Defendants and Victims in International Criminal Justice


Book Description

This volume considers a variety of key issues pertaining to the rights of defendants and victims at International Criminal Courts (ICTs) and explores how best to balance and enhance the rights of both in order to ensure the effectiveness and efficiency of international criminal proceedings. The rights of victims are becoming an increasingly important issue at ICTs. Yet, at the same time, this has to be achieved without having a detrimental impact upon on the rights of the defence and the efficiency of the courts. This book provides analyses of issues on the rights of both the accused and the victims. By discussing matters concerning these two pivotal actors in international criminal justice within the same volume, the work highlights that there are intrinsic and intense conflicting and converging relationships between victims and the accused, particularly in terms of their rights. While most of the chapters focus mainly on either the accused or the victims, others discuss both at the same time. The work strikes a fine balance between, on the one hand, classic topics on the rights of the accused and the rights of the victims and, on the other, topics which have been largely unexplored and/or which require new angles or perspectives. Additionally, there are some chapters which approach both the rights of the accused and the rights of the victims in new contexts and/or under novel perspectives. The book as a whole provides a discussion of the two sides of this important coin of international criminal justice. The work will be an essential resource for academics, practitioners and students with an interest in the field of international criminal law. It will also be of interest to human rights scholars who are working with the rights of victims and the accused.




Reconciliation by Stealth


Book Description

Reconciliation by Stealth advances a novel approach to evaluating the effects of transitional justice in postconflict societies. Through her examination of the Balkan conflicts, Denisa Kostovicova asks what happens when former adversaries discuss legacies of violence and atrocity, and whether it is possible to do so without further deepening animosities. Reconciliation by Stealth shifts our attention from what people say about war crimes, to how they deliberate past wrongs. Bringing together theories of democratic deliberation and peacebuilding, Kostovicova demonstrates how people from opposing ethnic groups reconcile through reasoned, respectful, and empathetic deliberation about a difficult legacy. She finds that expression of ethnic difference plays a role in good-quality deliberation across ethnic lines, while revealed intraethnic divisions help deliberators expand moral horizons previously narrowed by conflict. In the process, people forge bonds of solidarity and offset divisive identity politics that bears upon their deliberations. Reconciliation by Stealth shows us the importance of theoretical and methodological innovation in capturing how transitional justice can promote reconciliation, and points to the untapped potential of deliberative problem-solving to repair relationships fractured by conflict. Thanks to generous funding from the London School of Economic and Political Science, the ebook editions of this book are available as Open Access volumes from Cornell Open (cornellpress.cornell.edu/cornell-open) and other repositories.




Awakening


Book Description

Even if all of the elements we know to be significant in the process of reconciliation were present, reconciliation would not necessarily take place. Reconciliation is a nonlinear, nonalgorithmic process that involves “matters of the heart.” From emergent creativity and its links to mysticism, to the evolution of emotions as drivers of thought, Awakening weaves cutting-edge discoveries in complexity theory with philosophical reflections on consciousness and language, drawing on Lonergan and Wittgenstein. Awakening as a phenomenon takes on a vibrant vitality as an aspect of transpersonal psychology and it manifests as imperatives to take responsibility for our relationships, to address complex challenges of justice, and to adopt a heart-based approach to peacebuilding.




International Conflict Resolution After the Cold War


Book Description

The end of the Cold War has changed the shape of organized violence in the world and the ways in which governments and others try to set its limits. Even the concept of international conflict is broadening to include ethnic conflicts and other kinds of violence within national borders that may affect international peace and security. What is not yet clear is whether or how these changes alter the way actors on the world scene should deal with conflict: Do the old methods still work? Are there new tools that could work better? How do old and new methods relate to each other? International Conflict Resolution After the Cold War critically examines evidence on the effectiveness of a dozen approaches to managing or resolving conflict in the world to develop insights for conflict resolution practitioners. It considers recent applications of familiar conflict management strategies, such as the use of threats of force, economic sanctions, and negotiation. It presents the first systematic assessments of the usefulness of some less familiar approaches to conflict resolution, including truth commissions, "engineered" electoral systems, autonomy arrangements, and regional organizations. It also opens up analysis of emerging issues, such as the dilemmas facing humanitarian organizations in complex emergencies. This book offers numerous practical insights and raises key questions for research on conflict resolution in a transforming world system.




Competing Memories


Book Description

The aftermath of modern conflicts, deeply rooted in political, economic and social structures, leaves pervasive and often recurring legacies of violence. Addressing past injustice is therefore fundamental not only for societal well-being and peace, but also for future conflict prevention. In recent years, truth and reconciliation commissions have become important but contentious mechanisms for conflict resolution and reconciliation. This book fills a significant gap, examining the importance of context within transitional justice and peace-building. It lays out long-term and often unexpected indirect effects of formal and informal justice processes. Offering a novel conceptual understanding of 'procedural reconciliation' on the societal level, it features an in-depth study of commissions in Peru and Sierra Leone, providing a critical analysis of the contribution and challenges facing transitional justice in post-conflict societies. It will be of interest to scholars and students of comparative politics, international relations, human rights and conflict studies.




Intangible Cultural Heritage and Reconciliation in the Western Balkans


Book Description

This book considers the sensitive heritage elements linked to the very issue of the origins of nations. Beliefs, rituals, and traditional knowledge are examples of intangible cultural heritage (ICH), which communities globally regard as the core of their cultural identity. When it is unclear which element of heritage “belongs” to whom, like in the Western Balkans, where the majority of heritage elements are shared, ICH disputes exacerbate conflict. Its mishandling is especially acute when minority heritage is excluded from governmental cultural policies. With a focus on Serbia, Croatia, Bosnia and Herzegovina, and Montenegro, this book has a global thematic scope, theoretical depth, and policy relevance to the scholars of anthropology and heritage studies as well as to those interested in cultural diversity, human rights, and cultural and educational policies. It will serve as a guide for those who professionally use cultural heritage, or want to start doing so, in the processes of reconciliation, stabilization, and development.




On the Courthouse Lawn


Book Description

Nearly 5,000 black Americans were lynched between 1890 and 1960, and asSherrilyn Ifill argues, the effects of this racial trauma continue to resound.While the lynchings were devastating, the little-known contemporaryconsequences, such as the marginalization of political and economicdevelopment for blacks, are equally pernicious. Ifill traces the lingering effects of two lynchings in Maryland to illustrate how ubiquitous this history is, and she issues a clarion call for the many American communities with histories of racial violence to be proactive in facing this legacy.




Frozen Justice: Lessons from Bosnia and Herzegovina’s Failed Transitional Justice Strategy


Book Description

In May 1993 the United Nations Security Council founded the International Criminal Tribunal for the former Yugoslavia (ICTY). Based in the Hague, Netherlands, the ICTY was formed with the objective of prosecuting those who had committed war crimes, crimes against humanity and genocide in Bosnia and Herzegovina and elsewhere in the former Yugoslavia during the early to mid-90s. During its mandate (1993-2017), the tribunal heard many cases and tried numerous perpetrators, from those who carried out the killings to those who orchestrated and ordered them. In spite of its accomplishments, the ICTY is considered to be highly controversial. It is debated if the ICTY did enough to foster healing and reconciliation in many of the conflict-torn societies. Many scholars argue that the tribunal operated adequately within their mandate and sought to promote justice and reconciliation, however, those who lived through the brutal wars would argue that there has simply been no justice. Importantly, Bosnia and Herzegovina still remains a country divided by issues of post-conflict justice, among other things. In 2010 a government-led strategic plan emerged that was intended to deal with the unfinished “business” of justice and promote reconciliation throughout the country. However, it failed to do this, and there is currently no political will or momentum to revive it. But, was this strategy doomed to failure from the beginning? In the form of a quantitative study, this book examines the possibility of reconciliation being achieved in Bosnia and Herzegovina through the methods fostered by the strategy. Focusing on three major cities, Sarajevo, Mostar, and Banja Luka, Dr. Jared Bell surveyed nearly 500 people in order to shed light on the subject of the national transitional justice strategy and reconciliation from the perspective of the everyday populace.




Apology and Reconciliation in International Relations


Book Description

This book looks into the role and effects of public apologies in international relations. It focuses on two major questions - why and when do states issue apologies for historic crimes and how and under what conditions are these apologies successful in remedying conflictive relationships? In recent years, we have witnessed an unseen popularity of apologies, with numerous politicians, managers and clergymen being eager to apologise and atone for the wrong-doings of their countries or institutions. Public apologies, thus, are a new and highly interesting, while nevertheless still puzzling phenomenon, the precise role and meaning of which in international politics remains to be explored. This book sets out to do exactly this. Focusing in particular on state apologies, it assembles twelve detailed empirical case studies which deal with the two questions raised above. In the first part, the case studies reconstruct the processes in which state representatives react to calls for public atonement, and in the second part the case studies explore the reactions to the apology and evaluate signs for its success or failure. All case studies are based on a theoretical framework which is outlined in the introduction to the book and helps develop tentative assumptions about the emergence and the effects of state apologies, drawing on different strands of literature, such as political science, philosophy, sociology or psychology. This work will be of great interest to students and scholars of conflict reconciliation, international relations and transitional justice.