science
Languages : en
Pages : 203
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Book Description
Though scholars of political science and moral philosophy have long analyzed the justifications for and against waging war as well as the ethics of warfare itself, the problem of ending wars has received less attention. In the first book to apply just war theory to this phase of conflict, Eric Patterson presents a three-part view of justice in end-of-war settings involving order, justice, and reconciliation. Patterson’s case studies range from successful applications of jus post bellum, such as the U.S. Civil War or Kosovo, to challenges such as present-day Iraq.
Author: Deborah Isser
Publisher: US Institute of Peace Press
ISBN: 1601270666
Category : History
Languages : en
Pages : 402
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Book Description
The major peacekeeping and stability operations of the last ten years have mostly taken place in countries that have pervasive customary justice systems, which pose significant challenges and opportunities for efforts to reestablish the rule of law. These systems are the primary, if not sole, means of dispute resolution for the majority of the population, but post-conflict practitioners and policymakers often focus primarily on constructing formal justice institutions in the Western image, as opposed to engaging existing traditional mechanisms. This book offers insight into how the rule of law community might make the leap beyond rhetorical recognition of customary justice toward a practical approach that incorporates the realities of its role in justice strategies."Customary Justice and the Rule of Law in War-Torn Societies" presents seven in-depth case studies that take a broad interdisciplinary approach to the study of the justice system. Moving beyond the narrow lens of legal analysis, the cases Mozambique, Guatemala, East Timor, Afghanistan, Liberia, Iraq, Sudan examine the larger historical, political, and social factors that shape the character and role of customary justice systems and their place in the overall justice sector. Written by resident experts, the case studies provide advice to rule of law practitioners on how to engage with customary law and suggest concrete ways policymakers can bridge the divide between formal and customary systems in both the short and long terms. Instead of focusing exclusively on ideal legal forms of regulation and integration, this study suggests a holistic and flexible palette of reform options that offers realistic improvements in light of social realities and capacity limitations. The volume highlights how customary justice systems contribute to, or detract from, stability in the immediate post-conflict period and offers an analytical framework for assessing customary justice systems that can be applied in any country. "
