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Author: Annie R. Bird
Publisher: Oxford University Press
ISBN: 0199338426
Category : Political Science
Languages : en
Pages : 241
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Book Description
Since the end of the Cold War, the United States has been a key driver of transitional justice. It has provided crucial political backing, as well as technical and financial assistance for trials, truth commissions, and other measures aimed at helping societies address serious human rights violations. Surprisingly, however, scholars have not analyzed closely the role of the US in transitional justice. This book offers the first systematic and cross-cutting account of US foreign policy on transitional justice. It explores the development of US foreign policy on the field from World War I to the present, and provides an in-depth examination of US involvement in measures in Cambodia, Liberia, and Colombia. Annie Bird supports her findings with nearly 200 interviews with key US and foreign government officials, staff of transitional justice measures, and country experts. By "opening the black box" of US foreign policy, the book shows how the diverse and evolving interests of presidential administrations, Congress, the State Department, and other agencies play a major role in shaping US involvement in transitional justice. The book argues that, despite multiple influences, US foreign policy on transitional justice is characterized by a distinctive approach that is symbolic, retributive, and strategic. As the book concludes, this approach has influenced the field as a whole, including the establishment, design, and implementation of transitional justice measures.
Author: Annie R. Bird
Publisher: Oxford University Press
ISBN: 0199338426
Category : Political Science
Languages : en
Pages : 241
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Book Description
Since the end of the Cold War, the United States has been a key driver of transitional justice. It has provided crucial political backing, as well as technical and financial assistance for trials, truth commissions, and other measures aimed at helping societies address serious human rights violations. Surprisingly, however, scholars have not analyzed closely the role of the US in transitional justice. This book offers the first systematic and cross-cutting account of US foreign policy on transitional justice. It explores the development of US foreign policy on the field from World War I to the present, and provides an in-depth examination of US involvement in measures in Cambodia, Liberia, and Colombia. Annie Bird supports her findings with nearly 200 interviews with key US and foreign government officials, staff of transitional justice measures, and country experts. By "opening the black box" of US foreign policy, the book shows how the diverse and evolving interests of presidential administrations, Congress, the State Department, and other agencies play a major role in shaping US involvement in transitional justice. The book argues that, despite multiple influences, US foreign policy on transitional justice is characterized by a distinctive approach that is symbolic, retributive, and strategic. As the book concludes, this approach has influenced the field as a whole, including the establishment, design, and implementation of transitional justice measures.
Author: Arnaud Kurze
Publisher: Indiana University Press
ISBN: 0253039932
Category : Political Science
Languages : en
Pages : 306
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Book Description
Since the 1980s, transitional justice mechanisms have been increasingly applied to account for mass atrocities and grave human rights violations throughout the world. Over time, post-conflict justice practices have expanded across continents and state borders and have fueled the creation of new ideas that go beyond traditional notions of amnesty, retribution, and reconciliation. Gathering work from contributors in international law, political science, sociology, and history, New Critical Spaces in Transitional Justice addresses issues of space and time in transitional justice studies. It explains new trends in responses to post-conflict and post-authoritarian nations and offers original empirical research to help define the field for the future.
Author: Zachary D. Kaufman
Publisher: Oxford University Press
ISBN: 0190655488
Category : Law
Languages : en
Pages : 433
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Book Description
In United States Law and Policy on Transitional Justice: Principles, Politics, and Pragmatics, Zachary D. Kaufman explores the U.S. government's support for, or opposition to, certain transitional justice institutions. By first presenting an overview of possible responses to atrocities (such as war crimes tribunals) and then analyzing six historical case studies, Kaufman evaluates why and how the United States has pursued particular transitional justice options since World War II. This book challenges the "legalist" paradigm, which postulates that liberal states pursue war crimes tribunals because their decision-makers hold a principled commitment to the rule of law. Kaufman develops an alternative theory-"prudentialism"-which contends that any state (liberal or illiberal) may support bona fide war crimes tribunals. More generally, prudentialism proposes that states pursue transitional justice options, not out of strict adherence to certain principles, but as a result of a case-specific balancing of politics, pragmatics, and normative beliefs. Kaufman tests these two competing theories through the U.S. experience in six contexts: Germany and Japan after World War II, the 1988 bombing of Pan Am flight 103, the 1990-1991 Iraqi offenses against Kuwaitis, the atrocities in the former Yugoslavia in the 1990s, and the 1994 Rwandan genocide. Kaufman demonstrates that political and pragmatic factors featured as or more prominently in U.S. transitional justice policy than did U.S. government officials' normative beliefs. Kaufman thus concludes that, at least for the United States, prudentialism is superior to legalism as an explanatory theory in transitional justice policymaking.
Author: Naomi Roht-Arriaza
Publisher: Cambridge University Press
ISBN: 1139458655
Category : Social Science
Languages : en
Pages : 317
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Book Description
Dealing with the aftermath of civil conflict or the fall of a repressive government continues to trouble countries throughout the world. Whereas much of the 1990s was occupied with debates concerning the relative merits of criminal prosecutions and truth commissions, by the end of the decade a consensus emerged that this either/or approach was inappropriate and unnecessary. A second generation of transitional justice experiences have stressed both truth and justice and recognize that a single method may inadequately serve societies rebuilding after conflict or dictatorship. Based on studies in ten countries, this book analyzes how some combine multiple institutions, others experiment with community-level initiatives that draw on traditional law and culture, whilst others combine internal actions with transnational or international ones. The authors argue that transitional justice efforts must also consider the challenges to legitimacy and local ownership emerging after external military intervention or occupation.
Author: Global South Study Center (GSSC), University of Cologne
Publisher: Lexington Books
ISBN: 1498513867
Category : History
Languages : en
Pages : 216
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Book Description
Legacies of State Violence and Transitional Justice in Latin America presents a nuanced and evidence-based discussion of both the acceptance and co-optation of the transitional justice framework and its potential abuses in the context of the struggle to keep the memory of the past alive and hold perpetrators accountable within Latin America and beyond. The contributors argue that “transitional justice”—understood as both a conceptual framework shaping discourses and a set of political practices—is a Janus-faced paradigm. Historically it has not always advanced but often hindered attempts to achieve historical memory and seek truth and justice. This raises the vital question: what other theoretical frameworks can best capture legacies of human rights crimes? Providing a historical view of current developments in Latin America’s reckoning processes, Legacies of State Violence and Transitional Justice in Latin America reflects on the meaning of the paradigm’s reception: what are the broader political and social consequences of supporting, appropriating, or rejecting the transitional justice paradigm?
Author: Donny Meertens
Publisher: University of Wisconsin Press
ISBN: 0299325601
Category : History
Languages : en
Pages : 225
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Book Description
Fifty years of violence perpetrated by guerrillas, paramilitaries, and official armed forces in Colombia displaced more than six million people. In 2011, as part of a larger transitional justice process, the Colombian government approved a law that would restore land rights for those who lost their homes during the conflicts. However, this restitution process lacked appropriate provisions for rural women beyond granting them a formal property title. Drawing on decades of research, Elusive Justice demonstrates how these women continue to face numerous adverse circumstances, including geographical isolation, encroaching capitalist enterprises, and a dearth of social and institutional support. Donny Meertens contends that women's advocacy organizations must have a prominent role in overseeing these transitional policies in order to create a more just society. By bringing together the underresearched topic of property repayment and the pursuit of gender justice in peacebuilding, these findings have broad significance elsewhere in the world.
Author: Colleen Murphy
Publisher: Cambridge University Press
ISBN: 1108228607
Category : Law
Languages : en
Pages : 233
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Book Description
Many countries have attempted to transition to democracy following conflict or repression, but the basic meaning of transitional justice remains hotly contested. In this book, Colleen Murphy analyses transitional justice - showing how it is distinguished from retributive, corrective, and distributive justice - and outlines the ethical standards which societies attempting to democratize should follow. She argues that transitional justice involves the just pursuit of societal transformation. Such transformation requires political reconciliation, which in turn has a complex set of institutional and interpersonal requirements including the rule of law. She shows how societal transformation is also influenced by the moral claims of victims and the demands of perpetrators, and how justice processes can fail to be just by failing to foster this transformation or by not treating victims and perpetrators fairly. Her book will be accessible and enlightening for philosophers, political and social scientists, policy analysts, and legal and human rights scholars and activists.
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: Ruti G. Teitel
Publisher: Oxford University Press
ISBN: 019988224X
Category : Law
Languages : en
Pages : 305
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Book Description
At the century's end, societies all over the world are throwing off the yoke of authoritarian rule and beginning to build democracies. At any such time of radical change, the question arises: should a society punish its ancien regime or let bygones be bygones? Transitional Justice takes this question to a new level with an interdisciplinary approach that challenges the very terms of the contemporary debate. Ruti Teitel explores the recurring dilemma of how regimes should respond to evil rule, arguing against the prevailing view favoring punishment, yet contending that the law nevertheless plays a profound role in periods of radical change. Pursuing a comparative and historical approach, she presents a compelling analysis of constitutional, legislative, and administrative responses to injustice following political upheaval. She proposes a new normative conception of justice--one that is highly politicized--offering glimmerings of the rule of law that, in her view, have become symbols of liberal transition. Its challenge to the prevailing assumptions about transitional periods makes this timely and provocative book essential reading for policymakers and scholars of revolution and new democracies.
Author: National Research Council
Publisher: National Academies Press
ISBN: 0309171733
Category : Political Science
Languages : en
Pages : 640
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Book Description
The end of the Cold War has changed the shape of organized violence in the world and the ways in which governments and others try to set its limits. Even the concept of international conflict is broadening to include ethnic conflicts and other kinds of violence within national borders that may affect international peace and security. What is not yet clear is whether or how these changes alter the way actors on the world scene should deal with conflict: Do the old methods still work? Are there new tools that could work better? How do old and new methods relate to each other? International Conflict Resolution After the Cold War critically examines evidence on the effectiveness of a dozen approaches to managing or resolving conflict in the world to develop insights for conflict resolution practitioners. It considers recent applications of familiar conflict management strategies, such as the use of threats of force, economic sanctions, and negotiation. It presents the first systematic assessments of the usefulness of some less familiar approaches to conflict resolution, including truth commissions, "engineered" electoral systems, autonomy arrangements, and regional organizations. It also opens up analysis of emerging issues, such as the dilemmas facing humanitarian organizations in complex emergencies. This book offers numerous practical insights and raises key questions for research on conflict resolution in a transforming world system.
