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Author: Filipa Raimundo
Publisher: Rowman & Littlefield
ISBN: 1666900656
Category : Political Science
Languages : en
Pages : 197
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Book Description
Transitional Justice after Clean Breaks: The Case of Portugal offers a nuanced exploration of how national political actors shape transitional justice in the aftermath of authoritarian regimes. The book tackles two primary objectives: understanding the mechanisms linking the opening of a window of opportunity with transitional justice choices and unraveling the lasting effects of early decisions on justice after democracy consolidates. Filipa Raimundo and Joana Rebelo Morais present a comprehensive theoretical framework, intertwining institutional and attitudinal factors to explain the processes of coming to terms with the past that emerge out of clean break transitions. The lens provided by Portugal’s unique case study illustrates the effect of preemption and strategic calculation as well as the enduring impact of early choices in shaping the trajectory of transitional justice. Focusing on democracies emerging from collapsed regimes, this book contends that the delegitimization of the autocratic elite and its exit from power are as relevant as the anti-dictator bias and the authoritarian stigmas in shaping transitional justice debates and decision-making.
Author: Filipa Raimundo
Publisher: Rowman & Littlefield
ISBN: 1666900656
Category : Political Science
Languages : en
Pages : 197
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Book Description
Transitional Justice after Clean Breaks: The Case of Portugal offers a nuanced exploration of how national political actors shape transitional justice in the aftermath of authoritarian regimes. The book tackles two primary objectives: understanding the mechanisms linking the opening of a window of opportunity with transitional justice choices and unraveling the lasting effects of early decisions on justice after democracy consolidates. Filipa Raimundo and Joana Rebelo Morais present a comprehensive theoretical framework, intertwining institutional and attitudinal factors to explain the processes of coming to terms with the past that emerge out of clean break transitions. The lens provided by Portugal’s unique case study illustrates the effect of preemption and strategic calculation as well as the enduring impact of early choices in shaping the trajectory of transitional justice. Focusing on democracies emerging from collapsed regimes, this book contends that the delegitimization of the autocratic elite and its exit from power are as relevant as the anti-dictator bias and the authoritarian stigmas in shaping transitional justice debates and decision-making.
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: S. Buckley-Zistel
Publisher: Springer
ISBN: 0230348610
Category : Political Science
Languages : en
Pages : 299
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Book Description
Based on original empirical research, this book explores retributive and gender justice, the potentials and limits of agency, and the correlation of transitional justice and social change through case studies of current dynamics in post-violence countries such Rwanda, South Africa, Cambodia, East Timor, Columbia, Chile and Germany.
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Languages : en
Pages :
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Book Description
Author: Prosper Maguchu
Publisher: Springer
ISBN: 9462653232
Category : Law
Languages : en
Pages : 175
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Book Description
This book addresses the issue of corruption as a socio-economic rights concern at a national level. Zimbabwe’s widespread corruption inhibited its development in all aspects. It weakened institutions, especially those called upon to arbitrate political and economic contests, leading to potential human rights violations. However, Zimbabwe saw a change of government in November 2017. Due to this, there seemed to be an opening to work towards reform in relation to the anti-corruption architecture. Specifically, the new era provides an opportunity to review how accountability mechanisms (including but not limited to amnesties, truth commissions, institutional reforms and prosecutions) can address corruption as a socio-economic rights violation. As the new government still tries to address competing priorities, many moving parts and various matrixes, this volume in the International Criminal Justice Series provides a timely frame for revisiting the debate and developing the strategic thinking regarding transitional justice options in Zimbabwe. It will be of great interest to practitioners, policy makers, scholars and students in the fields of anti-corruption, socio-economic and human rights, and transitional justice. Prosper Maguchu is Visiting Assistant Professor at the Centre for the Politics of Transnational Law of the Vrije Universiteit Amsterdam, The Netherlands.
Author: Elin Skaar
Publisher: Routledge
ISBN: 1317696905
Category : Law
Languages : en
Pages : 250
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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.
Author: James Hughes
Publisher: Routledge
ISBN: 0429778708
Category : Political Science
Languages : en
Pages : 137
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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: 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: Khanyisela Moyo
Publisher: Routledge
ISBN: 135104818X
Category : Law
Languages : en
Pages : 283
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Book Description
Transitional justice processes are now considered to be crucial steps in facilitating the move from conflict or repression to a secure democratic future. This book contributes to a deeper understanding of transitional justice by examining the complexities of transition in postcolonial societies. It focuses particularly on Zimbabwe but draws on relevant comparative material from other postcolonial polities. Examples include but are not limited to African countries such as South Africa, Rwanda and Mozambique. European societies such as Northern Ireland, as well as other nations such as Guatemala, are also considered. While amplifying the breadth of the subject of transitional justice, the book addresses the claim that transitional justice mechanisms in postcolonial countries are necessary if the rule of law and the credibility of the country’s legal institutions are to be restored. Drawing on postcolonial legal theory, and especially on analyses of the relationship between international law and imperialism, the book challenges the assumption that a domestic rule of law ‘deficit’ may be remedied with recourse to international law. Taking up the paradigmatic perception that international law is neutral and has fixed rules, it demonstrates how complex issues which arise during postcolonial transitions require a more critical adoption of transitional justice mechanisms.
Author: Astrid Bothmann
Publisher: Springer
ISBN: 3658105038
Category : Political Science
Languages : en
Pages : 328
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Book Description
Astrid Bothmann examines historical, political and socioeconomic factors that explain the absence of transitional justice in Nicaragua from 1990 to 2012. The author provides the first systematic analysis of the reasons for the lack of transitional justice in Nicaragua after the end of the Sandinista regime and the civil war (1990). Contrary to other Latin American states of the third wave of democratization, which put the perpetrators of past crimes on trial, established truth commissions, purged political and military officials, and made reparations to the victims, Nicaragua’s first post-war government opted for a policy of national reconciliation that was based on amnesty and oblivion. Subsequent governments followed this course so that the past has not been dealt with until today.
