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Author: William H. Wiley
Publisher: Torkel Opsahl Academic EPublisher
ISBN: 8283480049
Category : Law
Languages : en
Pages : 4
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Book Description
Author: William H. Wiley
Publisher: Torkel Opsahl Academic EPublisher
ISBN: 8283480049
Category : Law
Languages : en
Pages : 4
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Book Description
Author: Deborah Isser
Publisher: US Institute of Peace Press
ISBN: 1601270666
Category : History
Languages : en
Pages : 402
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Book Description
The major peacekeeping and stability operations of the last ten years have mostly taken place in countries that have pervasive customary justice systems, which pose significant challenges and opportunities for efforts to reestablish the rule of law. These systems are the primary, if not sole, means of dispute resolution for the majority of the population, but post-conflict practitioners and policymakers often focus primarily on constructing formal justice institutions in the Western image, as opposed to engaging existing traditional mechanisms. This book offers insight into how the rule of law community might make the leap beyond rhetorical recognition of customary justice toward a practical approach that incorporates the realities of its role in justice strategies."Customary Justice and the Rule of Law in War-Torn Societies" presents seven in-depth case studies that take a broad interdisciplinary approach to the study of the justice system. Moving beyond the narrow lens of legal analysis, the cases Mozambique, Guatemala, East Timor, Afghanistan, Liberia, Iraq, Sudan examine the larger historical, political, and social factors that shape the character and role of customary justice systems and their place in the overall justice sector. Written by resident experts, the case studies provide advice to rule of law practitioners on how to engage with customary law and suggest concrete ways policymakers can bridge the divide between formal and customary systems in both the short and long terms. Instead of focusing exclusively on ideal legal forms of regulation and integration, this study suggests a holistic and flexible palette of reform options that offers realistic improvements in light of social realities and capacity limitations. The volume highlights how customary justice systems contribute to, or detract from, stability in the immediate post-conflict period and offers an analytical framework for assessing customary justice systems that can be applied in any country. "
Author: Robert Perito
Publisher:
ISBN:
Category : Internal security
Languages : en
Pages : 16
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Book Description
Author: Melinda Rankin
Publisher: Cambridge University Press
ISBN: 1108580769
Category : Law
Languages : en
Pages : 267
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Book Description
In the past decades, great strides have been made to ensure that crimes against humanity and state-sponsored organized violence are not committed with impunity. Alongside states, large international organizations such as the United Nations and forums such as the International Criminal Court, 'de facto international prosecutors' have emerged to address these crimes. Acting as investigators and evidence-gathers to identify individuals and officials engaged in serious human rights violations, these 'private' non-state actors, and state legal 'officials' in a foreign court, pursue criminal accountability for those most responsible for core international crimes. They do so when local options to investigate fail and an international criminal tribunal remains unavailable. This study outlines three case studies of witnesses and victims who pursue those most responsible, including former heads of state. It examines their practices and strategies, and shows how witnesses and victims of core crimes emerge as key leaders in the accountability process.
Author: Amal Alamuddin
Publisher: Oxford University Press, USA
ISBN: 0199687455
Category : Law
Languages : en
Pages : 339
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Book Description
The Special Tribunal of the Lebanon is the first international Tribunal established to try the perpetrators of a terrorist act: the murder of the Lebanese Prime Minister in 2005. This book, written by practitioners with experience of the court and experts in international criminal law, provides a detailed assessment of its unique law and practice.
Author: M. Cherif Bassiouni
Publisher: Brill Nijhoff
ISBN: 9781571051530
Category : Criminal justice, Administration of
Languages : en
Pages : 0
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Book Description
Thirty scholars and experts discuss and provide wide-ranging views on a variety of accountability measures: the establishment of ad hoc criminal tribunals for the Former Yugoslavia and Rwanda; truth commissions in South Africa and El Salvador; and lustration laws for the former Czechoslovakia and Germany after its reunification. Also discussed are amnesty for previous crimes and accountability, post-conflict justice involving issues pertaining to the restoration of law and order, and the rebuilding of failed national justice systems. In addition, the book also contains an important set of guidelines designed to achieve accountability and eliminate impunity. The guidelines with commentaries have been prepared by a distinguished group of experts, many of whom have also contributed articles to this volume. Published under the Transnational Publishers imprint.
Author: Jane Stromseth
Publisher: Cambridge University Press
ISBN: 1139458701
Category : Law
Languages : en
Pages : 393
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Book Description
This book looks at why it's so difficult to create 'the rule of law' in post-conflict societies such as Iraq and Afghanistan, and offers critical insights into how policy-makers and field-workers can improve future rule of law efforts. A must-read for policy-makers, field-workers, journalists and students trying to make sense of the international community's problems in Iraq and elsewhere, this book shows how a narrow focus on building institutions such as courts and legislatures misses the more complex cultural issues that affect societal commitment to the values associated with the rule of law. The authors place the rule of law in context, showing the interconnectedness between the rule of law and other post-conflict priorities, such as reestablishing security. The authors outline a pragmatic, synergistic approach to the rule of law which promises to reinvigorate debates about transitions to democracy and post-conflict reconstruction.
Author: Ernesto Verdeja
Publisher: Temple University Press
ISBN: 1439900558
Category : Philosophy
Languages : en
Pages : 241
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Book Description
Political violence does not end with the last death. A common feature of mass murder has been the attempt at destroying any memory of victims, with the aim of eliminating them from history. Perpetrators seek not only to eliminate a perceived threat, but also to eradicate any possibility of alternate, competing social and national histories. In his timely and important book, Unchopping a Tree, Ernesto Verdeja develops a critical justification for why transitional justice works. He asks, “What is the balance between punishment and forgiveness? And, “What are the stakes in reconciling?” Employing a normative theory of reconciliation that differs from prevailing approaches, Verdeja outlines a concept that emphasizes the importance of shared notions of moral respect and tolerance among adversaries in transitional societies. Drawing heavily from cases such as reconciliation efforts in Latin America and Africa—and interviews with people involved in such efforts—Verdeja debates how best to envision reconciliation while remaining realistic about the very significant practical obstacles such efforts face Unchopping a Tree addresses the core concept of respect across four different social levels—political, institutional, civil society, and interpersonal—to explain the promise and challenges to securing reconciliation and broader social regeneration.
Author: David Bloomfield
Publisher:
ISBN:
Category : Political Science
Languages : en
Pages : 188
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Book Description
How does a newly democratized nation constructively address the past to move from a divided history to a shared future? How do people rebuild coexistence after violence? The International IDEA Handbook on Reconciliation after Violent Conflict presents a range of tools that can be, and have been, employed in the design and implementation of reconciliation processes. Most of them draw on the experience of people grappling with the problems of past violence and injustice. There is no "right answer" to the challenge of reconciliation, and so the Handbook prescribes no single approach. Instead, it presents the options and methods, with their strengths and weaknesses evaluated, so that practitioners and policy-makers can adopt or adapt them, as best suits each specific context. Also available in a French language version.
Author: Seth Lazar
Publisher: Oxford University Press
ISBN: 0199944393
Category : Philosophy
Languages : en
Pages : 496
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Book Description
Recent years have seen a resurgence of interest, among both philosophers, legal scholars, and military experts, on the ethics of war. Due in part due to post 9/11 events, this resurgence is also due to a growing theoretical sophistication among scholars in this area. Recently there has been very influential work published on the justificaton of killing in self-defense and war, and the topic of the ethics of war is now more important than ever as a discrete field. The 28 commissioned chapters in this Handbook will present a comprehensive overview of the field as well as make significant and novel contributions, and collectively they will set the terms of the debate for the next decade. Lazar and Frowe will invite the leading scholars in the field to write on topics that are new to them, making the volume a compilation of fresh ideas rather than a rehash of earlier work. The volume will be dicided into five sections: Method, History, Resort, Conduct, and Aftermath. The contributors will be a mix of junior and senior figures, and will include well known scholars like Michael Walzer, Jeff McMahan, and David Rodin.
