The Role Of Courts In Transitional Justice
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The Role Of Courts In Transitional Justice
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Author : Jessica Almqvist
language : en
Publisher: Routledge
Release Date : 2013-06-17
The Role Of Courts In Transitional Justice written by Jessica Almqvist and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-17 with Law categories.
Bringing together a group of outstanding judges, scholars and experts with first-hand experience in the field of transitional justice in Latin America and Spain, this book offers an insider’s perspective on the enhanced role of courts in prosecuting serious human rights violations and grave crimes, such as genocide and war crimes, committed in the context of a prior repressive regime or current conflict. The book also draws attention to the ways in which regional and international courts have come to contribute to the initiation of national judicial processes. All the contributions evince that the duty to investigate and prosecute grave crimes can no longer simply be brushed to the side in societies undergoing transitions. The Role of Courts in Transitional Justice is essential reading for practitioners, policy-makers and scholars engaged in the transitional justice processes or interested in judicial and legal perspectives on the role of courts, obstacles faced, and how they may be overcome. It is unique in its ambition to offer a comprehensive and systematic account of the Latin American and Spanish experience and in bringing the insights of renowned judges and experts in the field to the forefront of the discussion.
Constitutionalizing Transitional Justice
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Author : Cheng-Yi Huang
language : en
Publisher: Taylor & Francis
Release Date : 2022-11-11
Constitutionalizing Transitional Justice written by Cheng-Yi Huang and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-11 with Law categories.
This book explores the complicated relationship between constitutions and transitional justice. It brings together scholars and practitioners from different countries to analyze the indispensable role of constitutions and constitutional courts in the process of overcoming political injustice of the past. Issues raised in the book include the role of a new constitution for the successful practice of transitional justice after democratization, revolution or civil war, and the difficulties faced by the court while dealing with mass human rights infringements with limited legal tools. The work also examines whether constitutionalizing transitional justice is a better strategy for new democracies in response to political injustice from the past. It further addresses the complex issue of backslides of democracy and consequences of constitutionalizing transitional justice. The group of international authors address the interplay of the constitution/court and transitional justice in their native countries, along with theoretical underpinnings of the success or unfulfilled promises of transitional justice from a comparative perspective. The book will be a valuable resource for academics, researchers and policy-makers working in the areas of Transitional Justice, Comparative Constitutional Law, Human Rights Studies, International Criminal Law, Genocide Studies, Law and Politics, and Legal History.
Transitional Justice Peace And Accountability
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Author : Jessica Lincoln
language : en
Publisher: Taylor & Francis
Release Date : 2011-03-18
Transitional Justice Peace And Accountability written by Jessica Lincoln and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-03-18 with History categories.
The book looks at the outreach and communication strategies employed by internationalised courts to try to understand the wider impact of international justice. This book critically examines the role of outreach within international justice focusing specifically on the role of outreach at the Special Court for Sierra Leone (SCSL). It contributes to understanding of the relationship between international courts and the affected populations; an area currently underexplored and little understood. The assumption that justice brings peace underpins much of the thinking, and indeed action, of international justice, yet little is known if this is actually the case. Significant questions surrounding the link between peace and justice remain: do trials deter would-be war criminals; is justice possible for the most heinous crimes; can international justice replace local justice? This book explores these questions in relation to recent developments in international justice that have both informed and shaped the creation of the hybrid tribunal in Sierra Leone. Through empirical analysis, Transitional Justice, Peace and Accountability, answers these questions and provides an insight into individual and community perceptions of international justice. This book will be of much interest to students of transitional justice, war crimes, peace and conflict studies, human rights, international law, and IR in general.
Transitional Justice Judicial Accountability And The Rule Of Law
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Author : Hakeem O. Yusuf
language : en
Publisher: Routledge
Release Date : 2010-04-29
Transitional Justice Judicial Accountability And The Rule Of Law written by Hakeem O. Yusuf and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-04-29 with Law categories.
Transitional Justice, Judicial Accountability and the Rule of Law addresses the importance of judicial accountability in transitional justice processes. Despite a general consensus that the judiciary plays an important role in contemporary governance, accountability for the judicial role in formerly authoritarian societies remains largely elided and under-researched. Hakeem O. Yusuf argues that the purview of transitional justice mechanisms should, as a matter of policy, be extended to scrutiny of the judicial role in the past. Through a critical comparative approach that cuts through the transitioning experiences of post-authoritarian and post-conflict polities in Latin America, Asia, Europe and Africa, the book focuses specifically on Nigeria. It demonstrates that public accountability of the judiciary through the mechanism of a truth-seeking process is a necessary component in securing comprehensive accountability for the judicial role in the past. Transitional Justice, Judicial Accountability and the Rule of Law further shows that an across-the-board transformation of state institutions – an important aspiration of transitional processes – is virtually impossible without incorporating the third branch of government, the judiciary, into the accountability process.
Transitional Justice
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Author : Hakeem O. Yusuf
language : en
Publisher: Routledge
Release Date : 2021-09-06
Transitional Justice written by Hakeem O. Yusuf and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-06 with Law categories.
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.
Courts In Conflict
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Author : Nicola Palmer
language : en
Publisher: Oxford University Press, USA
Release Date : 2015
Courts In Conflict written by Nicola Palmer and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
This volume focuses on the practices of the United Nations International Criminal Tribunal for Rwanda (ICTR), the national Rwandan courts, and the gacaca community courts in post-genocide Rwanda. It emphasizes that, although the courts are compatible in law, an interpretive cultural analysis indicates how and why they have often conflicted in practice.
International Law In Domestic Courts
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Author : Edda Kristjánsdóttir (oed.)
language : en
Publisher:
Release Date : 2012
International Law In Domestic Courts written by Edda Kristjánsdóttir (oed.) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Courts categories.
States that are in transition following a violent conflict or an authoritarian past face daunting challenges in (re)establishing the rule of law. This volume examines the detailed attempts that were made in certain significant post-conflict or post-authoritarian situations to strengthen the domestic rule of law with the aid of international law. Attention is paid in particular to the empowerment of domestic courts in such situations. International law may serve these courts as a tool for reconciling the demands for new rights and responsibilities with due process and other rule of law requirements. The book contains case studies of the role of domestic courts in various post-conflict and transitional situations: the Balkans, Iraq, Afghanistan, Nepal, East Timor, Russia, South Africa, and Rwanda. Each of these case studies examines questions relating to: the exact constitutional moment that empowers domestic courts to apply international law * the range of international legal norms that are applied * the involvement of international actors in bringing about change * the contextualization of international legal norms in States in transition * tension within such States as a result of the application of international law * the legacy of domestic courts' empowerment in terms of durable rule of law entrenchment. (Series: Series on Transitional Justice - Vol. 9)
Transitional Justice And The Public Sphere
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Author : Chrisje Brants
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-11-02
Transitional Justice And The Public Sphere written by Chrisje Brants and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-02 with Law categories.
Transparency is a fundamental principle of justice. A cornerstone of the rule of law, it allows for public engagement and for democratic control of the decisions and actions of both the judiciary and the justice authorities. This book looks at the question of transparency within the framework of transitional justice. Bringing together scholars from across the disciplinary spectrum, the collection analyses the issue from socio-legal, cultural studies and practitioner perspectives. Taking a three-part approach, it firstly discusses basic principles guiding justice globally before exploring courts and how they make justice visible. Finally, the collection reviews the interface between law, transitional justice institutions and the public sphere.
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.
Peace And Justice
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Author : Rachel Kerr
language : en
Publisher: Polity
Release Date : 2007-10-29
Peace And Justice written by Rachel Kerr and has been published by Polity this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-10-29 with Law categories.
In recent years there has been a tendency to intervene in the military, political and economic affairs of failed and failing states and those emerging from violent conflict. In many cases this has been accompanied by some form of international judicial intervention to address serious and widespread abuses of international humanitarian law and human rights in recognition of an explicit link between peace and justice. A range of judicial and non-judicial approaches has been adopted in recognition of the fact that there is no one-size-fits-all model through which to seek accountability. This book considers the merits and drawbacks of these different responses and sets out an original framework for analysing transitional societies and transitional justice mechanisms. Taking as its starting point the post-Second World War tribunals at Nuremburg and Tokyo, the book goes on to discuss the creation of ad hoc international tribunals in the 1990s, hybrid/mixed courts, the International Criminal Court, domestic trials, truth commissions and traditional justice mechanisms. With examples drawn from across the world, including the former Yugoslavia, Rwanda, Cambodia, Timor-Leste, Sierra Leone, Uganda and the DRC, it presents a compelling and comprehensive study of the key responses to war crimes. Peace and Justice is a timely contribution in a world where an ever-increasing number of post-conflict societies are grappling with the complex issues of transitional justice. It will be a valuable resource for students, scholars, practitioners and policy-makers seeking to understand past violations of human rights and the most effective ways of addressing them.