Current Issues in Transitional Justice

Current Issues in Transitional Justice PDF Author: Natalia Szablewska
Publisher: Springer
ISBN: 3319093908
Category : Psychology
Languages : en
Pages : 380

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Book Description
This volume is an inter-disciplinary scholarly resource bringing together contributions from writers, experienced academics and practitioners working in fields such as human rights, humanitarian law, public policy, psychology, cultural and peace studies, and earth jurisprudence. This collection of essays presents the most up to date knowledge and status of the field of transitional justice, and also highlights the emerging debates in this area, which are often overseen and underdeveloped in the literature. The volume provides a wide coverage of the arguments relating to controversial issues emanating from different regions of the world. The book is divided into four parts which groups different aspects of the problems and issues facing transitional justice as a field, and its processes and mechanisms more specifically. Part I concentrates on the traditional means and methods of dealing with past gross abuses of power and political violence. In this section, the authors also expand and often challenge the ways that these processes and mechanisms are conceptualised and introduced. Part II provides a forum for the contributors to share their first hand experiences of how traditional and customary mechanisms of achieving justice can be effectively utilised. Part III includes a collection of essays which challenges existing transitional justice models and provides new lenses to examine the formal and traditional processes and mechanisms. It aims to expose insufficiencies and some of the inherent practical and jurisprudential problems facing the field. Finally, Part IV, looks to the future by examining what remedies can be available today for abuses of rights of the future generations and those who have no standing to claim their rights, such as the environment.

Current Issues in Transitional Justice

Current Issues in Transitional Justice PDF Author: Natalia Szablewska
Publisher: Springer
ISBN: 3319093908
Category : Psychology
Languages : en
Pages : 380

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Book Description
This volume is an inter-disciplinary scholarly resource bringing together contributions from writers, experienced academics and practitioners working in fields such as human rights, humanitarian law, public policy, psychology, cultural and peace studies, and earth jurisprudence. This collection of essays presents the most up to date knowledge and status of the field of transitional justice, and also highlights the emerging debates in this area, which are often overseen and underdeveloped in the literature. The volume provides a wide coverage of the arguments relating to controversial issues emanating from different regions of the world. The book is divided into four parts which groups different aspects of the problems and issues facing transitional justice as a field, and its processes and mechanisms more specifically. Part I concentrates on the traditional means and methods of dealing with past gross abuses of power and political violence. In this section, the authors also expand and often challenge the ways that these processes and mechanisms are conceptualised and introduced. Part II provides a forum for the contributors to share their first hand experiences of how traditional and customary mechanisms of achieving justice can be effectively utilised. Part III includes a collection of essays which challenges existing transitional justice models and provides new lenses to examine the formal and traditional processes and mechanisms. It aims to expose insufficiencies and some of the inherent practical and jurisprudential problems facing the field. Finally, Part IV, looks to the future by examining what remedies can be available today for abuses of rights of the future generations and those who have no standing to claim their rights, such as the environment.

Transitional Justice

Transitional Justice PDF Author: Prof Dr Chrisje Brants
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409472582
Category : Social Science
Languages : en
Pages : 434

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Book Description
Transitional justice is usually associated with international criminal courts and tribunals, but criminal justice is merely one way of dealing with the legacy of conflict and atrocity. Justice is not only a matter of law. It is a process of making sense of the past and accepting the possibility of a shared future together, although perpetrators, victims and bystanders may have very different memories and perceptions, experiences and expectations. This book goes further than providing a legal analysis of the effectiveness of transitional justice and presents a wider perspective. It is a critical appraisal of the different dimensions of the process of transitional justice that affects the imagery and constructions of past experiences and perceptions of conflict. Examining hidden histories of atrocities, public trials and memorialization, processes and rituals, artistic expressions and contradictory perceptions of past conflicts, the book constructs what transitional justice and the imagery involved can mean for a better understanding of the processes of justice, truth and reconciliation. In transcending the legal, although by no means denying the significance of law, the book also represents a multidisciplinary, holistic approach to justice and includes contributions from criminal and international lawyers, cultural anthropologists, criminologists, political scientists and historians.

Global Perspectives on People, Process, and Practice in Criminal Justice

Global Perspectives on People, Process, and Practice in Criminal Justice PDF Author: Leonard, Liam J.
Publisher: IGI Global
ISBN: 1799866483
Category : Law
Languages : en
Pages : 282

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Book Description
The United States incarcerates nearly one quarter of the world’s prison population with only five percent of its total inhabitants, in addition to a history of using internment camps and reservations. An overreliance on incarceration has emphasized long-standing and systemic racism in criminal justice systems and reveals a need to critically examine current processes in an effort to reform modern systems and provide the best practices for successfully responding to deviance. Global Perspectives on People, Process, and Practice in Criminal Justice is an essential scholarly reference that focuses on incarceration and imprisonment and reflects on the differences and alternatives to these policies in various parts of the world. Covering subjects from criminology and criminal justice to penology and prison studies, this book presents chapters that examine processes and responses to deviance in regions around the world including North America, Europe, the Middle East, and Asia. Uniquely, this book presents chapters that give a voice to those who are not always heard in debates about incarceration and justice such as those who have been incarcerated, family members of those incarcerated, and those who work within the walls of the prison system. Investigating significant topics that include carceral trauma, prisoner rights, recidivism, and desistance, this book is critical for academicians, researchers, policymakers, advocacy groups, students, government officials, criminologists, and other practitioners interested in criminal justice, penology, human rights, courts and law, victimology, and criminology.

Theorizing Transitional Justice

Theorizing Transitional Justice PDF Author: Claudio Corradetti
Publisher: Routledge
ISBN: 1317010876
Category : Law
Languages : en
Pages : 276

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Book Description
This book addresses the theoretical underpinnings of the field of transitional justice, something that has hitherto been lacking both in study and practice. With the common goal of clarifying some of the theoretical profiles of transitional justice strategies, the study is organized along crucial intersections evaluating aspects connected to the genealogy, the nature, the scope and the most appropriate methodology for the study of transitional justice. The chapters also take up normative and political considerations pertaining to specific transitional instruments such as war crime tribunals, truth commissions, administrative purges, reparations, and historical commissions. Bringing together some of the most original writings from established experts as well as from promising young scholars in the field, the collection will be an essential resource for researchers, academics and policy-makers in Law, Philosophy, Politics, and Sociology.

Transitional Justice

Transitional Justice PDF Author: American Society for Political and Legal Philosophy. Meeting
Publisher: NYU Press
ISBN: 0814794661
Category : Law
Languages : en
Pages : 382

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Book Description
"This volume ... arose out of the papers and commentaries presented at the annual meeting of the American Society for Legal and Political Philosophy in conjunction with the American Political Science Association meetings in Washington, D.C., in September 2005"--Preface.

Building a Future on Peace and Justice

Building a Future on Peace and Justice PDF Author: Kai Ambos
Publisher: Springer Science & Business Media
ISBN: 3540857540
Category : Law
Languages : en
Pages : 566

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Book Description
Results of the 2007 Nuremberg Conference on Peace and Justice: Tensions between peace and justice have long been debated by scholars, practitioners and agencies including the United Nations, and both theory and policy must be refined for very practical application in situations emerging from violent conflict or political repression. Specific contexts demand concrete decisions and approaches aimed at redress of grievance and creation of conditions of social justice for a non-violent future. There has been definitive progress in a world in which blanket amnesties were granted at times with little hesitation. There is a growing understanding that accountability has pragmatic as well as principled arguments in its favour. Practical arguments as much as shifts in the norms have created a situation in which the choice is increasingly seen as "which forms of accountability" rather than a stark choice between peace and justice. It is socio-political transformation, not just an end to violence, that is needed to build sustainable peace. This book addresses these dilemmas through a thorough overview of the current state of legal obligations; discussion of the need for a holistic approach including development; analysis of the implications of the coming into force of the ICC; and a series of "hard" case studies on internationalized and local approaches devised to navigate the tensions between peace and justice.

Transitional Justice

Transitional Justice PDF Author: Hakeem O. Yusuf
Publisher: Routledge
ISBN: 1317642546
Category : Law
Languages : en
Pages : 235

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Book Description
Transitional justice is the way societies that have experienced civil conflict or authoritarian rule and widespread violations of human rights deal with the experience. With its roots in law, transitional justice as an area of study crosses various fields in the social sciences. This book is written with this multi- and inter-disciplinary dynamic of the field in mind. The book presents the broad scope of transitional justice studies through a focus on the theory, mechanisms and debates in the area, covering such topics as: The origin, context and development of transitional justice Victims, victimology and transitional justice Prosecutions for abuses and gross violations of human rights Truth commissions Transitional justice and local justice Gender, political economy and transitional justice Apology, reconciliation and the politics of memory Offering a discussion of the impact and outcomes of transitional justice, this approach provides valuable insight for those who seek both an introduction alongside relatively advanced engagement with the subject. Transitional Justice: Theories, Mechanisms and Debates is an important text for postgraduate and advanced undergraduate students who take courses in transitional justice, human rights and criminal law, as well as a systematic reference text for researchers.

After Violence

After Violence PDF Author: Elin Skaar
Publisher: Routledge
ISBN: 1317696913
Category : Law
Languages : en
Pages : 232

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Book Description
After Violence: Transitional Justice, Peace, and Democracy examines the effects of transitional justice on the development of peace and democracy. Anticipated contributions of transitional justice mechanisms are commonly stated in universal terms, with little regard for historically specific contexts. Yet a truth commission, for example, will not have the same function in a society torn by long-term civil war or genocide as in a society emerging from authoritarian repression. Addressing trials, reparations, truth commissions, and amnesties, the book systematically addresses the experiences of four very different contemporary transitional justice cases: post-authoritarian Uruguay and Peru and post-conflict Rwanda and Angola. Its analysis demonstrates that context is a crucial determinant of the impact of transitional justice processes, and identifies specific contextual obstacles and limitations to these processes. The book will be of much interest to scholars in the fields of transitional justice and peacebuilding, as well as students generally concerned with human rights and democratisation.

Transitional Justice Theories

Transitional Justice Theories PDF Author: Susanne Buckley-Zistel
Publisher: Routledge
ISBN: 113505505X
Category : Law
Languages : en
Pages : 264

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Book Description
Transitional Justice Theories is the first volume to approach the politically sensitive subject of post-conflict or post-authoritarian justice from a theoretical perspective. It combines contributions from distinguished scholars and practitioners as well as from emerging academics from different disciplines and provides an overview of conceptual approaches to the field. The volume seeks to refine our understanding of transitional justice by exploring often unarticulated assumptions that guide discourse and practice. To this end, it offers a wide selection of approaches from various theoretical traditions ranging from normative theory to critical theory. In their individual chapters, the authors explore the concept of transitional justice itself and its foundations, such as reconciliation, memory, and truth, as well as intersections, such as reparations, peace building, and norm compliance. This book will be of particular interest for scholars and students of law, peace and conflict studies, and human rights studies. Even though highly theoretical, the chapters provide an easy read for a wide audience including readers not familiar with theoretical investigations.

Transitional Justice and Peacebuilding on the Ground

Transitional Justice and Peacebuilding on the Ground PDF Author: Chandra Lekha Sriram
Publisher: Routledge
ISBN: 1136191143
Category : Political Science
Languages : en
Pages : 315

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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.