After Violence

Author: Elin Skaar
Publisher: Routledge
ISBN: 9781317696919
Release Date: 2015-04-17
Genre: Law

After Violence: Transitional Justice, Peace, and Democracy examines the effects of transitional justice on the development of peace and democracy. Anticipated contributions of transitional justice mechanisms are commonly stated in universal terms, with little regard for historically specific contexts. Yet a truth commission, for example, will not have the same function in a society torn by long-term civil war or genocide as in a society emerging from authoritarian repression. Addressing trials, reparations, truth commissions, and amnesties, the book systematically addresses the experiences of four very different contemporary transitional justice cases: post-authoritarian Uruguay and Peru and post-conflict Rwanda and Angola. Its analysis demonstrates that context is a crucial determinant of the impact of transitional justice processes, and identifies specific contextual obstacles and limitations to these processes. The book will be of much interest to scholars in the fields of transitional justice and peacebuilding, as well as students generally concerned with human rights and democratisation.

Truth Recovery and Transitional Justice

Author: Iosif Kovras
Publisher: Routledge
ISBN: 9781136186851
Release Date: 2014-05-16
Genre: Political Science

This book investigates why some societies defer transitional justice issues after successful democratic consolidation. Despite democratisation, the exhumation of mass graves containing the victims from the violence in Cyprus (1963-1974) and the Spanish civil war (1936-1939) was delayed until the early 2000s, when both countries suddenly decided to revisit the past. Although this contradicts the actions of other countries such as South Africa, Bosnia, and Guatemala where truth recovery for disappeared/missing persons was a central element of the transition to peace and democracy, Cyprus and Spain are not alone: this is an increasing trend among countries trying to come to terms with past violence. Truth Recovery and Transitional Justice considers the case studies of Spain and Cyprus and explores three interrelated issues. First, the book examines which factors can explain prolonged silence on the issue of missing persons in transitional settings. It then goes on to explore the transformation of victims’ groups from opponents of truth recovery to vocal pro-reconciliation pressure groups, and examines the circumstances in which it is better to tie victims’ rights to an overall political settlement. Finally, the author goes on to compare Spain and Cyprus with Greece- a country that remains resistant to post-transitional justice norms. This book will be of interest to students of transitional justice, human rights, peace and conflict studies and security studies in general.

Transitional Justice in Latin America

Author: Elin Skaar
Publisher: Routledge
ISBN: 9781317526209
Release Date: 2016-10-27
Genre: Law

This book addresses current developments in transitional justice in Latin America – effectively the first region to undergo concentrated transitional justice experiences in modern times. Using a comparative approach, it examines trajectories in truth, justice, reparations, and amnesties in countries emerging from periods of massive violations of human rights and humanitarian law. The book examines the cases of Argentina, Brazil, Chile, Colombia, Guatemala, El Salvador, Paraguay, Peru and Uruguay, developing and applying a common analytical framework to provide a systematic, qualitative and comparative analysis of their transitional justice experiences. More specifically, the book investigates to what extent there has been a shift from impunity towards accountability for past human rights violations in Latin America. Using ‘thick’, but structured, narratives – which allow patterns to emerge, rather than being imposed – the book assesses how the quality, timing and sequencing of transitional justice mechanisms, along with the context in which they appear, have mattered for the nature and impact of transitional justice processes in the region. Offering a new approach to assessing transitional justice, and challenging many assumptions in the established literature, this book will be of enormous benefit to scholars and others working in this area.

Transitional Justice and Education

Author: Clara Ramírez-Barat
Publisher: Advancing Transitional Justice
ISBN: 0911400036
Release Date: 2016-06-08
Genre: Education

?After periods of conflict and authoritarianism, educational institutions often need to be reformed or rebuilt. But in settings where education has been used to support repressive policies and human rights violations, or where conflict and abuses have resulted in lost educational opportunities, legacies of injustice may pose significant challenges to effective reform. Peacebuilding and development perspectives, which normally drive the reconstruction agenda, pay little attention to the violent past. Transitional Justice and Education: Learning Peace presents the findings of a research project of the International Center for Transitional Justice on the relationship between transitional justice and education in peacebuilding contexts. The book examines how transitional justice can shape the reform of education systems by ensuring programs are sensitive to the legacies of the past, how it can facilitate the reintegration of children and youth into society, and how education can engage younger generations in the work of transitional justice.

Transitional Justice and Peacebuilding on the Ground

Author: Chandra Lekha Sriram
Publisher: Routledge
ISBN: 9780415637596
Release Date: 2013
Genre: History

Présentation de l'éditeur : "This book seeks to refine our understanding of transitional justice and peacebuilding, and long-term security and reintegration challenges after violent conflicts. As recent events following political change during the so-called 'Arab Spring' demonstrate, demands for accountability often follow or attend conflict and political transition. While, traditionally, much literature and many practitioners highlighted tensions between peacebuilding and justice, recent research and practice demonstrates a turn away from the supposed 'peace vs justice' dilemma. This volume examines the complex, often contradictory but sometimes complementary relationship between peacebuilding and transitional justice through the lenses of the increased emphasis on victim-centred approaches to justice and the widespread practices of disarmament, demobilization, and reintegration (DDR) of excombatants. While recent volumes have sought to address either DDR or victim-centred approaches to justice, none has sought to make connections between the two, much less to place them in the larger context of the increasing linkages between transitional justice and peacebuilding . This book will be of much interest to students of transitional justice, peacebuilding, human rights, war and conflict studies, security studies and IR."

Truth Justice and Reconciliation in Colombia

Author: Fabio Andres Diaz Pabon
Publisher: Routledge
ISBN: 9781351373685
Release Date: 2018-05-11
Genre: Political Science

The signing of the peace agreements between the FARC-EP and the Colombian Government in late November 2016 has generated new prospects for peace in Colombia, opening the possibility of redressing the harm inflicted on Colombians by Colombians. Talking about peace and transitional justice requires us to think about how to operationalize peace agreements to promote justice and coexistence for peace. This volume brings together reflections by Colombian academics and practitioners alongside pieces provided by researchers and practitioners in other countries where transitional justice initiatives have taken place (Bosnia and Herzegovina, South Africa, Sri Lanka and Peru). This volume has been written in the south, by the south, for the south. The book engages with the challenges ahead for the coming generations of Colombians. Rivers of ink have dealt with the end goals of transitional justice, but victims require us to take the quest for human rights beyond the normative realm of theorizing justice and into the practical realm of engaging how to implement justice initiatives. The tension between theory—the legislative frameworks guaranteeing human rights—and practice—the realization of these ideas—will frame Colombia’s success (or failure) in consolidating the implementation of the peace agreements with the FARC-EP.

Violence Law and the Impossibility of Transitional Justice

Author: Catherine Turner
Publisher: Routledge
ISBN: 9781317441403
Release Date: 2016-07-07
Genre: Political Science

The field of transitional justice has expanded rapidly since the term first emerged in the late 1990s. Its intellectual development has, however, tended to follow practice rather than drive it. Addressing this gap, Violence, Law and the Impossibility of Transitional Justice pursues a comprehensive theoretical inquiry into the foundation and evolution of transitional justice. Presenting a detailed deconstruction of the role of law in transition, the book explores the reasons for resistance to transitional justice. It explores the ways in which law itself is complicit in perpetuating conflict, and asks whether a narrow vision of transitional justice – underpinned by a strictly normative or doctrinal concept of law – can undermine the promise of justice. Drawing on case material, as well as on perspectives from a range of disciplines, including law, political science, anthropology and philosophy, this book will be of considerable interest to those concerned with the theory and practice of transitional justice.

Rape Sexual Violence and Transitional Justice Challenges

Author: Janine Natalya Clark
Publisher: Routledge
ISBN: 9781351718578
Release Date: 2017-09-01
Genre: Law

It is estimated that 20,000 people were subjected to rape and other forms of sexual violence during the 1992–1995 Bosnian war. Today, these men and women have been largely forgotten. Where are they now? To what extent do their experiences continue to affect and influence their lives, and the lives of those around them? What are the principal problems that these individuals face? Such questions remain largely unanswered. More broadly, the long-term consequences of conflict-related rape and sexual violence are often overlooked. Based on extensive interviews with male and female survivors from all ethnic groups in Bosnia-Herzegovina (BiH), this interdisciplinary book addresses a critical gap in the current literature on rape and sexual violence in conflict situations. In so doing, it uniquely situates and explores the legacy of these crimes within a transitional justice framework. Demonstrating that transitional justice processes in BiH have neglected the long-term effects of rape and sexual violence, it develops and operationalizes a new holistic approach to transitional justice that is based on an expanded conception of ‘legacy’ and has a wider application beyond BiH.

Transitional Justice in Latin America

Author: Elin Skaar
Publisher: Routledge
ISBN: 9781317526209
Release Date: 2016-10-27
Genre: Law

This book addresses current developments in transitional justice in Latin America – effectively the first region to undergo concentrated transitional justice experiences in modern times. Using a comparative approach, it examines trajectories in truth, justice, reparations, and amnesties in countries emerging from periods of massive violations of human rights and humanitarian law. The book examines the cases of Argentina, Brazil, Chile, Colombia, Guatemala, El Salvador, Paraguay, Peru and Uruguay, developing and applying a common analytical framework to provide a systematic, qualitative and comparative analysis of their transitional justice experiences. More specifically, the book investigates to what extent there has been a shift from impunity towards accountability for past human rights violations in Latin America. Using ‘thick’, but structured, narratives – which allow patterns to emerge, rather than being imposed – the book assesses how the quality, timing and sequencing of transitional justice mechanisms, along with the context in which they appear, have mattered for the nature and impact of transitional justice processes in the region. Offering a new approach to assessing transitional justice, and challenging many assumptions in the established literature, this book will be of enormous benefit to scholars and others working in this area.

EU Foreign Policy Transitional Justice and Mediation

Author: Laura Davis
Publisher: Routledge
ISBN: 9781317750109
Release Date: 2014-07-11
Genre: Political Science

This book analyses how the European Union translates its principles of peace and justice into policy and puts them into practice, particularly in societies in or emerging from violent conflict. The European Union treaty states that in its relations with the wider world, the EU is to promote peace, security, the protection of human rights, and the strict observance and the development of international law. The EU is active in peace processes around the world, yet its role in international peace mediation is largely ignored. This book offers the first scholarly analysis of how the EU engages in peace processes and justice for human rights violations, focussing on the point where mediation and transitional justice intersect. Drawing on extensive fieldwork, the book includes case studies of how the EU sought to promote peace and justice in the Democratic Republic of Congo (DRC), how it supports international justice through the International Criminal Court, and a model of the EU as a mediator. These provide an evidence-base for policy makers and practitioners as well as strong empirical contributions to theory. The book addresses whether and how the EU pursues its principles of both peace and justice in conflict zones, where, in practice, these principles may be in conflict, and the implications of these findings for understanding EU foreign policy and the EU as a security actor. This book will be of much interest to students of EU foreign policy, transitional justice, peace and conflict studies and security studies.

Transitional Justice

Author: Neil J. Kritz
Publisher: US Institute of Peace Press
ISBN: 1878379445
Release Date: 1995
Genre: Law

Examines more than 20 transitions from World War II to the present, including the denazification programs of the 1950s, democratic transformations in southern Europe in the mid '70s and Latin America in the '80s, and decommunization efforts in the '90s.

Transitional Justice Theories

Author: Susanne Buckley-Zistel
Publisher: Routledge
ISBN: 9781135055066
Release Date: 2013-10-30
Genre: Law

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.

Handbook of Research on Transitional Justice and Peace Building in Turbulent Regions

Author: Cante, Fredy
Publisher: IGI Global
ISBN: 9781466696761
Release Date: 2015-12-17
Genre: Political Science

In the era of globalization, awareness surrounding issues of violence and human rights violations has reached an all-time high. In a world where billions of human beings have the potential to create endless destruction, these same individuals are capable of working cooperatively to create adequate solutions to current global problems. The Handbook of Research on Transitional Justice and Peace Building in Turbulent Regions focuses on current issues facing nations and regions where poverty and conflict are endangering the lives of citizens as well as the socio-economic viability of those regions. Highlighting crucial topics and offering potential solutions to problems relating to domestic and international conflict, societal safety and security, as well as political instability, this comprehensive publication is designed to meet the research needs of economists, social theorists, politicians, policy makers, human rights activists, researchers, and graduate-level students across disciplines.

Amnesties Pardons and Transitional Justice

Author: Roldan Jimeno
Publisher: Routledge
ISBN: 9781351608619
Release Date: 2017-09-07
Genre: Law

In a consolidated democracy, amnesties and pardons do not sit well with equality and a separation of powers; however, these measures have proved useful in extreme circumstances, such as transitions from dictatorships to democracies, as has occurred in Greece, Portugal and Spain. Focusing on Spain, this book analyses the country's transition, from the antecedents from 1936 up to the present, within a comparative European context. The amnesties granted in Greece, Portugal and Spain saw the release of political prisoners, but in Spain amnesty was also granted to those responsible for the grave violations of human rights which had been committed for 40 years. The first two decades of the democracy saw copious normative measures that sought to equate the rights of all those who had benefitted from the amnesty and who had suffered or had been damaged by the civil war. But, beyond the material benefits that accompanied it, this amnesty led to a sort of wilful amnesia which forbade questioning the legacy of Francoism. In this respect, Spain offers a useful lesson insofar as support for a blanket amnesty – rather than the use of other solutions within a transitional justice framework, such as purges, mechanisms to bring the dictatorship to trial for crimes against humanity, or truth commissions – can be traced to a relative weakness of democracy, and a society characterised by the fear of a return to political violence. This lesson, moreover, is framed here against the background of the evolution of amnesties throughout the twentieth century, and in the context of international law. Crucially, then, this analysis of what is now a global reference point for comparative studies of amnesties, provides new insights into the complex relationship between democracy and the varying mechanisms of transitional justice.