Beyond Impunity


Book Description

This comprehensive, compelling, accessible and timely volume should be compulsory reading to academics, policy makers, social activists, and the general public in Malawi and elsewhere on the continent. The accounts the authors present of the pervasive dysfunctions of Malawi's troubled experiment with multiparty democracy since the mid-1990s, and the endlessly deferred dreams of development, are often dispiriting. Yet, their bleak diagnoses are often accompanied by ameliorative prescriptions that are simultaneously bold and pragmatic. The book exudes a sense of hope that the struggles for a better future will continue. In itself the book represents a testament to the possibilities of the country's democratic dispensation, the need to unflinchingly confront the country's debilitating political and socioeconomic pathologies. Such a text would have been unthinkable during the dictatorship of the founding president, Dr. Hastings Kamuzu Banda.




In Plain Sight


Book Description

Following a 1932 coup d’état in Thailand that ended absolute monarchy and established a constitution, the Thai state that emerged has suppressed political dissent through detention, torture, forced reeducation, disappearances, assassinations, and massacres. In Plain Sight shows how these abuses, both hidden and occurring in public view, have become institutionalized through a chronic failure to hold perpetrators accountable. Tyrell Haberkorn’s deeply researched revisionist history of modern Thailand highlights the legal, political, and social mechanisms that have produced such impunity and documents continual and courageous challenges to state domination.




Patterns of Impunity


Book Description

As the U.S. special envoy for North Korean human rights from 2009 to 2017, Ambassador Robert R. King led efforts to ensure that human rights were an integral part of U.S. policy with North Korea. In Patterns of Impunity, he traces U.S. involvement and interest in North Korean human rights, from the adoption of the North Korean Human Rights Act in 2004--legislation which King himself was involved in and which called for the creation of the special envoy position--to his own negotiations with North Korean diplomats over humanitarian assistance, discussions that would ultimately end because of the death of Kim Jong-il and Kim Jong-un's ascension as Supreme Leader, as well as continued nuclear and missile testing. Beyond an in-depth overview of his time as special envoy, Ambassador King provides insights into the United Nations' role in addressing the North Korean human rights crisis, including the UN Human Rights Council's creation of the UN Commission of Inquiry on Human Rights in the DPRK in 2013-14, and discussions in the Security Council on North Korea human rights. King explores subjects such as the obstacles to getting outside information to citizens of one of the most isolated countries in the world; the welfare of DPRK defectors, and how China has both abetted North Korea by returning refugees and enabled the problem of human trafficking; the detaining of U.S. citizens in North Korea and efforts to free them, including King's escorting U.S. citizen Eddie Jun back from Pyongyang in 2011; and the challenges of providing humanitarian assistance to a country with no formal relations with the United States and where separating human rights from politics is virtually impossible.




Between Impunity and Imperialism


Book Description

This book uses a series of high-profile cases to illustrate the key elements of transnational bribery law. It analyzes the law through the lenses of two competing theoretical approaches: the OECD paradigm and the anti-imperialist critique. It ultimately defends an alternative distinctively inclusive and experimentalist approach to transnational bribery law.




Beyond Retribution


Book Description

Recently a growing number of Christians have actively promoted the concept of "restorative justice" and attempted to develop programs for dealing with crime based on restorative principles. But is this approach truly consistent with the teaching of Scripture? To date, very little has been done to test this claim. Beyond Retribution fills a gap by plumbing the New Testament on the topics of crime, justice, and punishment. Christopher Marshall first explores the problems involved in applying ethical teachings from the New Testament to mainstream society. He then surveys the extent to which the New Testament addresses criminal justice issues, looking in particular at the concept of the justice of God in the teachings of Paul and Jesus. He also examines the topic of punishment, reviewing the debate in social thinking over the ethics and purpose of punishment -- including capital punishment -- and he advocates a new concept of "restorative punishment." The result of this engaging work is a biblically based challenge to imitate the way of Christ in dealing with both victims and offenders. - Publisher




Anti-Impunity and the Human Rights Agenda


Book Description

This volume presents and critiques the distorted effects of the international human rights movement's focus on the fight against impunity.




Beyond the Law's Reach?


Book Description

Beyond the Law's Reach? argues that fundamental assumptions in contemporary political philosophy need to be rethought in the face of pervasive political violence. At an applied level, Nili develops this claim by delving into a series of specific controversies, all revolving around affluent democracies' policy responses to the threat of pervasive violence abroad. Examples include the ethics of giving refuge to beleaguered autocrats to avert civil war in their country, the ethics of prosecuting foreign officials who have colluded with drug cartels, and the admission of oligarchs who acquired their riches by distorting their country's rule of law. At a more theoretical level, the book shows that the moral principles needed to adjudicate these particular controversies can illuminate broader issues in normative political theory. These range from the philosophy of criminal punishment, through the relationship between the law's letter and its spirit, to the general plausibility of certain moral theories (and meta-theories) as public policy guides. Ranging from influential theories of justice to some of the hardest moral dilemmas facing communities and leaders struggling with the shadow of violence, this book explores the difficult circumstances in which we must aside not just the assumption of a stable liberal democracy, but even the dream of a clear path towards such democracy.




Beyond Transitional Justice


Book Description

Beyond Transitional Justice reflects upon the state of the field (or non-field) of transitional justice in the current conjuncture, as well as identifying new possibilities and challenges in the fields with which transitional justice overlaps (such as human rights, peacebuilding, and development). Chapters intervene at the cutting edge of contemporary transitional justice research, addressing key theoretical and empirical questions and covering critical, international, interdisciplinary, theoretical, and practice-oriented content. In particular, the notion of transformative justice is discussed in light of the emerging scholarship defining and applying this concept as either an approach within or an alternative to transitional justice. The book considers the extent to which transformative justice as a concept adds value to scholarship on transitional justice and related areas and asks what the future might hold for this area as a field – or non-field. A timely intervention, Beyond Transitional Justice is ideal reading for scholars and students in the fields of human rights, peace and conflict studies, international law, critical legal theory, development studies, criminology, and victimology.




Law, Politics and the Limits of Prosecuting Mass Atrocity


Book Description

This book offers a unique and powerful critique of the quest for international criminal justice. It explores the efforts of three successive generations of international prosecutors, recognising the vital roles they play in the enforcement of international criminal law. By critically examining prosecutorial performance during the pre-trial and trial phases, the volume argues that these prosecutors are simultaneously political actors serving in the interests of economic liberalisation. It also posits that international prosecutors help wage a mostly silent and largely unacknowledged politico-cultural war fought for control over the institutions governing modernist international affairs. As the author contends, international prosecutors are thus best understood as agents not only of the law and politics, but also of a war fought by proponents of various utopian projects.




Beyond the Usual Beating


Book Description

The malign and long-lasting influence of Chicago police commander Jon Burge cannot be overestimated, particularly as fresh examples of local and national criminal-justice abuse continue to surface with dismaying frequency. Burge’s decades-long tenure on the Chicago police force was marked by racist and barbaric interrogation methods, including psychological torture, burnings, and mock executions—techniques that went far “beyond the usual beating.” After being exposed in 1989, he became a symbol of police brutality and the unequal treatment of nonwhite people, and the persistent outcry against him led to reforms such as the abolition of the death penalty in Illinois. But Burge hardly developed or operated in a vacuum, as Andrew S. Baer explores to stark effect here. He identifies the darkness of the Burge era as a product of local social forces, arising from a specific milieu beyond the nationwide racialized reactionary fever of the 1960s and 1970s. Similarly, the popular resistance movements that rallied in his wake actually predated Burge’s exposure but cohered with unexpected power due to the galvanizing focus on his crimes and abuses. For more than thirty years, a shifting coalition including torture survivors, their families, civil rights attorneys, and journalists helped to corroborate allegations of violence, free the wrongfully convicted, have Burge fired and incarcerated, and win passage of a municipal reparations package, among other victories. Beyond the Usual Beating reveals that though the Burge scandal underscores the relationship between personal bigotry and structural racism in the criminal justice system, it also shows how ordinary people held perpetrators accountable in the face of intransigent local power.