Transitional Justice and Reconciliation

Author: Martina Fischer
Publisher: Routledge
ISBN: 1317529553
Format: PDF, Docs
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Scholars and practitioners alike agree that somehow the past needs to be addressed in order to enable individuals and collectives to rebuild trust and relationships. However, they also continue to struggle with critical questions. When is the right moment to address the legacies of the past after violent conflict? How can societies address the past without deepening the pain that arises from memories related to the violence and crimes committed in war? How can cultures of remembrance be established that would include and acknowledges the victims of all sides involved in violent conflict? How can various actors deal constructively with different interpretations of facts and history? Two decades after the wars, societies in Bosnia, Serbia and Croatia – albeit to different degrees – are still facing the legacies of the wars of the 1990s on a daily basis. Reconciliation between and within these societies remains a formidable challenge, given that all three countries are still facing unresolved disputes either at a cross-border level or amongst parallel societies that persist at a local community level. This book engages scholars and practitioners from the regions of former Yugoslavia, as well as international experts, to reflect on the achievements and obstacles that characterise efforts to deal with the past. Drawing variously on empirical studies, theoretical discussions, and practical experience, their contributions offer invaluable insights into the complex relationship between transitional justice and conflict transformation.

Restoring Justice and Security in Intercultural Europe

Author: Brunilda Pali
Publisher: Routledge
ISBN: 1317310020
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The intercultural contexts and new configurations in Europe offer fertile ground for social conflict, tensions and threat. This book challenges predominant and fear inducing approaches of justice and security as they appear in intercultural contexts, and develops alternative understandings by exploring both theoretically and empirically the potential of dialogic and restorative justice oriented actions in sensitive areas of living together. The book offers unique opportunities for rethinking frames of (in)justice, (in)security, and their intersections, and for reshaping European practices and policies in a more sustainable way. This book is based on an innovative and exploratory action research project in four European countries, which challenges the obsessive focus on security concerns, the merging of the security discourse with intercultural contexts, and the emphasis on technology and surveillance as a way to conceive the doing of security. Both the project and the book offer another vision on what security means and how it can be done, by multiplying participatory encounters between different groups in society, promoting opportunities for deliberations and dialogue about alternative forms of conviviality. The book is one of two volumes resulting from the work by a group of researchers in six European countries having cooperated intensively during four years in ALTERNATIVE, an action research project funded under the EU Seventh Framework Programme.

Transitional Justice International Assistance and Civil Society

Author: Paige Arthur
Publisher: Cambridge University Press
ISBN: 1316731251
Format: PDF, ePub, Mobi
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In recent years, transitional justice has become increasingly international in its scope. Due to ongoing animosities, lack of political will, and the absence of credible governing or judicial institutions, international organizations, donors, and NGOs advocate for transitional justice initiatives like truth commissions or special tribunals - alongside national actors, like civil society and victims groups. This book examines how international assistance affects transitional justice, and where power truly lies in making decisions about justice for victims of massive human rights abuse. The book finds that government donors typically lack strategies for transitional justice, they struggle with information deficits, and they are constrained by short-term approaches that do not give enough attention to what is often a weak and divided civil society sector. All the authors have both practical and scholarly perspectives on transitional justice. Country case studies are provided, including descriptions of the challenges in developing data on transitional justice financing.

Traditional Justice and Reconciliation After Violent Conflict

Author: Lucien Huyse
Publisher: International IDEA
ISBN: 9789185724284
Format: PDF, Kindle
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This book presents the findings of a major comparative study examining the role played by traditional justice mechanisms in dealing with the legacy of violent conflict in Africa. It focuses on case studies of five countries -- Rwanda, Mozambique, Uganda, Sierra Leone and Burundi - that are used as the basis for outlining conclusions and options for future policy development in the related areas of post-conflict reconstruction, democracy building and development. "Traditional Justice & Reconciliation After Violent Conflict" suggests that in some circumstances traditional mechanisms can effectively complement conventional judicial systems and represent a real potential for promoting justice, reconciliation and a culture of democracy. At the same time it cautions against unrealistic expectations of traditional structures and offers a sober, evidence-based assessment of both the strengths and the weaknesses of traditional conflict management mechanisms within the broader framework of post-conflict social reconstruction efforts. The book is intended to serve both as a general knowledge resource and as a practitioner's guide for national bodies seeking to employ traditional justice mechanisms, as well as external agencies aiming to support such processes.

Rape Sexual Violence and Transitional Justice Challenges

Author: Janine Natalya Clark
Publisher: Routledge
ISBN: 1351718576
Format: PDF, Docs
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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.

Post Communist Transitional Justice

Author: Lavinia Stan
Publisher: Cambridge University Press
ISBN: 1316272664
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Taking stock of the twenty-fifth anniversary of the collapse of the communist regimes of Central and Eastern Europe, this volume explores how these societies have grappled with the serious human rights violations of past regimes. It focuses on the most important factors that have shaped the nature, speed, and sequence of transitional justice programs in the period spanning the revolutions that brought about the collapse of the communist dictatorships and the consolidation of new democratic regimes. Contributors explain why leaders made certain choices, discuss the challenges they faced, and explore the role of under-studied actors and grassroots strategies. Written by recognized experts with an unparalleled grasp of the region's communist and post-communist reality, this volume addresses far-reaching reckoning, redress, and retribution policy choices. It is an engaging, carefully crafted volume, which covers a wide variety of cases and discusses key transitional justice theories using both qualitative and quantitative research methods.

Historical Justice and Memory

Author: Klaus Neumann
Publisher: University of Wisconsin Pres
ISBN: 0299304647
Format: PDF, ePub
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Historical Justice and Memory highlights the global movement for historical justice—acknowledging and redressing historic wrongs—as one of the most significant moral and social developments of our times. Such historic wrongs include acts of genocide, slavery, systems of apartheid, the systematic persecution of presumed enemies of the state, colonialism, and the oppression of or discrimination against ethnic or religious minorities. The historical justice movement has inspired the spread of truth and reconciliation processes around the world and has pushed governments to make reparations and apologies for past wrongs. It has changed the public understanding of justice and the role of memory. In this book, leading scholars in philosophy, history, political science, and semiotics offer new essays that discuss and assess these momentous global developments. They evaluate the strength and weaknesses of the movement, its accomplishments and failings, its philosophical assumptions and social preconditions, and its prospects for the future.

Rethinking Peacebuilding

Author: Karin Aggestam
Publisher: Routledge
ISBN: 0415525039
Format: PDF
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This book presents new theoretical and conceptual perspectives on the problematique of building just and durable peace. Linking peace and justice has sparked lively debates about the dilemmas and trade-offs in several contemporary peace processes. Despite the fact that justice and peace are commonly referred to there is surprisingly little research and few conceptualizations of the interplay between the two. This edited volume is the result of three years of collaborative research and draws upon insights from such disciplines as peace and conflict, international law, political science and international relations. It contains policy-relevant knowledge about effective peacebuilding strategies, as well as an in-depth analysis of the contemporary peace processes in the Middle East and the Western Balkans. Using a variety of theoretical perspectives and empirical approaches, the work makes an original contribution to the growing literature on peacebuilding. This book will be of much interest to students of peacebuilding, peace and conflict studies, Middle Eastern Politics, European Politics and IR/Security Studies.

Transitional Justice Theories

Author: Susanne Buckley-Zistel
Publisher: Routledge
ISBN: 1135055068
Format: PDF, ePub, Docs
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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.