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Author: Briony Jones
Publisher: Routledge
ISBN: 1351855832
Category : Law
Languages : en
Pages : 289
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Book Description
Despite a more reflective concern over the past 20 years with marginalised voices, justice from below, power relations and the legitimacy of mechanisms and processes, scholarship on transitional justice has remained relatively silent on the question of ‘resistance’. In response, this book asks what can be learnt by engaging with resistance to transitional justice not just as a problem of process, but as a necessary element of transitional justice. Drawing on literatures about resistance from geography and anthropology, it is the social act of labelling resistance, along with its subjective nature, that is addressed here as part of the political, economic, social and cultural contexts in which transitional justice processes unfold. Working through three cases – Côte d’Ivoire, Burundi and Cambodia – each chapter of the book addresses a different form or meaning of resistance, from the vantage point of multiple actors. As such, each chapter adds a different element to an overall argument that disrupts the norm/deviancy dichotomy that has so far characterised the limited work on resistance and transitional justice. Together, the chapters of the book develop cross-cutting themes that elaborate an overall argument for considering resistance to transitional justice as a subjective element of a political process, rather than as a problem of implementation.
Author: Briony Jones
Publisher: Routledge
ISBN: 1351855832
Category : Law
Languages : en
Pages : 289
Get Book Here
Book Description
Despite a more reflective concern over the past 20 years with marginalised voices, justice from below, power relations and the legitimacy of mechanisms and processes, scholarship on transitional justice has remained relatively silent on the question of ‘resistance’. In response, this book asks what can be learnt by engaging with resistance to transitional justice not just as a problem of process, but as a necessary element of transitional justice. Drawing on literatures about resistance from geography and anthropology, it is the social act of labelling resistance, along with its subjective nature, that is addressed here as part of the political, economic, social and cultural contexts in which transitional justice processes unfold. Working through three cases – Côte d’Ivoire, Burundi and Cambodia – each chapter of the book addresses a different form or meaning of resistance, from the vantage point of multiple actors. As such, each chapter adds a different element to an overall argument that disrupts the norm/deviancy dichotomy that has so far characterised the limited work on resistance and transitional justice. Together, the chapters of the book develop cross-cutting themes that elaborate an overall argument for considering resistance to transitional justice as a subjective element of a political process, rather than as a problem of implementation.
Author: Tim Allen
Publisher: Zed Books Ltd.
ISBN: 1848137931
Category : Law
Languages : en
Pages : 212
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Book Description
The International Criminal Court (ICC) has run into serious problems with its first big case -- the situation in northern Uganda. There is no doubt that appalling crimes have occurred here. Over a million people have been forced to live in overcrowded displacement camps under the control of the Ugandan army. Joseph Kony's Lord's Resistance Army has abducted thousands, many of them children and has systematically tortured, raped, maimed and killed. Nevertheless, the ICC has confronted outright hostility from a wide range of groups, including traditional leaders, representatives of the Christian Churches and non-governmental organizations. Even the Ugandan government, which invited the court to become involved, has been expressing serious reservations. Tim Allen assesses the controversy. While recognizing the difficulties involved, he shows that much of the antipathy towards the ICC's intervention is misplaced. He also draws out important wider implications of what has happened. Criminal justice sets limits to compromise and undermines established procedures of negotiation with perpetrators of violence. Events in Uganda have far reaching implications for other war zones - and not only in Africa. Amnesties and peace talks may never be quite the same again.
Author: Catherine Turner
Publisher: Routledge
ISBN: 9781138481879
Category : Transitional justice
Languages : en
Pages : 194
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Book Description
The field of transitional justice has expanded rapidly since the term first emerged in the late 1990s. Its intellectual development has, however, tended to follow practice rather than drive it. Addressing this gap, Violence, Law and the Impossibility of Transitional Justice pursues a comprehensive theoretical inquiry into the foundation and evolution of transitional justice. Presenting a detailed deconstruction of the role of law in transition, the book explores the reasons for resistance to transitional justice. It explores the ways in which law itself is complicit in perpetuating conflict, and asks whether a narrow vision of transitional justice ¿ underpinned by a strictly normative or doctrinal concept of law ¿ can undermine the promise of justice. Drawing on case material, as well as on perspectives from a range of disciplines, including law, political science, anthropology and philosophy, this book will be of considerable interest to those concerned with the theory and practice of transitional justice.
Author: Yvette Selim
Publisher: Routledge
ISBN: 1351692194
Category : Social Science
Languages : en
Pages : 212
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Book Description
The conflict in Nepal (1996 – 2006) resulted in an estimated 15,000 deaths, 1,300 disappearances, along with other serious human rights and humanitarian law violations. Demands for peace, democracy, accountability and development, have abounded in the post-conflict context. Although the conflict catalysed major changes in the social and political landscape in Nepal, the transitional justice (TJ) process has remained deeply contentious and fragmented. This book provides an in-depth analysis of transitional justice process in Nepal. Drawing on interviews with a diverse range of stakeholders, including victims, ex-combatants, community members, human rights advocates, journalists and representatives from diplomatic missions, international organisations and the donor community, it reveals the differing viewpoints, knowledge, attitudes and preferences about TJ and other post-conflict issues in Nepal. The author develops an actor typology and an action spectrum, which can be used in Nepal and other post-conflict contexts. The actor typology identifies four main groups of TJ actors—experts, brokers, implementers and victims—and highlights who is making claims and on behalf of whom. The action spectrum, based on contentious politics literature and resistance literature, demonstrates the strategies actors use to shape the TJ process. This book argues that the potential of TJ lies in these dynamics of contention. It is by letting these dynamics play out that different conceptualisations of TJ can arise. While doing so may lead to practical challenges and produce situations that are normatively undesirable for some actors, particularly when certain political parties and national actors seem to ‘hijack’ TJ, remaining steadfast to the dominant TJ paradigm is also undesirable. As the first book to provide a single case study on TJ in Nepal, it makes theoretical and empirical contributions to: TJ research in Nepal and the Asia-Pacific more broadly, the politics versus justice binary and the concept of victimhood, among others. It will be of interest to a wide range of scholars in the study of transitional justice, peace and conflict studies, human rights, sociology, political science, criminology, law, anthropology and South Asian Studies, as well as policy-makers and NGOs.
Author: Janine Natalya Clark
Publisher: Cambridge University Press
ISBN: 110884362X
Category : Law
Languages : en
Pages : 309
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Book Description
Explores innovative ways to build peace after large-scale violence by combining resilience, adaptive peacebuilding and transitional justice.
Author: Pauline Stoltz
Publisher: Palgrave Macmillan
ISBN: 9783030410940
Category : Political Science
Languages : en
Pages : 198
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Book Description
This book investigates the importance of gender and resistance to silences and denials concerning human rights abuses and historical injustices in narratives on transnational memories of three violent conflicts in Indonesia. Transnational memories of violent conflicts travel abroad with politicians, postcolonial migrants and refugees. Starting with the Japanese occupation of Indonesia (1942–1945), the war of independence (1945–1949) and the genocide of 1965, the volume analyses narratives in Dutch and Indonesian novels in relation to social and political narratives (1942–2015). By focusing on gender and resistance from both Indonesian and Dutch, transnational and global perspectives, the author provides new perspectives on memories of the conflicts that are relevant to research on transitional justice and memory politics.
Author: Roger D. Petersen
Publisher: Cambridge University Press
ISBN: 1139428160
Category : Political Science
Languages : en
Pages : 339
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Book Description
Resistance and Rebellion: Lessons from Eastern Europe explains how ordinary people become involved in resistance and rebellion against powerful regimes. The book shows how a sequence of casual forces - social norms, focal points, rational calculation - operate to drive individuals into roles of passive resistance and, at a second stage, into participation in community-based rebellion organization. By linking the operation of these mechanisms to observable social structures, the work generates predictions about which types of community and society are most likely to form and sustain resistance and rebellion. The empirical material centres around Lithuanian anti-Soviet resistance in both the 1940s and the 1987–91 period. Using the Lithuanian experience as a baseline, comparisons with several other Eastern European countries demonstrate the breadth and depth of the theory. The book contributes to both the general literature on political violence and protest, as well as the theoretical literature on collective action.
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: 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: Joseph Robinson
Publisher: Routledge
ISBN: 1351966766
Category : Law
Languages : en
Pages : 364
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Book Description
Taking Northern Ireland as its primary case study, this book applies the burgeoning literature in memory studies to the primary question of transitional justice: how shall societies and individuals reckon with a traumatic past? Joseph Robinson argues that without understanding how memory shapes, moulds, and frames narratives of the past in the minds of communities and individuals, theorists and practitioners may not be able to fully appreciate the complex, emotive realities of transitional political landscapes. Drawing on interviews with what the author terms "memory curators," coupled with a robust analysis of secondary literature from a range of transitional cases, the book analyses how the bodies of the dead, the injured, and the traumatised are written into - or written out of - transitional justice. The author argues that scholars cannot appreciate the dynamism of transitional memory-space unless they first engage with the often silenced or marginalised voices whose memories remain trapped behind the antagonistic politics of fear and division. Ultimately challenging the imperative of national reconciliation, the author argues for a politics of public memory that incubates at multiple nodes of social production and can facilitate a vibrant, democratic debate over the ways in which a traumatic past can or should be remembered.
