Transitional Justice And The Prosecution Of Political Leaders In The Arab Region
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Transitional Justice And The Prosecution Of Political Leaders In The Arab Region
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Author : Dr Noha Aboueldahab
language : en
Publisher:
Release Date : 2017
Transitional Justice And The Prosecution Of Political Leaders In The Arab Region written by Dr Noha Aboueldahab and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Human rights categories.
The dramatic uprisings that ousted the long-standing leaders of several countries in the Arab region set in motion an unprecedented period of social, political and legal transformation. The prosecution of political leaders took centre stage in the pursuit of transitional justice following the 'Arab Spring'. Through a comparative case study of Egypt, Libya, Tunisia and Yemen, this book argues that transitional justice in the Arab region presents the strongest challenge yet to the transitional justice paradigm. This paradigm is built on the underlying assumption that transitions constitute a shift from non-liberal to liberal democratic regimes, where often legal measures are taken to address atrocities committed during the prior regime. The book is guided by two principal questions: first, what trigger and driving factors led to the decision of whether or not to prosecute former political leaders? And second, what shaping factors affected the content and extent of decisions regarding prosecution? In answering these questions, the book enhances our understanding of how transitional justice is pursued by different actors in varied contexts. In doing so, it challenges the predominant understanding that transitional justice uniformly occurs in liberalising contexts and calls for a re-thinking of transitional justice theory and practice. Using original findings generated from almost 50 interviews across 4 countries, this research builds on the growing critical literature that claims that transitional justice is an under-theorised field and needs to be developed to take into account non-liberal and complex transitions. It will be stimulating and thought-provoking reading for all those interested in transitional justice and the 'Arab Spring'.--
Transitional Justice And The Arab Spring
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Author : Kirsten J. Fisher
language : en
Publisher: Routledge
Release Date : 2015-03-24
Transitional Justice And The Arab Spring written by Kirsten J. Fisher and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-03-24 with Law categories.
This book presents a varied and critical picture of how the Arab Spring demands a re-examination and re-conceptualization of issues of transitional justice. It demonstrates how unique features of this wave of revolutions and popular protests that have swept the Arab world since December 2010 give rise to distinctive concerns and problems relative to transitional justice. The contributors explore how these issues in turn add fresh perspective and nuance to the field more generally. In so doing, it explores fundamental questions of social justice, reconstruction and healing in the context of the Arab Spring. Including the perspectives of academics and practitioners, Transitional Justice and the Arab Spring will be of considerable interest to those working on the politics of the Middle East, normative political theory, transitional justice, international law, international relations and human rights.
Transitional Justice And The Prosecution Of Political Leaders In The Arab Region
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Author : Noha Aboueldahab
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-10-05
Transitional Justice And The Prosecution Of Political Leaders In The Arab Region written by Noha Aboueldahab and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-05 with Law categories.
The dramatic uprisings that ousted the long-standing leaders of several countries in the Arab region set in motion an unprecedented period of social, political and legal transformation. The prosecution of political leaders took centre stage in the pursuit of transitional justice following the 'Arab Spring'. Through a comparative case study of Egypt, Libya, Tunisia and Yemen, this book argues that transitional justice in the Arab region presents the strongest challenge yet to the transitional justice paradigm. This paradigm is built on the underlying assumption that transitions constitute a shift from non-liberal to liberal democratic regimes, where often legal measures are taken to address atrocities committed during the prior regime. The book is guided by two principal questions: first, what trigger and driving factors led to the decision of whether or not to prosecute former political leaders? And second, what shaping factors affected the content and extent of decisions regarding prosecution? In answering these questions, the book enhances our understanding of how transitional justice is pursued by different actors in varied contexts. In doing so, it challenges the predominant understanding that transitional justice uniformly occurs in liberalising contexts and calls for a re-thinking of transitional justice theory and practice. Using original findings generated from almost 50 interviews across 4 countries, this research builds on the growing critical literature that claims that transitional justice is an under-theorised field and needs to be developed to take into account non-liberal and complex transitions. It will be stimulating and thought-provoking reading for all those interested in transitional justice and the 'Arab Spring'.
Truth And Transitional Justice
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Author : Alice Panepinto
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-02-24
Truth And Transitional Justice written by Alice Panepinto and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-24 with Law categories.
With a unique transitional justice perspective on the Arab Spring, this book assesses the relocation of transitional justice from the international paradigm to Islamic legal systems. The Arab uprisings and new and old conflicts in the Middle East, North Africa and other contexts where Islam is a prominent religion have sparked an interest in localising transitional justice in the legal systems of Muslim-majority communities to uncover the truth about past abuse and ensure accountability for widespread human rights violations. This raises pressing questions around how the international paradigm of transitional justice, and in particular its truth-seeking aims, might be implemented and adapted to local settings characterised by Muslim majority populations, and at the same time drawing from relevant norms and principles of Islamic law. This book offers a critical analysis of the relocation of transitional justice from the international paradigm to the legal systems of Muslim-majority societies in light of the inherently pluralistic realities of these contexts. It also investigates synergies between international law and Islamic law in furthering truth-seeking, the formation of collective memories and the victims' right to know the truth, as key aims of the international paradigm of transitional justice and broadly supported by the shari'ah. This book will be a useful reference for scholars, practitioners and policymakers seeking to better understand the normative underpinnings of (potential) transitional truth-seeking initiatives in the legal systems of Muslim-majority societies. At the same time, it also proposes a more critical and creative way of thinking about the challenges and opportunities of localising transitional justice in contexts where the principles and ideas of Islamic law carry different meanings.
Judicial Responsibility And Coups D Tat
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Author : Kriangsak Kittichaisaree
language : en
Publisher: Taylor & Francis
Release Date : 2023-02-10
Judicial Responsibility And Coups D Tat written by Kriangsak Kittichaisaree and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-02-10 with Law categories.
This book examines the responsibility of judges of domestic courts following unconstitutional usurpation of power of government (coups d’état). It explores judges’ liability for failing to discharge their judicial duty independently and impartially, and the criminality of usurpers and their accomplices and collaborators for their violation of fundamental rights and freedoms or commission of crimes of international concern. Written by a highly regarded non-Western author, the book is coherent and meticulously researched, covering an approach to coups in an insightful and fascinating fashion. It includes a sophisticated and thorough analysis of the relevant comparative jurisprudence of domestic and international courts, with concrete examples of the best practices among decisions of domestic courts in countries that have experienced coups d’état. With an increasing global interest in the phenomenon of coups, democratic backsliding and the place and role of the judiciary as the only hope to rein in acts of unconstitutional usurpation of power, the book will be essential reading for members of the legal profession, those cherishing democracy as well as students and researchers in constitutional law, law and political science, public international law, international human rights law, international criminal law, regime changes, transitional justice and international organizations.
Searching For Truth In The Transitional Justice Movement
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Author : Jamie Rowen
language : en
Publisher: Cambridge University Press
Release Date : 2017-08-11
Searching For Truth In The Transitional Justice Movement written by Jamie Rowen 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 2017-08-11 with Law categories.
This book re-imagines transitional justice as a movement, and explains why truth commissions are promoted and created. By exploring how the movement developed, as well as efforts to create truth commissions in the Balkans, Colombia, and the US, it examines the processes through which political actors translate transitional justice into political action.
Transitional Justice Theories
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Author : Susanne Buckley-Zistel
language : en
Publisher: Routledge
Release Date : 2013-10-30
Transitional Justice Theories written by Susanne Buckley-Zistel and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-30 with Law categories.
Transitional Justice Theories is the first volume to approach the politically sensitive subject of post-conflict or post-authoritarian justice from a theoretical perspective. It combines contributions from distinguished scholars and practitioners as well as from emerging academics from different disciplines and provides an overview of conceptual approaches to the field. The volume seeks to refine our understanding of transitional justice by exploring often unarticulated assumptions that guide discourse and practice. To this end, it offers a wide selection of approaches from various theoretical traditions ranging from normative theory to critical theory. In their individual chapters, the authors explore the concept of transitional justice itself and its foundations, such as reconciliation, memory, and truth, as well as intersections, such as reparations, peace building, and norm compliance. This book will be of particular interest for scholars and students of law, peace and conflict studies, and human rights studies. Even though highly theoretical, the chapters provide an easy read for a wide audience including readers not familiar with theoretical investigations.
Transitional Justice In The Middle East And North Africa
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Author : Chandra Lekha Sriram
language : en
Publisher:
Release Date : 2017
Transitional Justice In The Middle East And North Africa written by Chandra Lekha Sriram and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Africa, North categories.
This groundbreaking volume explores how post-Arab Spring societies have experienced transitional justice - or not, as the case may be
Retribution And Reparation In The Transition To Democracy
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Author : Jon Elster
language : en
Publisher: Cambridge University Press
Release Date : 2006-05-08
Retribution And Reparation In The Transition To Democracy written by Jon Elster 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 2006-05-08 with Political Science categories.
The contributions in this volume offer a comprehensive analysis of transitional justice from 1945 to the present. They focus on retribution against the leaders and agents of the autocratic regime preceding the democratic transition, and on reparation to its victims. Part I contains general theoretical discussions of retribution and reparation. The essays in Part II survey transitional justice in the wake of World War II, covering Austria, Belgium, Denmark, France, Germany, Hungary, the Netherlands, and Norway. In Part III, the contributors discuss more recent transitions in Argentina, Chile, Eastern Europe, the former German Democratic Republic, and South Africa, including a chapter on the reparation of injustice in some of these transitions. The editor provides a general introduction, brief introductions to each part, and a conclusion that looks beyond regime transitions to broader issues of rectifying historical injustice.
Post Communist Transitional Justice
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Author : Lavinia Stan
language : en
Publisher: Cambridge University Press
Release Date : 2015-02-26
Post Communist Transitional Justice written by Lavinia Stan 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 2015-02-26 with Law categories.
Explores how the former communist regimes of Central and Eastern Europe have grappled with the serious human rights violations of past regimes.