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Author: Dustin N. Sharp
Publisher: Cambridge University Press
ISBN: 1108425585
Category : Law
Languages : en
Pages : 209
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Book Description
Challenges conventional views of what it means to 'do justice' in the aftermath of mass atrocities, from a legal perspective.
Author: Dustin N. Sharp
Publisher: Cambridge University Press
ISBN: 1108425585
Category : Law
Languages : en
Pages : 209
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Book Description
Challenges conventional views of what it means to 'do justice' in the aftermath of mass atrocities, from a legal perspective.
Author: Jon Elster
Publisher: Cambridge University Press
ISBN: 9780521548540
Category : History
Languages : en
Pages : 316
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Book Description
An analysis of transitional justice - retribution and reparation after a change of political regime - from Athens in the fifth century BC to the present. Part I, 'The Universe of Transitional Justice', describes more than thirty transitions, some of them in considerable detail, others more succinctly. Part II, 'The Analytics of Transitional Justice', proposes a framework for explaining the variations among the cases - why after some transitions wrongdoers from the previous regime are punished severely and in other cases mildly or not at all, and victims sometimes compensated generously and sometimes poorly or not at all. After surveying a broad range of justifications and excuses for wrongdoings and criteria for selecting and indemnifying victims, the 2004 book concludes with a discussion of three general explanatory factors: economic and political constraints, the retributive emotions, and the play of party politics.
Author: Stacey Philbrick Yadav
Publisher: Hurst Publishers
ISBN: 1787389820
Category : History
Languages : en
Pages : 345
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Book Description
Responding to a diplomatic stalemate and a catastrophic humanitarian crisis, Yemen’s civil actors work every day to build peace in fragmented local communities across the country. This book shows how their efforts relate to longstanding justice demands in Yemeni society, and details three decades of alternating elite indifference toward, or strategic engagement with, questions of justice. Exploring the transformative impact of the 2011 uprising and Yemenis’ substantive wrestling with questions of justice in the years that followed, leading Yemen scholar Stacey Philbrick Yadav shows how the transitional process was ultimately overtaken by war, and explains why features of the transitional framework nevertheless remain a central reference point for civil actors engaged in peacebuilding today. In the absence of a negotiated settlement, everyday peacebuilding has become a new site for justice work, as an arena in which civil actors enjoy agency and social recognition. Drawing on seventeen years of field research and interviews with civil actors, Yadav positions Yemen’s non-combatants not–or not only–as victims of conflict, but as political agents imagining and enacting the justice they wish to see.
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: Nir Eisikovits
Publisher: Republic of Letters
ISBN:
Category : Law
Languages : en
Pages : 172
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Book Description
Since the demise of the Soviet Union, and, to a greater degree, after the collapse of apartheid in South Africa, interest in the transition from mass atrocity has swelled, but produced few systematic philosophical discussions of the notion of reconciliation until this work.
Author: Mark Kersten
Publisher: Oxford University Press
ISBN: 0191082945
Category : Law
Languages : en
Pages : 273
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Book Description
What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocities accountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes. While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions in Libya, northern Uganda - and beyond.
Author: Sara Jones
Publisher: Springer Nature
ISBN: 3031137949
Category : History
Languages : en
Pages : 637
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Book Description
This Palgrave Handbook examines the ways in which researchers and practitioners theorise, analyse, produce and make use of testimony. It explores the full range of testimony in the public sphere, including perpetrator testimony, testimony presented through social media and virtual reality. A growing body of research shows how complex and multi-layered testimony can be, how much this complexity adds to our understanding of our past, and how creators and users of testimony have their own complex purposes. These advances indicate that many of our existing assumptions about testimony and models for working with it need to be revisited. The purpose of this Palgrave Handbook is to do just that by bringing together a wide range of disciplinary, theoretical, methodological, and practice-based perspectives.
Author: James Hughes
Publisher: Routledge
ISBN: 0429778708
Category : Political Science
Languages : en
Pages : 144
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Book Description
The concepts of reconciliation and transitional justice are inextricably linked in a new body of normative meta-theory underpinned by claims related to their effects in managing the transformation of deeply divided societies to a more stable and more democratic basis. This edited volume is dedicated to a critical re-examination of the key premises on which the debates in this field pivot. The contributions problematise core concepts, such as victimhood, accountability, justice and reconciliation itself; and provide a comparative perspective on the ethnic, ideological, racial and structural divisions to understand their rootedness in local contexts and to evaluate how they shape and constrain moving beyond conflict. With its systematic empirical analysis of a geographic and historic range of conflicts involving ethnic and racial groups, the volume furthers our grasp of contradictions often involved in transitional justice scholarship and practice and how they may undermine the very goals of peace, stability and reconciliation that they seek to promote. This book was originally published as a special issue of Ethnic and Racial Studies.
Author: Neil J. Kritz
Publisher: US Institute of Peace Press
ISBN: 9781878379436
Category : Law
Languages : en
Pages : 644
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Book Description
Foreword - Nelson Mandela
Author: Aiden Warren
Publisher: Edinburgh University Press
ISBN: 1474423825
Category : Law
Languages : en
Pages : 332
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Book Description
Since the end of the Cold War, humanitarian interventions have continued to evolve and respond to a wide range of political crises. These insightful essays focus on the challenges associated with interventions when facing conflict and human rights violations, unmitigated systematic violence, state re-building, human mobility and dislocation. Each chapter is linked to the rest through three defining themes that permeate the book: the evolution of humanitarian interventions in a global era; the limits of sovereignty and the ethics of interventions; and the politics of post-intervention: (re)-building and humanitarian engagement. The authors incorporate a variety of case studies including Kosovo, Timor-Leste, Syria, Libya and Iraq, and examine the complexity of interventions across their different dimensions, including relevant doctrines such as R2P, 'Use of Force' and Human Security.
