Reframing the Transitional Justice Paradigm


Book Description

This volume explores the evolving and complex memorial consequences of state-sponsored violence in post-dictatorial Argentina. Specifically, it looks at the power and significance of personal emotions and affects in shaping memorial culture. This volume contends that we need to look beyond political and ideological contestations to a deeper level of how memorial cultures are formed and sustained. It argues that we cannot account for the politics of memory in modern-day Argentina without acknowledging and exploring the role played by individual emotions and affects in generating and shaping collective emotions and affects. Drawing from direct testimony from Argentinian women who have experienced political and physical violence, the research in this volume aims at understanding how their memories may be a different source of insight into the deep animosities within and between Argentine memorial cultures. In direct contrast to the nominally objective and universalist sensibility that traditionally has driven transitional justice endeavours, this volume examines how affective memories of trauma are a potentially disruptive power within the reconciliation paradigm—and thus affect should be taken into account when considering transitional justice. Accordingly, Cultures of Remembrance for Women in Post-Dictatorial Argentina is an excellent resource for those interested in human rights, transitional justice, clinical psychology and social work, and Latin American conflicts.




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.




Secret Police Files from the Eastern Bloc


Book Description

New essays exploring the tension between the versions of the past in secret police files and the subjects' own personal memories-and creative workings-through-of events.




Emotions in Late Modernity


Book Description

This international collection discusses how the individualised, reflexive, late modern era has changed the way we experience and act on our emotions. Divided into four sections that include studies ranging across multiple continents and centuries, Emotions in Late Modernity does the following: Demonstrates an increased awareness and experience of emotional complexity in late modernity by challenging the legal emotional/rational divide; positive/negative concepts of emotional valence; sociological/ philosophical/psychological divisions around emotion, morality and gender; and traditional understandings of love and loneliness. Reveals tension between collectivised and individualised-privatised emotions in investigating ‘emotional sharing’ and individualised responsibility for anger crimes in courtrooms; and the generation of emotional energy and achievement emotions in classrooms. Debates the increasing mediation of emotions by contrasting their historical mediation (through texts and bodies) with contemporary digital mediation of emotions in classroom teaching, collective mobilisations (e.g. riots) and film and documentary representations. Demonstrates reflexive micro and macro management of emotions, with examinations of the ‘politics of fear’ around asylum seeking and religious subjects, and collective commitment to climate change mitigation. The first collection to investigate the changing nature of emotional experience in contemporary times, Emotions in Late Modernity will appeal to students and researchers interested in fields such as sociology of emotions, cultural studies, political science and psychology. Chapter 2 of this book is 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.




Peacebuilding in Crisis


Book Description

The 1990s saw a constant increase in international peace missions, predominantly led by the United Nations, whose mandates were more and more extended to implement societal and political transformations in post-conflict societies. However, in many cases these missions did not meet the high expectations and did not acquire a sufficient legitimacy on the local level. Written by leading experts in the field, this edited volume brings together ‘liberal’ and ‘post-liberal’ approaches to peacebuilding. Besides challenging dominant peacebuilding paradigms, the book scrutinizes how far key concepts of post-liberal peacebuilding offer sound categories and new perspectives to reframe peacebuilding research. It thus moves beyond the ‘liberal’–‘post-liberal’ divide and systematically integrates further perspectives, paving the way for a new era in peacebuilding research which is theory-guided, but also substantiated in the empirical analysis of peacebuilding practices. This book will be essential reading for postgraduate students and scholar-practitioners working in the field of peacebuilding. By embedding the subject area into different research perspectives, the book will also be relevant for scholars who come from related backgrounds, such as democracy promotion, transitional justice, statebuilding, conflict and development research and international relations in general.




Transitional Justice and Reconciliation


Book Description

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.




Forensic Science and Humanitarian Action


Book Description

Widens traditional concepts of forensic science to include humanitarian, social, and cultural aspects Using the preservation of the dignity of the deceased as its foundation, Forensic Science and Humanitarian Action: Interacting with the Dead and the Living is a unique examination of the applications of humanitarian forensic science. Spanning two comprehensive volumes, the text is sufficiently detailed for forensic practitioners, yet accessible enough for non-specialists, and discusses both the latest technologies and real-world interactions. Arranged into five sections, this book addresses the ‘management of the dead’ across five major areas in humanitarian forensic science. Volume One presents the first three of these areas: History, Theory, Practice, and Legal Foundation; Basic Forensic Information to Trace Missing Persons; and Stable Isotopes Forensics. Topics covered include: Protection of The Missing and the Dead Under International Law Social, Cultural and Religious Factors in Humanitarian Forensic Science Posthumous Dignity and the Importance in Returning Remains of the Deceased The New Disappeared – Migration and Forensic Science Stable Isotope Analysis in Forensic Anthropology Volume Two covers two further areas of interest: DNA Analysis and the Forensic Identification Process. It concludes with a comprehensive set of case studies focused on identifying the deceased, and finding missing persons from around the globe, including: Forensic Human Identification from an Australian Perspective Skeletal Remains and Identification Processing at the FBI Migrant Deaths along the Texas/Mexico Border Humanitarian Work in Cyprus by The Committee on Missing Persons (CMP) Volcán De Fuego Eruption – Natural Disaster Response from Guatemala Drawing upon a wide range of contributions from respected academics working in the field, Forensic Science and Humanitarian Action is a unique reference for forensic practitioners, communities of humanitarian workers, human rights defenders, and government and non-governmental officials.




From Transitional to Transformative Justice


Book Description

Transitional justice has become the principle lens used by countries emerging from conflict and authoritarian rule to address the legacies of violence and serious human rights abuses. However, as transitional justice practice becomes more institutionalized with support from NGOs and funding from Western donors, questions have been raised about the long-term effectiveness of transitional justice mechanisms. Core elements of the paradigm have been subjected to sustained critique, yet there is much less commentary that goes beyond critique to set out, in a comprehensive fashion, what an alternative approach might look like. This volume discusses one such alternative, transformative justice, and positions this quest in the wider context of ongoing fall-out from the 2008 global economic and political crisis, as well as the failure of social justice advocates to respond with imagination and ambition. Drawing on diverse perspectives, contributors illustrate the wide-ranging purchase of transformative justice at both conceptual and empirical levels.




Guarantees of Non-Repetition in International Human Rights Law and Transitional Justice


Book Description

This book examines the understudied, yet increasingly applied, concept of Guarantees of Non-Repetition under international human rights law and transitional justice. Guarantees of Non-Repetition (GNRs) are measures taken to ensure that human rights abuses do not recur. They are especially crucial in post-war contexts marked by severe and systematic violations. However, although they are increasingly invoked, GNRs are not well understood, and they have so far received only limited theoretical and practical analysis. Tracing their development to the influence of international human rights law, this book considers what GNRs are, how and why they have come about, and how GNRs are implemented. Through an explication of the history, law and jurisprudence of GNR’s – in regional mechanisms in Latin America, Europe, and Asia, as well as in international bodies – the book maintains the increasing importance, and as yet unfulfilled potential, of this legal obligation in transitional justice settings. This first book to analyse the development of GNRs and their application will appeal to scholars in the areas of law and transitional justice, public policy, and socio-legal studies, as well as lawyers and policy-makers working in post-conflict situations.




The Role of International Law in Rebuilding Societies After Conflict


Book Description

The genesis of this book was a workshop entitled 'Empire or Empowerment? The Role of International Law in Building Democracy and Justice after Conflict' held at the Australian National University in Canberra on 9-10 August 2007