Re Thinking Transitional Justice For The 21st Century

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Re Thinking Transitional Justice For The 21st Century

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Author : Dustin N. Sharp
language : en
Publisher: Cambridge University Press
Release Date : 2018-03

Re Thinking Transitional Justice For The 21st Century written by Dustin N. Sharp 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 2018-03 with Law categories.

Challenges conventional views of what it means to 'do justice' in the aftermath of mass atrocities, from a legal perspective.

Transitional Justice For Child Soldiers

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Author : K. Fisher
language : en
Publisher: Springer
Release Date : 2013-10-10

Transitional Justice For Child Soldiers written by K. Fisher and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-10 with Political Science categories.

This book examines and offers suggestions for how post-conflict practices should conceptualize and address harms committed by child soldiers for successful social reconstruction in the aftermath of mass atrocity. It defends the use of accountability and considers the agency of youth participants in violent conflict as responsible moral entities.

Transitional Justice

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Author : Ruti G. Teitel
language : en
Publisher: Oxford University Press
Release Date : 2000-06-29

Transitional Justice written by Ruti G. Teitel and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-06-29 with Law categories.

At the century's end, societies all over the world are throwing off the yoke of authoritarian rule and beginning to build democracies. At any such time of radical change, the question arises: should a society punish its ancien regime or let bygones be bygones? Transitional Justice takes this question to a new level with an interdisciplinary approach that challenges the very terms of the contemporary debate. Ruti Teitel explores the recurring dilemma of how regimes should respond to evil rule, arguing against the prevailing view favoring punishment, yet contending that the law nevertheless plays a profound role in periods of radical change. Pursuing a comparative and historical approach, she presents a compelling analysis of constitutional, legislative, and administrative responses to injustice following political upheaval. She proposes a new normative conception of justice--one that is highly politicized--offering glimmerings of the rule of law that, in her view, have become symbols of liberal transition. Its challenge to the prevailing assumptions about transitional periods makes this timely and provocative book essential reading for policymakers and scholars of revolution and new democracies.

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.

Transitional Justice In Aparadigmatic Contexts

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Author : Tine Destrooper
language : en
Publisher: Taylor & Francis
Release Date : 2023-03-23

Transitional Justice In Aparadigmatic Contexts written by Tine Destrooper and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-03-23 with Law categories.

This book explores the practical and theoretical opportunities as well as the challenges raised by the expansion of transitional justice into new and ‘aparadigmatic’ cases. The book defines transitional justice as the pursuit of accountability, recognition and/or disruption and applies an actor-centric analysis focusing on justice actors’ intentions of and responses to transitional justice. It offers a typology of different transitional justice contexts ranging from societies experiencing ongoing conflict to consolidated democracies, and includes chapters from all types of aparadigmatic contexts. This covers transitional justice in states with contested political authority, shared political authority, and consolidated political authority. The transitional justice initiatives explored by the wide range of contributors are those of Afghanistan, Belgium, France, Greenland/Denmark, Libya, Syria, Turkey/Kurdistan, UK/Iraq, US, and Yemen. Through these aparadigmatic case studies, the book develops a new framework that, appropriate to its expanding reach, allows us to understand the practice of transitional justice in a more context-sensitive, bottom-up, and actor-oriented way, which leaves room for the complexity and messiness of interventions on the ground. The book will appeal to scholars and practitioners in the broad field of transitional justice, as represented in law, criminology, politics, conflict studies and human rights. The Introduction, Chapter 8 and the Concluding Remarks of this book are freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

Rethinking Reconciliation And Transitional Justice After Conflict

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Author : James Hughes
language : en
Publisher: Routledge
Release Date : 2020-04-24

Rethinking Reconciliation And Transitional Justice After Conflict written by James Hughes and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-24 with Political Science categories.

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.

Transitional Justice In The United States Of America

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Author : Brianne McGonigle Leyh
language : en
Publisher: Taylor & Francis
Release Date : 2025-08-08

Transitional Justice In The United States Of America written by Brianne McGonigle Leyh and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-08-08 with Law categories.

This book employs a transitional justice lens in order to explore justice initiatives in the United States of America. Transitional justice developed out of societal demands to better address serious abuse, injustice, and atrocities – initially in South American post-authoritarian contexts transitioning to democratic states and later elsewhere, but especially within post-conflict contexts. The lens of transitional justice has only rarely been extended to the United States and never in a comprehensive way. This book aims to provide a contemporary and critical analysis of relevant developments and debates within the United States related to transitional justice. Using the framework of the five main ‘pillars’ of transitional justice – truth, reparation, accountability, guarantee of non-repetition, and memory – the book identifies and explores relevant justice initiatives, both historical and contemporary, across federal, state, and local levels in the United States. The empirical examples taken up show how a broad array of civil society actors are driving transitional justice processes across the country. By recognizing both extraordinary and ordinary justice processes as transitional justice, the book offers a broader understanding of how groups navigate transitions to more democratic, peaceful, and socially just societies. The examples further shed light on the expansion of the field to nontraditional contexts, the relationship between global norms and local practices, and the role of law and political compromise. The book concludes by emphasizing the value and power of the plurality of initiatives taking shape across the United States but calls for a more coherent transitional justice policy at the national level. This book is relevant for scholars and students with interests in transitional justice, conflict resolution, human rights, Indigenous studies, culture, and race.

The Cambridge Companion To International Criminal Law

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Author : William Schabas
language : en
Publisher: Cambridge University Press
Release Date : 2016-01-07

The Cambridge Companion To International Criminal Law written by William Schabas 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 2016-01-07 with Law categories.

An authoritative introduction to international criminal law written by renowned international lawyers, judges, prosecutors, criminologists and historians.

The Figure Of The Witness In International Criminal Tribunals

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Author : Benjamin Thorne
language : en
Publisher: Taylor & Francis
Release Date : 2022-10-05

The Figure Of The Witness In International Criminal Tribunals written by Benjamin Thorne and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-10-05 with Law categories.

This book analyses how international criminal institutions, and their actors – legal counsels, judges, investigators, registrars – construct witness identity and memory. Filling an important gap within transitional justice scholarship, this conceptually led and empirically grounded interdisciplinary study takes the International Criminal Tribunal for Rwanda (ICTR) as a case study. It asks: How do legal witnesses of human rights violations contribute to memory production in transitional post-conflict societies? Witnessing at tribunals entails individuals externalising memories of violations. This is commonly construed within the transitional justice legal scholarship as an opportunity for individuals to ensure their memories are entered into an historical record. Yet this predominant understanding of witness testimony fails to comprehend the nature of memory. Memory construction entails fragments of individual and collective memories within a contestable and contingent framing of the past. Accordingly, the book challenges the claim that international criminal courts and tribunals are able to produce a collective memory of atrocities; as it maintains that witnessing must be understood as a contingent and multi-layered discursive process. Contributing to the specific analysis of witnessing and memory, but also to the broader field of transitional justice, this book will appeal to scholars and practitioners in these areas, as well as others in legal theory, global criminology, memory studies, international relations, and international human rights.

Rethinking Humanitarian Intervention In The 21st Century

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Author : Aiden Warren
language : en
Publisher: Edinburgh University Press
Release Date : 2017-06-02

Rethinking Humanitarian Intervention In The 21st Century written by Aiden Warren and has been published by Edinburgh University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06-02 with Law categories.

Since the end of the Cold War, humanitarian interventions have continued to evolve and respond to a wide range of political crises. These insightful essays focus on the challenges associated with interventions when facing conflict and human rights violations, unmitigated systematic violence, state re-building, human mobility and dislocation. Each chapter is linked to the rest through three defining themes that permeate the book: the evolution of humanitarian interventions in a global era; the limits of sovereignty and the ethics of interventions; and the politics of post-intervention: (re)-building and humanitarian engagement. The authors incorporate a variety of case studies including Kosovo, Timor-Leste, Syria, Libya and Iraq, and examine the complexity of interventions across their different dimensions, including relevant doctrines such as R2P, 'Use of Force' and Human Security.