Understanding The Age Of Transitional Justice
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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 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 : Gerhard Werle
language : en
Publisher: Springer Nature
Release Date : 2022-09-08
Transitional Justice written by Gerhard Werle and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-08 with Law categories.
The expression “transitional justice” emerged at the end of the Cold War, during the transition from dictatorships to democracies, and serves as a central concept in dealing with systemic injustice. This textbook examines the basic principles of transitional justice and explores its core mechanisms, including prosecutions, amnesties, truth commissions, reparations, and vetting the public service. It elaborates the substance and legal framework of these mechanisms and discusses current challenges. The book provides extensive material illustrating a wide variety of transitional justice situations. “This book summarizes the subjects of transitional justice and Vergangenheitsbewältigung systematically and clearly” (Joachim Gauck, German Federal President, 2012-2017).
Understanding The Age Of Transitional Justice
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Author : Nanci Adler
language : en
Publisher: Rutgers University Press
Release Date : 2018-06-22
Understanding The Age Of Transitional Justice written by Nanci Adler and has been published by Rutgers University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-22 with Law categories.
No detailed description available for "Understanding the Age of Transitional Justice".
The Arts Of Transitional Justice
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Author : Peter D. Rush
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-09-25
The Arts Of Transitional Justice written by Peter D. Rush and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09-25 with Psychology categories.
The Art of Transitional Justice examines the relationship between transitional justice and the practices of art associated with it. Art, which includes theater, literature, photography, and film, has been integral to the understanding of the issues faced in situations of transitional justice as well as other issues arising out of conflict and mass atrocity. The chapters in this volume take up this understanding and its demands of transitional justice in situations in several countries: Afghanistan, Serbia, Srebenica, Rwanda, Northern Ireland, Cambodia, as well as the experiences of resulting diasporic communities. In doing so, it brings to bear the insights from scholars, civil society groups, and art practitioners, as well as interdisciplinary collaborations.
Histories Written By International Criminal Courts And Tribunals
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Author : Aldo Zammit Borda
language : en
Publisher: Springer Nature
Release Date : 2020-12-18
Histories Written By International Criminal Courts And Tribunals written by Aldo Zammit Borda and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-18 with Law categories.
This book argues for a more moderate approach to history-writing in international criminal adjudication by articulating the elements of a “responsible history” normative framework. The question of whether international criminal courts and tribunals (ICTs) ought to write historical narratives has gained renewed relevance in the context of the recent turn to history in international criminal law, the growing attention to the historical legacies of the ad hoc Tribunals and the minimal attention paid to historical context in the first judgment of the International Criminal Court. The starting point for this discussion is that, in cases of mass atrocities, prosecutors and judges are inevitably understood to be engaged in writing history and influencing collective memory, whether or not they so intend. Therefore, while writing history is an inescapable feature of ICTs, there is still today a significant lack of consensus over the proper place of this function. Since Hannah Arendt articulated her doctrine of strict legality, in response to the prosecutor’s expansive didactic approach in Eichmann, the legal debate on the subject has been largely polarised between restrictive and expansive approaches to history-writing in mass atrocity trials. What has been noticeably missing from this debate is the middle ground. The contribution this book seeks to make is precisely to articulate a framework that occupies that ground. The book asks: what are the lenses through which judges of ICTs interpret historical events, what kind of histories do ICTs write? and what kinds of histories should ICTs produce? Its arguments for a more moderate approach to history-writing are based on three distinct, but interrelated grounds: (1) Truth and Justice; (2) Right to Truth; and (3) Legal Epistemology. Different target audiences may benefit from this book. Court officials and legal practitioners may find the normative framework developed herein useful in addressing the tensions between the competing objectives of ICTs and, in particular, in assessing the value of the history-writing function. Lawyers, historians and other academics may also find the analysis of the strengths, constraints and blind spots of the historical narratives written by ICTs interesting. This issue is particularly timely in view of current debates on the legacies of ICTs. Aldo Zammit Borda is Director of the Centre for Access to Justice and Inclusion at Anglia Ruskin University, Cambridge, UK.
Globalizing Transitional Justice
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Author : Ruti G. Teitel
language : en
Publisher: Oxford University Press
Release Date : 2014
Globalizing 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 2014 with Law categories.
Among the most prominent and significant political and legal developments since the end of the Cold War is the proliferation of mechanisms for addressing the complex challenges of transition from authoritarian rule to human rights-based democratic constitutionalism, particularly with regards to the demands for accountability in relation to conflicts and abuses of the past. Ruti G. Teitel provides a collection of her own essays that embody her evolving reflections on the practice and discourse of transitional justice.
Transitional Justice In Italy And The Crimes Of Fascism And Nazism
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Author : Paolo Caroli
language : en
Publisher: Taylor & Francis
Release Date : 2022-06-09
Transitional Justice In Italy And The Crimes Of Fascism And Nazism written by Paolo Caroli and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-06-09 with History categories.
This book presents a comprehensive analysis of the Italian experience of transitional justice examining how the crimes of Fascism and World War II have been dealt with from a comparative perspective. Applying an interdisciplinary and comparative methodology, the book offers a detailed reconstruction of the prosecution of the crimes of Fascism and the Italian Social Republic as well as crimes committed by Nazi soldiers against Italian civilians and those of the Italian army against foreign populations. It also explores the legal qualification and prosecution of the actions of the Resistance. Particular focus is given to the Togliatti amnesty, the major turning point, through comparisons to the wider European post-WWII transitional scenario and other relevant transitional amnesties, allowing consideration of the intense debate on the legitimacy of amnesties under international law. The book evaluates the Italian experience and provides an ideal framework to assess the complexity of the interdependencies between time, historical memory and the use of criminal law. In a historical moment marked by the resurgence of racism, neo-Fascism, falsifications of the past, as well as the desire to amend the faults of the past, the Italian unfinished experience of dealing with the Fascist era can help move the discussion forward. The book will be an essential reading for students, researchers and academics in International Criminal Law, Transitional Justice, History, Memory Studies and Political Science.
Understanding The Age Of Transitional Justice
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Author : Nanci Adler
language : en
Publisher: Rutgers University Press
Release Date : 2018-06-22
Understanding The Age Of Transitional Justice written by Nanci Adler and has been published by Rutgers University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-22 with Law categories.
Since the 1980s, an array of legal and non-legal practices—labeled Transitional Justice—has been developed to support post-repressive, post-authoritarian, and post-conflict societies in dealing with their traumatic past. In Understanding the Age of Transitional Justice, the contributors analyze the processes, products, and efficacy of a number of transitional justice mechanisms and look at how genocide, mass political violence, and historical injustices are being institutionally addressed. They invite readers to speculate on what (else) the transcripts produced by these institutions tell us about the past and the present, calling attention to the influence of implicit history conveyed in the narratives that have gained an audience through international criminal tribunals, trials, and truth commissions. Nanci Adler has gathered leading specialists to scrutinize the responses to and effects of violent pasts that provide new perspectives for understanding and applying transitional justice mechanisms in an effort to stop the recycling of old repressions into new ones.
Documentation From Truth And Reconciliation Commissions
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Author : Proscovia Svärd
language : en
Publisher: Taylor & Francis
Release Date : 2024-08-12
Documentation From Truth And Reconciliation Commissions written by Proscovia Svärd and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-08-12 with Language Arts & Disciplines categories.
Documentation from Truth and Reconciliation Commissions highlights the need for post-conflict societies to have access to - and to use – Truth Reconciliation Commissions (TRCs’) documentation to achieve reconciliation and to work towards a democratic society. Including international contributions from a range of disciplines, the volume discusses the challenges that surround TRCs’ documentation. Considering the impact of the politicization of documentation, chapters also highlight the lack of political will to democratize information, the lack of dissemination and the preservation infrastructures that hinder access and its effective use and re-use. Arguing that TRCs’ documentation should be used to inform policy, improve governance and to promote justice, healing and reconciliation, the volume considers the ethical challenges involved in disseminating such information. Contributing authors argue that information professionals should play a major role in the planning for the TRCs’ information management infrastructures, if they are to facilitate access, effectively manage the generated documentation, deal with preservation of the compound records and promote the dissemination of the TRC findings. Documentation from Truth and Reconciliation Commissions demonstrates that TRCs’ documentation provides validation of human rights violations and that it helps to promote an understanding of the causes of conflict. As such, it will be essential reading for academics and students working in Archival Studies, Information Science, History, Transitional Justice, and Peace and Conflict Studies