Localizing Transitional Justice


Book Description

Through war crimes prosecutions, truth commissions, purges of perpetrators, reparations, and memorials, transitional justice practices work under the assumptions that truth telling leads to reconciliation, prosecutions bring closure, and justice prevents the recurrence of violence. But when local responses to transitional justice destabilize these assumptions, the result can be a troubling disconnection between international norms and survivors' priorities. Localizing Transitional Justice traces how ordinary people respond to—and sometimes transform—transitional justice mechanisms, laying a foundation for more locally responsive approaches to social reconstruction after mass violence and egregious human rights violations. Recasting understandings of culture and locality prevalent in international justice, this vital book explores the complex, unpredictable, and unequal encounter among international legal norms, transitional justice mechanisms, national agendas, and local priorities and practices.







Localising Memory in Transitional Justice


Book Description

This collection adds to the critical transitional justice scholarship that calls for “transitional justice from below” and that makes visible the complex and oftentimes troubled entanglements between justice endeavours, locality, and memory-making. Broadening this perspective, it explores informal memory practices across various contexts with a focus on their individual and collective dynamics and their intersections, reaching also beyond a conceptualisation of memory as mere symbolic reparation and politics of memory. It seeks to highlight the hidden, unwritten, and multifaceted in today’s memory boom by focusing on the memorialisation practices of communities, activists, families, and survivors. Organising its analytical focal point around the localisation of memory, it offers valuable and new insights on how and under what conditions localised memory practices may contribute to recognition and social transformation, as well as how they may at best be inclusive, or exclusive, of dynamic and diverse memories. Drawing on inter- and multi-disciplinary approaches, this book brings an in-depth and nuanced understanding of local memory practices and the dynamics attached to these in transitional justice contexts. It will be of much interest to students and scholars of memory and genocide studies, peace and conflict studies, transitional justice, sociology, and anthropology.







Theorizing Transitional Justice


Book Description

This book addresses the theoretical underpinnings of the field of transitional justice, something that has hitherto been lacking both in study and practice. With the common goal of clarifying some of the theoretical profiles of transitional justice strategies, the study is organized along crucial intersections evaluating aspects connected to the genealogy, the nature, the scope and the most appropriate methodology for the study of transitional justice. The chapters also take up normative and political considerations pertaining to specific transitional instruments such as war crime tribunals, truth commissions, administrative purges, reparations, and historical commissions. Bringing together some of the most original writings from established experts as well as from promising young scholars in the field, the collection will be an essential resource for researchers, academics and policy-makers in Law, Philosophy, Politics, and Sociology.




Transitional Justice


Book Description

This publication deals with the topic of transitional justice. In six case studies, the authors link theoretical and practical implications in order to develop some innovative approaches. Their proposals might help to deal more effectively with the transition of societies, legal orders and political systems. Young academics from various backgrounds provide fresh insights and demonstrate the relevance of the topic. The chapters analyse transitions and conflicts in Sierra Leone, Argentina, Nicaragua, Nepal, and South Sudan as well as Germany’s colonial genocide in Namibia. Thus, the book provides the reader with new insights and contributes to the ongoing debate about transitional justice. Gegenstand dieser Publikation ist das Thema „Transitional Justice“. In sechs Fallstudien verknüpfen die Autoren theoretische und praktische Implikationen, um innovative Ansätze zu entwickeln. Ihre Vorschläge wollen dazu beitragen, den Übergangsprozess von Gesellschaften, Rechtsordnungen und politischen Systemen effektiver zu gestalten. Nachwuchswissenschaftler mit unterschiedlichem fachlichem Hintergrund geben hier neue Einblicke und zeigen die fortdauernde Relevanz des Themas. Die Kapitel analysieren Übergänge und Konflikte in Sierra Leone, Argentinien, Nicaragua, Nepal und Süd-Sudan sowie den kolonialen Völkermord in Namibia. So liefert das Buch dem Leser neue Erkenntnisse und trägt zur laufenden Debatte über das Thema „Transitional Justice“ bei.




Transitional Justice in Aparadigmatic Contexts


Book Description

This book explores the practical and theoretical opportunities as well as the challenges raised by the expansion of transitional justice into new and ‘aparadigmatic’ cases. The book defines transitional justice as the pursuit of accountability, recognition and/or disruption and applies an actor-centric analysis focusing on justice actors’ intentions of and responses to transitional justice. It offers a typology of different transitional justice contexts ranging from societies experiencing ongoing conflict to consolidated democracies, and includes chapters from all types of aparadigmatic contexts. This covers transitional justice in states with contested political authority, shared political authority, and consolidated political authority. The transitional justice initiatives explored by the wide range of contributors are those of Afghanistan, Belgium, France, Greenland/Denmark, Libya, Syria, Turkey/Kurdistan, UK/Iraq, US, and Yemen. Through these aparadigmatic case studies, the book develops a new framework that, appropriate to its expanding reach, allows us to understand the practice of transitional justice in a more context-sensitive, bottom-up, and actor-oriented way, which leaves room for the complexity and messiness of interventions on the ground. The book will appeal to scholars and practitioners in the broad field of transitional justice, as represented in law, criminology, politics, conflict studies and human rights. The Introduction, Chapter 8 and the Concluding Remarks of this book are freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.




Judging War, Judging History


Book Description

"Pierre Hazan, in a brilliant and erudite book beautifully written, analyzes the fascinating account of the judicial and cultural revolution that started after the end of the Cold War."---Le Monde Diplomatique --




Transitional Justice


Book Description

"This volume ... arose out of the papers and commentaries presented at the annual meeting of the American Society for Legal and Political Philosophy in conjunction with the American Political Science Association meetings in Washington, D.C., in September 2005"--Preface.




Transitional Justice


Book Description

Transitional justice is the way societies that have experienced civil conflict or authoritarian rule and widespread violations of human rights deal with the experience. With its roots in law, transitional justice as an area of study crosses various fields in the social sciences. This book is written with this multi- and inter-disciplinary dynamic of the field in mind. The book presents the broad scope of transitional justice studies through a focus on the theory, mechanisms and debates in the area, covering such topics as: The origin, context and development of transitional justice Victims, victimology and transitional justice Prosecutions for abuses and gross violations of human rights Truth commissions Transitional justice and local justice Gender, political economy and transitional justice Apology, reconciliation and the politics of memory Offering a discussion of the impact and outcomes of transitional justice, this approach provides valuable insight for those who seek both an introduction alongside relatively advanced engagement with the subject. Transitional Justice: Theories, Mechanisms and Debates is an important text for postgraduate and advanced undergraduate students who take courses in transitional justice, human rights and criminal law, as well as a systematic reference text for researchers.