Managing Transitional Justice
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Managing Transitional Justice
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Author : Ray Nickson
language : en
Publisher: Springer
Release Date : 2018-04-09
Managing Transitional Justice written by Ray Nickson and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-09 with Social Science categories.
This book examines expectations for justice in transitional societies and how stakeholder expectations are ignored, marginalized and co-opted by institutions in the wake of conflict. Focusing on institutions that have adopted international criminal trials, the authors encourage us to ask not only whether expectations are appropriate to institutions, but whether institutions are appropriate expectations. Drawing upon a wide variety of sources, this volume demonstrates that a profound ‘expectation gap’ – the gap between anticipated and likely outcomes of justice – exists in transitional justice systems and processes. This ‘expectation gap’ requires that the justice goals of local communities be managed accordingly. In proposing a perspective of enhanced engagement, the authors argue for greater compromise in the expectations, goals and design of transitional justice. This book will constitute an important and valuable resource for students of scholars of transitional justice as well as practitioners, particularly with regards to the design of transitional justice responses.
Managing Testimony And Administrating Victims
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Author : Juan Pablo Aranguren Romero
language : en
Publisher: Springer
Release Date : 2016-11-23
Managing Testimony And Administrating Victims written by Juan Pablo Aranguren Romero and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-23 with Political Science categories.
This book analyzes the implementation of Law 975 in Colombia, known as the Justice and Peace Law, and proposes a critical view of the transitional scenario in Colombia from 2005 onwards. The author analyzes three aspects of the law: 1) The process of negotiation with paramilitary groups; 2) The constitution of the Group Memoria Histórica (Historic Memory) in Colombia and 3) The process of a 2007 law that was finally not passed. The book contains interviews with key actors in the justice and peace process in Colombia. The author analyses the contradictions, tensions, ambiguities and paradoxes that define the practices of such actors. This book highlights that a critical view of this kind of transitional scenario is indispensable to determine steps towards a just and peaceful society.
Peace Versus Justice
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Author : Chandra Lekha Sriram
language : en
Publisher: James Currey Limited
Release Date : 2010
Peace Versus Justice written by Chandra Lekha Sriram and has been published by James Currey Limited this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Literary Collections categories.
This book offers fresh insights on the `justice versus peace' dilemma, examining the challenges and prospects for promoting both peace and accountability, specifically in African countries affected by conflict or political violence. Peace versus Justice? draws on the expertise of many insider analysts, individuals who are not only authorities on transitional accountability processes, but who have participated in them, whether as legal practitioners or commissioners. This volume examines the wide array of experiences with transitional justice both within and outside states on the continent, spanning a range of countries including South Africa, Nigeria, Ghana, Liberia, Sierra Leone, Rwanda, Mozambique, Sudan, Uganda, Democratic Republic of Congo, and the Central African Republic. While the primary focus is on processes in Africa, many of the contributors also draw on lessons from earlier processes elsewhere in the world, particularly Latin America. The chapters in this volume consider a wide range of approaches to accountability and peacebuilding. These include not only domestic courts and tribunals, hybrid tribunals, or the International Criminal Court, but also truth commissions and informal or non-state justice and conflict resolution processes. Taken together, they demonstrate the wealth of experiences and experimention in transitional justice processes on the continent.
Transformative Transitional Justice And The Malleability Of Post Conflict States
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Author : Padraig McAuliffe
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-03-31
Transformative Transitional Justice And The Malleability Of Post Conflict States written by Padraig McAuliffe 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 2017-03-31 with categories.
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.
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.
Restorative Justice In Africa
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Author : Nabudere, Dani Wadada
language : en
Publisher: Africa Institute of South Africa
Release Date : 2013-12-07
Restorative Justice In Africa written by Nabudere, Dani Wadada and has been published by Africa Institute of South Africa this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-07 with Political Science categories.
This book was inspired by the need of post-conflict societies to manage knowledge resources in such a way that it creates lasting restoration of durable peaceful relationships among people. It aims to demonstrate the challenges of the management of knowledge for restorative justice in Africa and the principles and practices by which these challenges can be met. To achieve this aim they applied what they call the 'Trans-dimensional Knowledge Management Model (TDKM-M)' to specific cases of restorative justice in South Africa, Rwanda, Uganda, Kenya and Liberia. After an analysis of the cases studies, the author successfully demonstrated the challenges of the management of knowledge for restorative justice in Africa and the principles and practices by which these challenges can be met. The authors revealed common challenges to restorative justice such as establishing the 'truth'; the institutionalisation of recommendations by truth and reconciliation bodies; the handling of non-cooperative offenders; and replacing of 'good' values' with 'bad' values as major challenges to restorative justice. To meet these challenges, they propose certain principles of trans-dimensional restorative justice: the establishment of a 'trans-dimensional knowledge foundation' (not some version of 'the truth'); leadership in the implementation of strategies and plans; restoration or establishment of good relations among all people (not only the ruling elites); the identification of tacit and unseen factors that will determine successful restoration of these relationships; and changing these tacit and unseen factors.
Business Human Rights And Transitional Justice
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Author : Irene Pietropaoli
language : en
Publisher: Routledge
Release Date : 2020-05-07
Business Human Rights And Transitional Justice written by Irene Pietropaoli and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-07 with Business & Economics categories.
This book considers the efficacy of transitional justice mechanisms in response to corporate human rights abuses. Corporations and other business enterprises often operate in countries affected by conflict or repressive regimes. As such, they may become involved in human rights violations and crimes under international law ‒ either as the main perpetrators or as accomplices by aiding and abetting government actors. Transitional justice mechanisms, such as trials, truth commissions, and reparations, have usually focused on abuses by state authorities or by non-state actors directly connected to the state, such as paramilitary groups. Innovative transitional justice mechanisms have, however, now started to address corporate accountability for human rights abuses and crimes under international law and have attempted to provide redress for victims. This book analyzes this development, assessing how transitional justice can provide remedies for corporate human rights abuses and crimes under international law. Canvassing a broad range of literature relating to international criminal law mechanisms, regional human rights systems, domestic courts, truth and reconciliation commissions, and land restitution programmes, this book evaluates the limitations and potential of each mechanism. Acknowledging the limited extent to which transitional justice has been able to effectively tackle the role of corporations in human rights violations and international crimes, this book nevertheless points the way towards greater engagement with corporate accountability as part of transitional justice. A valuable contribution to the literature on transitional justice and on business and human rights, this book will appeal to scholars, researchers and PhD students in these areas, as well as lawyers and other practitioners working on corporate accountability and transitional justice.
Transitional Justice In Comparative Perspective
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Author : Samar El-Masri
language : en
Publisher: Springer Nature
Release Date : 2020-01-17
Transitional Justice In Comparative Perspective written by Samar El-Masri and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-17 with Political Science categories.
What if we could change the conditions in post-conflict/post-authoritarian countries to make transitional justice work better? This book argues that if the context in countries in need of transitional justice can be ameliorated before processes of transitional justice are established, they are more likely to meet with success. As the contributors reveal, this can be done in different ways. At the attitudinal level, changing the broader social ethos can improve the chances that societies will be more receptive to transitional justice. At the institutional level, the capacity of mechanisms and institutions can be strengthened to offer more support to transitional justice processes. Drawing on lessons learned in Colombia, Democratic Republic of the Congo, The Gambia, Lebanon, Palestine, and Uganda, the book explores ways to better the conditions in post-conflict/post-authoritarian countries to improve the success of transitional justice.
Transitional Justice In Troubled Societies
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Author : Aleksandar Fatic
language : en
Publisher: Rowman & Littlefield
Release Date : 2018-11-26
Transitional Justice In Troubled Societies written by Aleksandar Fatic and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-26 with Political Science categories.
This book discusses the crucial strategic topic for the practical implementation of transitional justice in post-conflict societies by arguing that the dilemma is defined by the extent to which the actual achievement of the political goals of transition is a necessary condition for the long-term observance and implementation of justice. While in many cases the ‘blind’ criminal justice does not enhance, and even militates against, the achievement of political transitions, an understanding of transitional justice as a fundamentally political process is novel, controversial and a concept which may shape the future of transitional justice. This collection contributes to developing this concept both theoretically and through concrete and current case studies from the worlds most pronounced crisis spots for transitional justice.
Justice As Prevention
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Author : Pablo De Greiff
language : en
Publisher: SSRC
Release Date : 2007
Justice As Prevention written by Pablo De Greiff and has been published by SSRC this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
Countries emerging from armed conflict or authoritarian rule face difficult questions about what to do with public employees who perpetrated past human rights abuses and the institutional structures that allowed such abuses to happen. Justice as Prevention: Vetting Public Employees in Transitional Societies examines the transitional reform known as "vetting"-the process by which abusive or corrupt employees are excluded from public office. More than a means of punishing individuals, vetting represents an important transitional justice measure aimed at reforming institutions and preventing the recurrence of abuses. The book is the culmination of a multiyear project headed by the International Center for Transitional Justice that included human rights lawyers, experts on police and judicial reform, and scholars of transitional justice and reconciliation. It features case studies of Argentina, Bosnia and Herzegovina, the Czech Republic, El Salvador, the former German Democratic Republic, Greece, Hungary, Poland, and South Africa, as well as chapters on due process, information management, and intersections between other institutional reforms.