Illiberal Transitional Justice And The Extraordinary Chambers In The Courts Of Cambodia
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Illiberal Transitional Justice And The Extraordinary Chambers In The Courts Of Cambodia
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Author : Rebecca Gidley
language : en
Publisher: Springer
Release Date : 2019-02-19
Illiberal Transitional Justice And The Extraordinary Chambers In The Courts Of Cambodia written by Rebecca Gidley and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-19 with History categories.
This book examines the creation and operation of the Extraordinary Chambers in the Courts of Cambodia (ECCC), which is a hybrid domestic/international tribunal tasked with putting senior leaders of the Khmer Rouge on trial. It argues that the ECCC should be considered an example of illiberal transitional justice, where the language of procedure is strongly adhered to but political considerations often rule in reality. The Cambodian government spent nearly two decades addressing the Khmer Rouge past, and shaping its preferred narrative, before the involvement of the United Nations. It was a further six years of negotiations between the Cambodian government and the United Nations that determined the unique hybrid structure of the ECCC. Over more than a decade in operation, and with three people convicted, the ECCC has not contributed to the positive goals expected of transitional justice mechanisms. Through the Cambodian example, this book challenges existing assumptions and analysesof transitional justice to create a more nuanced understanding of how and why transitional justice mechanisms are employed.
Illiberal Transitional Justice
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Author : Rebecca Anna Gidley
language : en
Publisher:
Release Date : 2017
Illiberal Transitional Justice written by Rebecca Anna Gidley and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.
The Extraordinary Chambers in the Courts of Cambodia (ECCC) was created by an agreement between the Cambodian government and the United Nations with a mandate to put Khmer Rouge leaders on trial for crimes committed during their 1970s regime. Judicial responses, such as the ECCC, to periods of mass violence have been termed transitional justice since the 1990s. Although the definitions of transitional justice are very broad, the explanations and analyses offered by the literature contain implicit assumptions that transitional justice is being implemented as part of a transition towards liberal democracy. In this thesis I use the case of Cambodia to challenge these assumptions and propose a new category of illiberal transitional justice. Before the creation of the ECCC began, the Cambodian government had spent nearly two decades shaping the narrative of the Khmer Rouge period to suit its political interests. When the United Nations became involved in discussions for a Khmer Rouge tribunal the government was concerned to protect itself and this narrative. The negotiations took place over six years where both sides competed for control over the mechanism. This competition for control was then transferred to the national and international sides of the court once the ECCC became operational. Although all actors involved in the ECCC frequently invoked the language of procedure, in practice procedures were easily dismissed if they were inconvenient. Given this discussion of the ECCC's establishment and operation, I consider the court in light of the expectations of the transitional justice literature. The ECCC was not adhering to the assumed outcomes regarding ending impunity, building the rule of law, or strengthening democracy, and instead these changes were being actively impeded by the Cambodian government. Rather than pursuing these expected goals the Cambodian government was using the ECCC to enhance its international legitimacy and to strengthen its domestic political control. I argue that the ECCC should be considered an archetypal example of illiberal transitional justice. Cases of illiberal transitional justice sit on a spectrum between liberal transitional justice, which currently dominates the literature, and cases of transitional justice employed by repressive regimes, which are largely ignored in the literature. The ECCC, as a case of illiberal transitional justice, sits on the boundary between legitimacy and illegitimacy. The court maintained its legitimacy through the ongoing UN involvement and adherence to the language of procedure, but this legitimacy was challenged by the political interference of the Cambodian government in the court's operation. Illiberal transitional justice is a different conception of what the rules are, how important they are, and when they are important. In this thesis I challenge existing assumptions and analyses of transitional justice to create a more nuanced understanding of how and why transitional justice mechanisms are employed.
Research Handbook On Transitional Justice
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Author : Cheryl Lawther
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-08-14
Research Handbook On Transitional Justice written by Cheryl Lawther and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-14 with Law categories.
Providing a refreshing take on transitional justice, this second edition Research Handbook brings together an expanse of scholarly expertise to reconsider how societies deal with gross human rights violations, structural injustices and mass violence. Contextualised by historical developments, it covers a diverse range of concepts, actors and mechanisms of transitional justice, while shedding light on new and emerging areas in the field.
Resilience Adaptive Peacebuilding And Transitional Justice
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Author : Janine Natalya Clark
language : en
Publisher: Cambridge University Press
Release Date : 2021-10-07
Resilience Adaptive Peacebuilding And Transitional Justice written by Janine Natalya Clark 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 2021-10-07 with Law categories.
Explores innovative ways to build peace after large-scale violence by combining resilience, adaptive peacebuilding and transitional justice.
Resisting Indonesia S Culture Of Impunity
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Author : Jess Melvin
language : en
Publisher: ANU Press
Release Date : 2023-08-31
Resisting Indonesia S Culture Of Impunity written by Jess Melvin and has been published by ANU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-31 with Political Science categories.
Resisting Indonesia’s Culture of Impunity examines the role of Indonesia’s first truth and reconciliation commission—the Aceh Truth and Reconciliation Commission, or KKR Aceh—in investigating and redressing the extensive human rights violations committed during three decades of brutal separatist conflict (1976–2005) in the province of Aceh. The KKR Aceh was founded in late 2016, as a product of the 2005 peace deal between the Indonesian government and the Free Aceh Movement (GAM). It has since faced many challenges—not least from Indonesia’s security forces and former GAM leaders, who have joined together in their determination to maintain impunity for their respective roles in the conflict. Indeed, the commission would not have been established without the tireless work of civil society actors, including non-government organisations and other humanitarian groups. In Resisting Indonesia’s Culture of Impunity, the editors set out to amplify the role of these civil society actors in the KKR Aceh and in transitional justice in Indonesia. Each chapter has been written by a team of authors, composed predominantly of commissioners and staff from the KKR Aceh itself, members of key civil society organisations, and academics. Further, the editors aim to scrutinise the KKR Aceh from the inside and analyse the establishment and operation of what is perhaps the only genuine state-sponsored attempt to implement transitional justice in Indonesia today.
Futures Of International Criminal Justice
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Author : Emma Palmer
language : en
Publisher: Routledge
Release Date : 2021-12-22
Futures Of International Criminal Justice written by Emma Palmer and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-22 with Law categories.
This collection identifies and discusses problems and opportunities for the theory and practice of international criminal justice. The International Criminal Court and project of prosecuting international atrocity crimes have faced multiple challenges and critiques. In recent times, these have included changes in technology, the conduct of armed conflict, the environment, and geopolitics. The mostly emerging contributors to this collection draw on diverse socio-legal research frameworks to discuss proposals for the futures of international criminal justice. These include addressing accountability gaps and under-examined or emerging areas of criminality at, but also beyond, the International Criminal Court, especially related to technology and the environment. The book discusses the tensions between universalism and localisation, as well as the regionalisation of international criminal justice and how these approaches might adapt to dynamic organisational, political and social structures, at the ICC and beyond. The book will be of interest to students, researchers and academics. It will also be a useful resource for civil society representatives including justice advocates, diplomats and other government officials and policy-makers.
Lawyers In Conflict And Transition
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Author : Kieran McEvoy
language : en
Publisher: Cambridge University Press
Release Date : 2022-03-17
Lawyers In Conflict And Transition written by Kieran McEvoy 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 2022-03-17 with Law categories.
Studies what lawyers do in challenging contexts of conflict, authoritarianism, and the transition from violence.
Routledge Handbook Of Human Rights In Southeast Asia
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Author : Amalinda Savirani
language : en
Publisher: Taylor & Francis
Release Date : 2025-06-30
Routledge Handbook Of Human Rights In Southeast Asia written by Amalinda Savirani and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-06-30 with Social Science categories.
The Routledge Handbook of Human Rights in Southeast Asia analyses some of the region’s most pressing human rights issues, while also giving attention to those actors and institutions that work towards improvement. Chapters by international experts in the field provide readers with a background on some of Southeast Asia’s most pressing human rights concerns. The book builds on, and contributes to, existing analyses of human rights in Southeast Asia to further enhance our understanding of what sits behind the region’s ambivalent human rights track record. Following an introduction, the handbook is structured in eight parts. The chapters cover a wide range of human rights issues including human rights debates at political and regional levels, and how human rights are experienced every day, such as the rights to food, water, and work: Advancing Human Rights through ASEAN Refugees: Protecting Rights and Strengthening Agency Transitional Justice in Southeast Asia: Confronting the Past Balancing Moral Perspectives: Ideologies and Human Rights Intersections between Workers’ Rights, Corporations and the State Accessing and Maintaining Rights to Water, Food, and Health On the Frontline: Human Rights Defenders Promoting Human Rights in Southeast Asia: New Directions and Strategies The handbook considers the political and social contexts in which human rights emerge, the dynamics of their contestation and violation, and how rights are claimed. It demonstrates that human rights are a practice and goes beyond considering human rights as formal structures in laws, regulations, and meeting rooms. A timely overview and analysis of the situation of Human Rights in Southeast Asia, this handbook will be a valuable reference work for scholars and practitioners in human rights, the field of Asian Law, Asian Studies in general and Southeast Asian Studies in particular. Chapter 2 of this book is freely available as a downloadable Open Access PDF at http://www .taylorfrancis .com under a Creative Commons Attribution-NonCommercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
International Conflict And Security Law
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Author : Sergey Sayapin
language : en
Publisher: Springer Nature
Release Date : 2022-07-21
International Conflict And Security Law written by Sergey Sayapin and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-07-21 with Law categories.
This unique two-volume book covers virtually the whole spectrum of international conflict and security law. It proceeds from values protected by international law (Part I), through substantive rules in which these values are embodied (Part II), to international and domestic institutions that enforce the law (Part III). It subsequently deals with current challenges in the application of rules of international conflict and security law (Part IV), and crimes as the most serious violations of those rules (Part V). Finally, in the section on case studies (Part VI), lessons learnt from a number of conflict situations are discussed. Written by an international team of experts representing all the major legal systems of the world, the book is intended as a reference work for students and researchers, domestic and international judges, as well as for legal advisers to governments and international and non-governmental organisations. Sergey Sayapin is Associate Professor and Associate Dean at KIMEP University, School of Law in Almaty, Kazakhstan. Rustam Atadjanov is Assistant Professor at KIMEP University, School of Law in Almaty, Kazakhstan. Umesh Kadam is formerly Additional Professor at the National Law School of India University, Bangalore, India and Legal Adviser with the International Committee of the Red Cross. Gerhard Kemp is Professor of Law at the University of Derby in the United Kingdom. Nicolás Zambrana-Tévar is Associate Professor at KIMEP University, School of Law in Almaty, Kazakhstan. Noëlle Quénivet is Professor in International Law at the University of the West of England, Bristol Law School in the United Kingdom.
Practices Of Reparations In International Criminal Justice
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Author : Christoph Sperfeldt
language : en
Publisher: Cambridge University Press
Release Date : 2022-07-07
Practices Of Reparations In International Criminal Justice written by Christoph Sperfeldt 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 2022-07-07 with Law categories.
Explores how reparations in international criminal justice have been constituted and contested in various social contexts.