Transformative Transitional Justice and the Malleability of Post-Conflict States PDF Download
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Author: Padraig McAuliffe
Publisher: Edward Elgar Publishing
ISBN: 1783470046
Category : Law
Languages : en
Pages : 443
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Book Description
Despite the growing focus on issues of socio-economic transformation in contemporary transitional justice, the path dependencies imposed by the political economy of war-to-peace transitions and the limitations imposed by weak statehood are seldom considered. This book explores transitional justice’s prospects for seeking economic justice and reform of structures of poverty in the specific context of post-conflict states.
Author: Padraig McAuliffe
Publisher: Edward Elgar Publishing
ISBN: 1783470046
Category : Law
Languages : en
Pages : 443
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Book Description
Despite the growing focus on issues of socio-economic transformation in contemporary transitional justice, the path dependencies imposed by the political economy of war-to-peace transitions and the limitations imposed by weak statehood are seldom considered. This book explores transitional justice’s prospects for seeking economic justice and reform of structures of poverty in the specific context of post-conflict states.
Author: Huma Saeed
Publisher: Taylor & Francis
ISBN: 1000653838
Category : Law
Languages : en
Pages : 161
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Book Description
Maintaining the importance of socio-economic issues in devising transitional justice mechanisms, this book examines the widespread practice of land grabbing in Afghanistan. On 3 September 2003, 100 armed police officers bulldozed around 30 homes in the Sherpur neighborhood of Kabul, Afghanistan, evicting over 250 people. Historically, the land was part of the property of the Ministry of Defense, of which a zone was allocated to the ministry’s employees who had built homes and had lived there for nearly 30 years. After the demolition, however, the land was distributed among 300 high-ranking government officials, including ministers, deputy ministers, governors and other powerful warlords. Land grabbing in Afghanistan has become a widespread practice across the country. Based on over 50 semi-structured interviews with key informants and group discussions with war victims and local experts in Kabul, the current book examines the relevance of transitional justice discourse and practice in response to this situation. Following a critical criminological concern with social harm, the book maintains that it is not enough to consider a country’s political history of violent conflict and the violation of civil and political rights alone. Rather, to decide on appropriate transitional justice mechanisms, it is crucial to consider a country’s socio-economic background, and above all the socio-economic harm inflicted on people during periods of violent conflict. This original and detailed account of the socio-economic challenges faced by transitional justice mechanisms will be of interest to those studying and working in this area in law, politics, development studies and criminology.
Author: Pablo De Greiff
Publisher:
ISBN: 9780979077296
Category : Developing countries
Languages : en
Pages : 0
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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: Paul Gready
Publisher: Cambridge University Press
ISBN: 1108668577
Category : Political Science
Languages : en
Pages : 345
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Book Description
Transitional justice has become the principle lens used by countries emerging from conflict and authoritarian rule to address the legacies of violence and serious human rights abuses. However, as transitional justice practice becomes more institutionalized with support from NGOs and funding from Western donors, questions have been raised about the long-term effectiveness of transitional justice mechanisms. Core elements of the paradigm have been subjected to sustained critique, yet there is much less commentary that goes beyond critique to set out, in a comprehensive fashion, what an alternative approach might look like. This volume discusses one such alternative, transformative justice, and positions this quest in the wider context of ongoing fall-out from the 2008 global economic and political crisis, as well as the failure of social justice advocates to respond with imagination and ambition. Drawing on diverse perspectives, contributors illustrate the wide-ranging purchase of transformative justice at both conceptual and empirical levels.
Author: Janine Natalya Clark
Publisher: Cambridge University Press
ISBN: 110891151X
Category : Law
Languages : en
Pages : 309
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Book Description
Processes of post-war reconstruction, peacebuilding and reconciliation are partly about fostering stability and adaptive capacity across different social systems. Nevertheless, these processes have seldom been expressly discussed within a resilience framework. Similarly, although the goals of transitional justice – among them (re)establishing the rule of law, delivering justice and aiding reconciliation – implicitly encompass a resilience element, transitional justice has not been explicitly theorised as a process for building resilience in communities and societies that have suffered large-scale violence and human rights violations. The chapters in this unique volume theoretically and empirically explore the concept of resilience in diverse societies that have experienced mass violence and human rights abuses. They analyse the extent to which transitional justice processes have – and can – contribute to resilience and how, in so doing, they can foster adaptive peacebuilding. This book is available as Open Access.
Author: Laura García Martín
Publisher: Routledge
ISBN: 1000497259
Category : Business & Economics
Languages : en
Pages : 217
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Book Description
This book explores the intersection of two emergent and vibrant fields of study in international human rights law: transitional justice and corporate accountability for human rights abuses. While both have received significant academic and political attention, the potential links between them remain largely unexplored. This book addresses the normative question of how international human rights law should deal with corporate accountability and violations of economic, social and cultural rights in transitional justice processes. Drawing on the Argentinian transitional justice process, the book outlines the theoretical and practical challenges of including corporate accountability in transitional justice processes through existing mechanisms. Offering specific insights about how to deal with those challenges, it argues that consideration of the role of all actors, and the whole spectrum of human rights violated, is crucial to properly address the root causes of violence and conflict as well as to contribute to a sustainable and positive peace. This interdisciplinary book will be of interest to students and scholars of transitional justice, human rights law, corporate law and international law.
Author: Martina Fischer
Publisher: Routledge
ISBN: 1317529561
Category : Law
Languages : en
Pages : 287
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Book Description
Scholars and practitioners alike agree that somehow the past needs to be addressed in order to enable individuals and collectives to rebuild trust and relationships. However, they also continue to struggle with critical questions. When is the right moment to address the legacies of the past after violent conflict? How can societies address the past without deepening the pain that arises from memories related to the violence and crimes committed in war? How can cultures of remembrance be established that would include and acknowledges the victims of all sides involved in violent conflict? How can various actors deal constructively with different interpretations of facts and history? Two decades after the wars, societies in Bosnia, Serbia and Croatia – albeit to different degrees – are still facing the legacies of the wars of the 1990s on a daily basis. Reconciliation between and within these societies remains a formidable challenge, given that all three countries are still facing unresolved disputes either at a cross-border level or amongst parallel societies that persist at a local community level. This book engages scholars and practitioners from the regions of former Yugoslavia, as well as international experts, to reflect on the achievements and obstacles that characterise efforts to deal with the past. Drawing variously on empirical studies, theoretical discussions, and practical experience, their contributions offer invaluable insights into the complex relationship between transitional justice and conflict transformation.
Author: Clara Ramirez-Barat
Publisher:
ISBN: 9780911400021
Category : Human rights
Languages : en
Pages : 0
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Book Description
"Transitional justice processes have a fundamental public dimension: their impact depends in part on the social support they receive. Beyond outreach programs, other initiatives, such as media and cultural interventions, can strengthen--or in some cases undermine--the public resonance of transitional justice. How can media and art be used to engage society in discussions around accountability? How do media influence social perceptions and attitudes toward the legacy of the past? To what extent is social engagement in the public sphere necessary to advance the political transformation that transitional justice measures hope to promote? Examining the roles that culture and society play in transitional justice contexts, this volume focuses on the ways in which communicative practices can raise public awareness of and reflection upon the legacies of mass abuse." -- Publisher's description.
Author: Clara Ramirez-Barat
Publisher:
ISBN: 9780911400038
Category : Democracy and education
Languages : en
Pages : 0
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Book Description
After periods of conflict and authoritarianism, educational institutions often need to be reformed or rebuilt. But in settings where education has been used to support repressive policies and human rights violations, or where conflict and abuses have resulted in lost educational opportunities, legacies of injustice may pose significant challenges to effective reform. Peacebuilding and development perspectives, which normally drive the reconstruction agenda, pay little attention to the violent past. Transitional Justice and Education: Learning Peace presents the findings of a research project of the International Center for Transitional Justice on the relationship between transitional justice and education in peacebuilding contexts. The book examines how transitional justice can shape the reform of education systems by ensuring programs are sensitive to the legacies of the past, how it can facilitate the reintegration of children and youth into society, and how education can engage younger generations in the work of transitional justice.
Author: Hugo Van der Merwe
Publisher: US Institute of Peace Press
ISBN: 1601270364
Category : Law
Languages : en
Pages : 348
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Book Description
In Assessing the Impact of Transitional Justice, fourteen leading researchers study seventy countries that have suffered from autocratic rule, genocide, and protracted internal conflict.
