Delayed Transitional Justice
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Delayed Transitional Justice
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Author : Mariana S. Mendes
language : en
Publisher: Taylor & Francis
Release Date : 2023-07-24
Delayed Transitional Justice written by Mariana S. Mendes and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-24 with Law categories.
This book addresses the issue of the timing of transitional justice policies in countries that had negotiated transitions from authoritarianism to democracy. Why are transitional justice measures often being implemented decades after the events they refer to? More specifically, what combination of factors leads to the implementation of transitional justice policies at certain moments in time? And, what explains countries’ different choices and trajectories? To address these questions, this book pursues a comparative analysis of three cases: comparing a case of ‘robust’ implementation of transitional justice measures (Uruguay), a case where only victim-centered measures were approved (Spain), and a case that sits in between these two (Brazil). Through an in-depth empirical analysis of these specific country-cases, and focusing on seven different transitional justice initiatives, the book identifies the determinants behind delayed transitional justice policies and explains why such policies are more robust in some settings than in others. In doing so, it provides a holistic account of post-transitional justice outcomes, offering more general conclusions and insights about the study of the drivers of transitional justice. This book will appeal to scholars and students of transitional justice in politics, law, and sociology, as well as to policymakers involved in the implementation and administration of transitional justice measures.
Transitional Justice In The Asia Pacific
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Author : Renée Jeffery
language : en
Publisher: Cambridge University Press
Release Date : 2013-11-11
Transitional Justice In The Asia Pacific written by Renée Jeffery and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-11 with Political Science categories.
How to address the human rights violations of previous regimes and past periods of conflict is one of the most pressing questions facing governments and policy makers today. New democracies and states in the fragile post-conflict peace-settlement phase are confronted by the need to make crucial decisions about whether to hold perpetrators of human rights violations accountable for their actions and, if so, how to best achieve that end. This is the first book to examine the ways in which states and societies in the Asia-Pacific region have navigated these difficult waters. Drawing together several of the world's leading experts on transitional justice with Asia-Pacific regional and country specialists it provides an overview of the processes and practices of transitional justice in the region as well as detailed analysis of the cases of Cambodia, Sri Lanka, Aceh, Indonesia, South Korea, the Solomon Islands and East Timor.
Transitional Justice In Practice
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Author : Renée Jeffery
language : en
Publisher: Springer
Release Date : 2017-01-06
Transitional Justice In Practice written by Renée Jeffery and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-06 with Political Science categories.
This book examines the practice of transitional justice in the Solomon Islands from the period of the ‘The Tensions’ to the present. In late 1998, the Solomon Islands were plunged into a period of violent civil conflict precipitated by a complex web of grievances, injustices, ethnic tensions, and economic insecurities. This conflict dragged on until the middle of 2003, leaving an estimated 200 people dead and more than 20 000 displaced from their homes. In the time that has elapsed since the end of The Tensions, numerous—at times incompatible—approaches to transitional justice have been implemented in the Solomon Islands. The contributors to this volume examine how key global trends and debates about transitional justice were played out in the Solomon Islands, how its key mechanisms were adapted to meet the specific demands of post-conflict justice in this local context, and how well its practices and processes fulfilled their perceived functions.
Violence Law And The Impossibility Of Transitional Justice
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Author : Catherine Turner
language : en
Publisher: Routledge
Release Date : 2016-07-07
Violence Law And The Impossibility Of Transitional Justice written by Catherine Turner and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-07 with Law categories.
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.
Historical Memory And Criminal Justice In Spain
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Author : Josep Maria Tamarit Sumalla
language : en
Publisher:
Release Date : 2013
Historical Memory And Criminal Justice In Spain written by Josep Maria Tamarit Sumalla and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Criminal justice, Administration of categories.
This book analyses, above all, the laws, policies and judicial decisions adopted in Spain that were related to the construction of the past and could therefore be understood as measures of transitional justice. By comparing this experience with transitional decisions adopted in other countries, the book highlights the main features of the Spanish case and the lessons that can be learned from it. Measures adopted during the transitional period, such as the amnesty and subsequent decisions aimed at giving some kind of partial reparation to the victims of the repression, are here studied. Demands for reviewing the past, the 2007 Act of Historical Memory, and the controversial use of criminal justice are also considered. Criminal Law is hardly applicable to the facts of the past, but the purely amnesic option can no longer be defended.
Post Transitional Justice
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Author : Cath Collins
language : en
Publisher: Penn State Press
Release Date : 2015-10-29
Post Transitional Justice written by Cath Collins and has been published by Penn State Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-10-29 with History categories.
Latin America is still dealing with the legacy of terror and torture from its authoritarian past. In the years after the restoration of democratic governments in countries where violations of human rights were most rampant, the efforts to hold former government officials accountable were mainly conducted at the level of the state, through publicly appointed truth commissions and other such devices. This stage of “transitional justice” has been carefully and exhaustively studied. But as this first wave of efforts died down, with many still left unsatisfied that justice had been rendered, a new approach began to take over. In Post-transitional Justice, Cath Collins examines the distinctive nature of this approach, which combines evolving legal strategies by private actors with changes in domestic judicial systems. Collins presents both a theoretical framework and a finely detailed investigation of how this has played out in two countries, Chile and El Salvador. Drawing on more than three hundred interviews, Collins analyzes the reasons why the process achieved relative success in Chile but did not in El Salvador.
People S Tribunals Human Rights And The Law
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Author : Regina Menachery Paulose
language : en
Publisher: Routledge
Release Date : 2019-11-27
People S Tribunals Human Rights And The Law written by Regina Menachery Paulose and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-27 with Law categories.
People’s Tribunals are independent, peaceful, grassroots movements, created by members of civil society, to address impunity that is associated with ongoing or past atrocities. As such, they offer society an alternative history and create a space for healing and reconciliation to take place that may otherwise be stifled by political agendas and legal technicalities. Since the 1960’s, People’s Tribunals have grown and developed to address many kinds of situations, from genocide to environmental degradation. This book presents a balance of academic and practitioner perspectives on People’s Tribunals. It explores key questions relating to their formation and roles and discusses what they can offer to victims and survivors. The volume provides an introduction to the subject, theoretically informed discussion reflecting different perspectives, and a range of contributions focusing on different types of People’s Tribunals and various aspects of their operation. The authors analyse advantages and disadvantages of these movements in a variety of contexts. The impact and contribution they have in the international criminal law and international human rights context is also discussed. The book will be welcomed by those interested in international criminal law, human rights, environmental justice, transitional justice and international relations.
Transitional Justice In The Twenty First Century
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Author : Naomi Roht-Arriaza
language : en
Publisher: Cambridge University Press
Release Date : 2006-09-14
Transitional Justice In The Twenty First Century written by Naomi Roht-Arriaza and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-09-14 with Social Science categories.
Dealing with the aftermath of civil conflict or the fall of a repressive government continues to trouble countries throughout the world. Whereas much of the 1990s was occupied with debates concerning the relative merits of criminal prosecutions and truth commissions, by the end of the decade a consensus emerged that this either/or approach was inappropriate and unnecessary. A second generation of transitional justice experiences have stressed both truth and justice and recognize that a single method may inadequately serve societies rebuilding after conflict or dictatorship. Based on studies in ten countries, this book analyzes how some combine multiple institutions, others experiment with community-level initiatives that draw on traditional law and culture, whilst others combine internal actions with transnational or international ones. The authors argue that transitional justice efforts must also consider the challenges to legitimacy and local ownership emerging after external military intervention or occupation.
Truth Recovery And Transitional Justice
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Author : Iosif Kovras
language : en
Publisher: Routledge
Release Date : 2014-05-16
Truth Recovery And Transitional Justice written by Iosif Kovras and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-16 with Political Science categories.
This book investigates why some societies defer transitional justice issues after successful democratic consolidation. Despite democratisation, the exhumation of mass graves containing the victims from the violence in Cyprus (1963-1974) and the Spanish civil war (1936-1939) was delayed until the early 2000s, when both countries suddenly decided to revisit the past. Although this contradicts the actions of other countries such as South Africa, Bosnia, and Guatemala where truth recovery for disappeared/missing persons was a central element of the transition to peace and democracy, Cyprus and Spain are not alone: this is an increasing trend among countries trying to come to terms with past violence. Truth Recovery and Transitional Justice considers the case studies of Spain and Cyprus and explores three interrelated issues. First, the book examines which factors can explain prolonged silence on the issue of missing persons in transitional settings. It then goes on to explore the transformation of victims’ groups from opponents of truth recovery to vocal pro-reconciliation pressure groups, and examines the circumstances in which it is better to tie victims’ rights to an overall political settlement. Finally, the author goes on to compare Spain and Cyprus with Greece- a country that remains resistant to post-transitional justice norms. This book will be of interest to students of transitional justice, human rights, peace and conflict studies and security studies in general.
Critical Perspectives In Transitional Justice
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Author : Nicola Frances Palmer
language : en
Publisher:
Release Date : 2012
Critical Perspectives In Transitional Justice written by Nicola Frances Palmer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Human rights categories.
In the last twenty years, the field of transitional justice has gone from being a peripheral concern to an ubiquitous feature of societies recovering from mass conflict or repressive rule. In both policy and scholarly realms, transitional justice has proliferated rapidly, with ever-increasing variety in terms of practical rapidly, with ever-increasing variety in terms of practical processes and analytical approaches. The sprawl of transitional justice, however, has not always produced concepts and practices that are theoretically sound and grounded in the empirical realities of the societies in question.