The Contribution of Judiciary to Transitional Justice following the 1996-2006 Conflict in Nepal PDF Download
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Author: Anurag Devkota
Publisher: GRIN Verlag
ISBN: 3668989249
Category : Law
Languages : en
Pages : 73
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Book Description
Master's Thesis from the year 2014 in the subject Law - Public Law / Miscellaneous, grade: A, Loyola University Chicago, language: English, abstract: As Nepal continues to debate how to deal with the legacy of the internal armed conflict of 1996-2006, the rule of law and transitional justice are of utmost importance in the current setting. This paper aims to find a possible solution to why it is critical that the judiciary is better engaged in Transitional Justice going forward. To that end, the paper explores the non-judicial mechanism as a failed idea in the context of Nepal, the significant impact and importance of the judiciary’s involvement in Transitional Justice, the complementary roles judiciary could provide to the non-judicial mechanisms, and the possible pitfalls of the judiciary in Nepal. The paper analyzes the constructive role played by the judiciary of Nepal to date and the prospect of dealing with the crimes of the past in the future, as well as establishing prosecution as the best possible option for Nepal in the period of transition. The research methodology used is doctrinal, using the study of reports and scholarly articles as a major source of data collection. Various reports published by different Non-Governmental and Governmental organizations have been used for research purposes as well. Seeing as how the rule of law has been dismantled in this period of conflict, it can be established that judiciary has a better chance of re-establishing the rule of law in Nepal with a primary focus on access to justice through the prosecution. Uncovering the details of the past provides both a primer on what conditions permitted the violations of the rule of law in the past, and a deterrent to would-be human rights abusers of the future. Therefore, examining the crimes of the past via judiciary in the transitional justice scenario could help develop the institutional basis and the cultural norms to support the rule of law in Nepal. However, it is important to be cautious of the possible pitfalls of the judiciary in terms of dealing with the prosecution and its implementation.
Author: Anurag Devkota
Publisher: GRIN Verlag
ISBN: 3668989249
Category : Law
Languages : en
Pages : 73
Get Book
Book Description
Master's Thesis from the year 2014 in the subject Law - Public Law / Miscellaneous, grade: A, Loyola University Chicago, language: English, abstract: As Nepal continues to debate how to deal with the legacy of the internal armed conflict of 1996-2006, the rule of law and transitional justice are of utmost importance in the current setting. This paper aims to find a possible solution to why it is critical that the judiciary is better engaged in Transitional Justice going forward. To that end, the paper explores the non-judicial mechanism as a failed idea in the context of Nepal, the significant impact and importance of the judiciary’s involvement in Transitional Justice, the complementary roles judiciary could provide to the non-judicial mechanisms, and the possible pitfalls of the judiciary in Nepal. The paper analyzes the constructive role played by the judiciary of Nepal to date and the prospect of dealing with the crimes of the past in the future, as well as establishing prosecution as the best possible option for Nepal in the period of transition. The research methodology used is doctrinal, using the study of reports and scholarly articles as a major source of data collection. Various reports published by different Non-Governmental and Governmental organizations have been used for research purposes as well. Seeing as how the rule of law has been dismantled in this period of conflict, it can be established that judiciary has a better chance of re-establishing the rule of law in Nepal with a primary focus on access to justice through the prosecution. Uncovering the details of the past provides both a primer on what conditions permitted the violations of the rule of law in the past, and a deterrent to would-be human rights abusers of the future. Therefore, examining the crimes of the past via judiciary in the transitional justice scenario could help develop the institutional basis and the cultural norms to support the rule of law in Nepal. However, it is important to be cautious of the possible pitfalls of the judiciary in terms of dealing with the prosecution and its implementation.
Author:
Publisher:
ISBN: 9781623138783
Category : Human rights
Languages : en
Pages : 88
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Book Description
It has been 14 years since the armed conflict between Maoist insurgents and government forces ended in Nepal. Tens of thousands became victims of enforced disappearances, torture, rape, and unlawful killings in the decade of fighting between 1996 and 2006. They are still waiting for truth and justice. There have been hardly any successful prosecutions since the end of the conflict for severe violations. Resistance to address past abuses has entrenched impunity in the present and, combined with a failure to ensure security sector reform, has led to repeated lack of punishment in cases of serious human rights violations which still occur in Nepal. In a mounting number of alleged extrajudicial killings by the police, custodial deaths allegedly resulting from torture, and shootings of unarmed protesters in recent years, the authorities refused to take action despite strong evidence. We conclude that failure to provide justice for past crimes creates direct and tangible harms in the present: families who lost loved ones years ago continue to seek justice and are forced to live without closure. And as new cases of abuse by the police show, impunity for past crimes means that unaccountable and abusive individuals and institutions continue to claim new victims in post-conflict Nepal.
Author: Priscilla B. Hayner
Publisher: Routledge
ISBN: 1135245584
Category : History
Languages : en
Pages : 377
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Book Description
This book is a definitive exploration of truth commissions around the world and the anguish, injustice, and the legacy of hate they are meant to absolve.
Author: Lucien Huyse
Publisher: International IDEA
ISBN: 9789185724284
Category : Burundi
Languages : en
Pages : 0
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Book Description
This book presents the findings of a major comparative study examining the role played by traditional justice mechanisms in dealing with the legacy of violent conflict in Africa. It focuses on case studies of five countries -- Rwanda, Mozambique, Uganda, Sierra Leone and Burundi - that are used as the basis for outlining conclusions and options for future policy development in the related areas of post-conflict reconstruction, democracy building and development. "Traditional Justice & Reconciliation After Violent Conflict" suggests that in some circumstances traditional mechanisms can effectively complement conventional judicial systems and represent a real potential for promoting justice, reconciliation and a culture of democracy. At the same time it cautions against unrealistic expectations of traditional structures and offers a sober, evidence-based assessment of both the strengths and the weaknesses of traditional conflict management mechanisms within the broader framework of post-conflict social reconstruction efforts. The book is intended to serve both as a general knowledge resource and as a practitioner's guide for national bodies seeking to employ traditional justice mechanisms, as well as external agencies aiming to support such processes.
Author: Amal Alamuddin
Publisher: Oxford University Press
ISBN: 0199687455
Category : Law
Languages : en
Pages : 339
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Book Description
The Special Tribunal of the Lebanon is the first international Tribunal established to try the perpetrators of a terrorist act: the murder of the Lebanese Prime Minister in 2005. This book, written by practitioners with experience of the court and experts in international criminal law, provides a detailed assessment of its unique law and practice.
Author: Dr. TC Rao
Publisher: Blue Rose Publishers
ISBN:
Category : History
Languages : en
Pages : 264
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Book Description
"Nepal Rising: Journey from Monarchy to Democracy" chronicles the transformative narrative of Nepal's transition from a monarchy to a democratic republic. Spanning three decades of political upheaval, the book delves into the historical, social, and cultural forces that shaped Nepal's path towards democracy. It explores the people's resilience and their quest for freedom, equality, and justice in the face of political turmoil, civil unrest, and natural disasters. The narrative follows key events such as the 1990 People's Movement, the Maoist insurgency, and the abolition of the monarchy, offering insights into the challenges and triumphs of this monumental shift. Through personal anecdotes, political analysis, and societal perspectives, the book captures the spirit of Nepal's journey, highlighting the country's rich tapestry of diversity, struggle, and hope for the future.
Author: Deepak Thapa
Publisher:
ISBN:
Category : Communism
Languages : en
Pages : 428
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Book Description
Contributed articles on the movement led by Communist Party of Nepal (Maoist).
Author: James Meernik
Publisher: Cambridge University Press
ISBN: 1108585671
Category : Law
Languages : en
Pages : 447
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Book Description
For decades a bitter civil war between the Colombia government and armed insurgent groups tore apart Colombian society. After protracted negotiations in Havana, a peace agreement was accepted by the Colombian government and the FARC rebel group in 2016. This volume will provide academics and practitioners throughout the world with critical analyses regarding what we know generally about the post-war peace building process and how this can be applied to the specifics of the Colombian case to assist in the design and implementation of post-war peace building programs and policies. This unique group of Colombian and international scholars comment on critical aspects of the peace process in Colombia, transitional justice mechanisms, the role of state and non-state actors at the national and local levels, and examine what the Colombian case reveals about traditional theories and approaches to peace and transitional justice.
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: Than Bahadur Chhetri
Publisher: GRIN Verlag
ISBN: 3656077789
Category : Political Science
Languages : en
Pages : 9
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Book Description
Essay from the year 2011 in the subject Politics - International Politics - Region: Other States, Prithvi Narayan Campus (P.N.Campus, Pokhara, Nepal), course: none , language: English, abstract: The ideological conflicts among individuals, groups, political parties or nations occur in the process of acquiring power, position and prestige for safeguard their interests. Discussion on ideological conflicts and structural contradictions among principal actors in achieving national goal of peace and constitution has shown that their intra and inter party conflict, undemocratic behaviour, problem in ideological transformation of Maoists have obstructed the task of democratic transformation. The difficulty to democratic transition is ethnic identity rather than ideological conflict. This may determine the ideology of new regime, structure of authority, and federal values and roles of hardcore Maoists.
