Truth Commissions And Procedural Fairness
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Truth Commissions And Procedural Fairness
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Author : Mark Freeman
language : en
Publisher: Cambridge University Press
Release Date : 2006-08-14
Truth Commissions And Procedural Fairness written by Mark Freeman 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 2006-08-14 with Law categories.
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Truth Commissions And Procedural Fairness
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Author : Mark Freeman
language : en
Publisher: Cambridge University Press
Release Date : 2006-08-14
Truth Commissions And Procedural Fairness written by Mark Freeman 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 2006-08-14 with Political Science categories.
This is the first law book devoted entirely to the subject of truth commissions. The book sets forth standards of procedural fairness aimed at protecting the rights of those who come into contact with truth commissions - primarily victims and their families, witnesses, and perpetrators. The aim of the book is to provide recommended criteria of procedural fairness for five possible components of a truth commission's mandate: the taking of statements, the use of subpoenas, the exercise of powers of search and seizure, the holding of victim-centered public hearings, and the publication of findings of individual responsibility in a final report (sometimes called the issue of 'naming names'). The book draws on the experience of past and present truth commissions, analogous national and multilateral investigative bodies, and international and comparative standards of procedural fairness.
Truth V Justice
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Author : Robert I. Rotberg
language : en
Publisher: Princeton University Press
Release Date : 2010-07-01
Truth V Justice written by Robert I. Rotberg and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-07-01 with Political Science categories.
The truth commission is an increasingly common fixture of newly democratic states with repressive or strife-ridden pasts. From South Africa to Haiti, truth commissions are at work with varying degrees of support and success. To many, they are the best--or only--way to achieve a full accounting of crimes committed against fellow citizens and to prevent future conflict. Others question whether a restorative justice that sets the guilty free, that cleanses society by words alone, can deter future abuses and allow victims and their families to heal. Here, leading philosophers, lawyers, social scientists, and activists representing several perspectives look at the process of truth commissioning in general and in post-apartheid South Africa. They ask whether the truth commission, as a method of seeking justice after conflict, is fair, moral, and effective in bringing about reconciliation. The authors weigh the virtues and failings of truth commissions, especially the South African Truth and Reconciliation Commission, in their attempt to provide restorative rather than retributive justice. They examine, among other issues, the use of reparations as social policy and the granting of amnesty in exchange for testimony. Most of the contributors praise South Africa's decision to trade due process for the kinds of truth that permit closure. But they are skeptical that such revelations produce reconciliation, particularly in societies that remain divided after a compromise peace with no single victor, as in El Salvador. Ultimately, though, they find the truth commission to be a worthy if imperfect instrument for societies seeking to say "never again" with confidence. At a time when truth commissions have been proposed for Bosnia, Kosovo, Cyprus, East Timor, Cambodia, Nigeria, Palestine, and elsewhere, the authors' conclusion that restorative justice provides positive gains could not be more important. In addition to the editors, the contributors are Amy Gutmann, Rajeev Bhargava, Elizabeth Kiss, David A. Crocker, André du Toit, Alex Boraine, Dumisa Ntsebeza, Lisa Kois, Ronald C. Slye, Kent Greenawalt, Sanford Levinson, Martha Minow, Charles S. Maier, Charles Villa-Vicencio, and Wilhelm Verwoerd.
Truth Commissions
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Author : Onur Bakiner
language : en
Publisher: University of Pennsylvania Press
Release Date : 2016-01-15
Truth Commissions written by Onur Bakiner and has been published by University of Pennsylvania Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-15 with Political Science categories.
Onur Bakiner evaluates the success of truth commissions in promoting political, judicial, and social change. He argues that even when commissions produce modest change as a result of political constraints, they open new avenues for human rights activism and transform public discourses on memory, truth, justice, and reconciliation.
Truth Commissions And Criminal Courts
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Author : Alison Bisset
language : en
Publisher: Cambridge University Press
Release Date : 2012-04-16
Truth Commissions And Criminal Courts written by Alison Bisset 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 2012-04-16 with Law categories.
A multi-level analysis of truth commissions and courts in the ICC era.
African Truth Commissions And Transitional Justice
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Author : John Perry
language : en
Publisher: Bloomsbury Publishing PLC
Release Date : 2015-04-22
African Truth Commissions And Transitional Justice written by John Perry and has been published by Bloomsbury Publishing PLC this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-04-22 with Religion categories.
African Truth Commissions and Transitional Justice examines the functioning of truth commissions in Africa, outlining the lessons learned, the best practices, and the successes and failures of seven African truth commissions. Its introduction and conclusion then work further to place truth commissions within the growing academic field of transitional justice. The first African truth commission was convened by the despot Idi Amin for reasons unrelated to the defense of human rights, but despite this ambiguous beginning, other African truth commissions have done important work. The South African Truth and Reconciliation Commission of 1996 has become the ‘gold standard’ for future truth commissions not only in Africa, but throughout the world: it unearthed much truth about the Apartheid era abuse of human rights and took vital first steps towards restorative justice in the Republic. Each truth commission is distinctive. However, although much has been written about South Africa’s truth commissions, much less is known about the other six studied in this book—and an attentive reader will notice the suggestive patterns which emerge.
Commissions Of Inquiry
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Author : Christian Henderson
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-05-18
Commissions Of Inquiry written by Christian Henderson and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-18 with Law categories.
This timely and pertinent collection looks at the variety of questions involved in the operation of Commissions of Inquiry (CoIs). Traditionally existing as pure fact-finding bodies, in recent times the function of CoIs has arguably shifted and broadened so as to provide a form of legal adjudication. This shift in their application merits scrutiny and this edited collection of essays addresses institutional and procedural aspects of CoIs, as well as issues in regards to the application and interpretation of the substantative law applied to them. Essay topics include the relationship of CoIs with, and impact upon, traditional forms of adjudication, the influences of international law upon the work of CoIs, through to issues of procedural fairness. Drawing upon the expertise of scholars working within in the field, it offers an insightful and critical analysis of CoIs.
Impact Legitimacy And Limitations Of Truth Commissions
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Author : Angela D. Nichols
language : en
Publisher: Springer
Release Date : 2019-02-06
Impact Legitimacy And Limitations Of Truth Commissions written by Angela D. Nichols and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-06 with Political Science categories.
This book develops a theoretical understanding of how truth commissions achieve legitimacy and contribute to peace and stability. Angela D. Nichols argues that truth commissions are most likely to impact society when they possess certain institutional characteristics—characteristics that send important political signals to the state and broader society alike. If these signals suggest greater degrees of authority, a break with the past, and transparency in both its investigations and its findings, the truth commission is more likely to impact society. In particular, Nichols examines whether or not states that adopt truth commissions with these characteristics are more likely to respect human rights and experience lower levels of violence. She concludes with an analysis of Colombia’s newly established Truth, Coexistence, and Non-Recurrence Commission.
The Brazilian Truth Commission
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Author : Nina Schneider
language : en
Publisher: Berghahn Books
Release Date : 2019-05-10
The Brazilian Truth Commission written by Nina Schneider and has been published by Berghahn Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-10 with Political Science categories.
Bringing together some of the world’s leading scholars, practitioners, and human-rights activists, this groundbreaking volume provides the first systematic analysis of the 2012–2014 Brazilian National Truth Commission. While attentive to the inquiry’s local and national dimensions, it offers an illuminating transnational perspective that considers the Commission’s Latin American regional context and relates it to global efforts for human rights accountability, contributing to a more general and critical reassessment of truth commissions from a variety of viewpoints.
The United Nations Principles To Combat Impunity
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Author : Frank Haldemann
language : en
Publisher: Oxford University Press
Release Date : 2018
The United Nations Principles To Combat Impunity written by Frank Haldemann 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 2018 with Law categories.
Bringing together leading experts in the field, this volume provides comprehensive academic commentary on the UN Principles to Combat Impunity. The book features the text of each of the 38 Principles, along with a full analysis, detailed commentary, and a guide to relevant literature and case law.