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Author: Ray Nickson
Publisher: Springer
ISBN: 3319777823
Category : Social Science
Languages : en
Pages : 267
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Book Description
This book examines expectations for justice in transitional societies and how stakeholder expectations are ignored, marginalized and co-opted by institutions in the wake of conflict. Focusing on institutions that have adopted international criminal trials, the authors encourage us to ask not only whether expectations are appropriate to institutions, but whether institutions are appropriate expectations. Drawing upon a wide variety of sources, this volume demonstrates that a profound ‘expectation gap’ – the gap between anticipated and likely outcomes of justice – exists in transitional justice systems and processes. This ‘expectation gap’ requires that the justice goals of local communities be managed accordingly. In proposing a perspective of enhanced engagement, the authors argue for greater compromise in the expectations, goals and design of transitional justice. This book will constitute an important and valuable resource for students of scholars of transitional justice as well as practitioners, particularly with regards to the design of transitional justice responses.
Author: Ray Nickson
Publisher: Springer
ISBN: 3319777823
Category : Social Science
Languages : en
Pages : 267
Get Book Here
Book Description
This book examines expectations for justice in transitional societies and how stakeholder expectations are ignored, marginalized and co-opted by institutions in the wake of conflict. Focusing on institutions that have adopted international criminal trials, the authors encourage us to ask not only whether expectations are appropriate to institutions, but whether institutions are appropriate expectations. Drawing upon a wide variety of sources, this volume demonstrates that a profound ‘expectation gap’ – the gap between anticipated and likely outcomes of justice – exists in transitional justice systems and processes. This ‘expectation gap’ requires that the justice goals of local communities be managed accordingly. In proposing a perspective of enhanced engagement, the authors argue for greater compromise in the expectations, goals and design of transitional justice. This book will constitute an important and valuable resource for students of scholars of transitional justice as well as practitioners, particularly with regards to the design of transitional justice responses.
Author: Tricia D. Olsen
Publisher: United States Institute of Peace Press
ISBN: 9781601270535
Category : Philosophy
Languages : en
Pages : 0
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Book Description
In the first project of its kind to compare multiple mechanisms and combinations of mechanisms across regions, countries, and time, Transitional Justice in Balance: Comparing Processes, Weighing Efficacy systematically analyzes the claims made in the literature using a vast array of data, which the authors have assembled in the Transitional Justice Data Base.
Author: Rosalind Shaw
Publisher: Stanford University Press
ISBN: 0804774633
Category : Political Science
Languages : en
Pages : 364
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Book Description
Through war crimes prosecutions, truth commissions, purges of perpetrators, reparations, and memorials, transitional justice practices work under the assumptions that truth telling leads to reconciliation, prosecutions bring closure, and justice prevents the recurrence of violence. But when local responses to transitional justice destabilize these assumptions, the result can be a troubling disconnection between international norms and survivors' priorities. Localizing Transitional Justice traces how ordinary people respond to—and sometimes transform—transitional justice mechanisms, laying a foundation for more locally responsive approaches to social reconstruction after mass violence and egregious human rights violations. Recasting understandings of culture and locality prevalent in international justice, this vital book explores the complex, unpredictable, and unequal encounter among international legal norms, transitional justice mechanisms, national agendas, and local priorities and practices.
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.
Author: Chandra Lekha Sriram
Publisher: James Currey Limited
ISBN: 9781847010216
Category : Literary Collections
Languages : en
Pages : 0
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Book Description
This book offers fresh insights on the `justice versus peace' dilemma, examining the challenges and prospects for promoting both peace and accountability, specifically in African countries affected by conflict or political violence. Peace versus Justice? draws on the expertise of many insider analysts, individuals who are not only authorities on transitional accountability processes, but who have participated in them, whether as legal practitioners or commissioners. This volume examines the wide array of experiences with transitional justice both within and outside states on the continent, spanning a range of countries including South Africa, Nigeria, Ghana, Liberia, Sierra Leone, Rwanda, Mozambique, Sudan, Uganda, Democratic Republic of Congo, and the Central African Republic. While the primary focus is on processes in Africa, many of the contributors also draw on lessons from earlier processes elsewhere in the world, particularly Latin America. The chapters in this volume consider a wide range of approaches to accountability and peacebuilding. These include not only domestic courts and tribunals, hybrid tribunals, or the International Criminal Court, but also truth commissions and informal or non-state justice and conflict resolution processes. Taken together, they demonstrate the wealth of experiences and experimention in transitional justice processes on the continent.
Author: Ray William Nickson
Publisher:
ISBN:
Category : Expectation (Psychology)
Languages : en
Pages : 894
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Book Description
This thesis examines the management of expectations for transitional justice. The transitional justice trials for the former Yugoslavia (Tribunal) and Cambodia (Chambers) reveal an expectation dilemma. In interviews with transitional justice practitioners and advocates, expectations were declared to be "unrealistic" and subsequently had to be "managed". Expectations were considered diverse, ranging from the desire that one's suffering would be declared genocide, to a desire to contribute the story of one's experience of conflict to an official institution. Mothers expected to find out the location of a son's remains and whole communities wanted to know why "Khmer had killed Khmer" in Cambodia. Further, expectations about transitional justice were not held exclusively by locals, but also by the international community. It became clear from interviews that these expectations (and many others) reflected needs that trials at the Tribunal and Chambers were unlikely to satisfy. Hence, the dominant discourse of "management" favoured a unidirectional, top-down approach: elites (international staff at courts) managing the expectations of locals (victims). Qualitative data from interviews was supported with a quantitative and qualitative content analysis of news media coverage of expectations of the Tribunal and Chambers. This highlighted ways in which transitional justice was seen, positively and negatively, to respond to expectations. Importantly, it exposed patterns and themes in coverage illustrating opportunities for improved expectation management, and for transitional justice that is more expectation responsive. In response to the expectation dilemma a three-step process is proposed that seeks to increase expectation satisfaction: 1) developing more robust expectation management strategies by consulting local stakeholders to identify expectations; 2) developing shared aims among all stakeholders that inform the design of transitional justice; and 3) conceiving transitional justice in a way that is broader, deeper, and longer. As steps towards better expectation realisation, these measures allow for multi-directional expectation reality checks. More robust management strategies require us to discover and examine expectations at the outset of transitional justice endeavours. Building upon a developed understanding of expectations it will be possible not only to improve management but also to collaboratively design responses to realise synthesised expectations of all stakeholders. Examining two "single mechanism" transitional efforts, this thesis highlights the difficulties of satisfying expectations when employing one solution-as well as the expectation burden that single mechanisms endure. Instead, transitional justice must draw broadly, considering multiple conceptions of justice and various mechanisms. At the same time, stakeholders should be participants in the dialogue and design of transitional justice activities. Transitional justice must look to achieve expectations in the long haul, providing extended opportunities for participation. These steps are mutually reinforcing, yet suitable for incremental adoption. The thesis encourages us to ask not only whether expectations are appropriate to institutions (and requiring management) but also whether institutions are appropriate to expectations. By proposing greater engagement, this thesis argues we should not only consider institutions and mechanisms of transitional justice as working for transitional societies, but with transitional societies.
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: 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.
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: Hugo van der Merwe
Publisher: University of Pennsylvania Press
ISBN: 9780812240597
Category : History
Languages : en
Pages : 366
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Book Description
"Of the truth commissions to date, the South African Truth and Reconciliation Commission (TRC) has most effectively captured public attention throughout the world and provided the model for succeeding bodies. Although other truth commissions had preceded its establishment, the TRC had a far more expansive mandate: to go beyond truth-finding to promote national unity and reconciliation, to facilitate the granting of amnesty to those who made full factual disclosure, to restore the human and civil dignity of victims by providing them an opportunity to tell their own stories, and to make recommendations to the president on measures to prevent future human rights violations.
