Judging State-Sponsored Violence, Imagining Political Change

Judging State-Sponsored Violence, Imagining Political Change PDF

Author: Bronwyn Leebaw

Publisher: Cambridge University Press

Published: 2011-04-18

Total Pages: 223

ISBN-13: 1139498916

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How should state-sponsored atrocities be judged and remembered? This controversial question animates contemporary debates on transitional justice and reconciliation. This book reconsiders the legacies of two institutions that transformed the theory and practice of transitional justice. Whereas the Nuremberg Trials exemplified the promise of legalism and international criminal justice, South Africa's Truth and Reconciliation Commission promoted restorative justice and truth commissions. Leebaw argues that the two frameworks share a common problem: both rely on criminal justice strategies to investigate experiences of individual victims and perpetrators, which undermines their critical role as responses to systematic atrocities. Drawing on the work of influential transitional justice institutions and thinkers such as Judith Shklar, Hannah Arendt, José Zalaquett and Desmond Tutu, Leebaw offers a new approach to thinking about the critical role of transitional justice – one that emphasizes the importance of political judgment and investigations that examine complicity in, and resistance to, systematic atrocities.

Theorizing Transitional Justice

Theorizing Transitional Justice PDF

Author: Claudio Corradetti

Publisher: Routledge

Published: 2016-02-17

Total Pages: 276

ISBN-13: 1317010876

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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.

Justice and Reconciliation in World Politics

Justice and Reconciliation in World Politics PDF

Author: Catherine Lu

Publisher: Cambridge University Press

Published: 2017-11-16

Total Pages: 337

ISBN-13: 1108420117

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This book examines how justice and reconciliation in world politics should be conceived in response to the injustice and alienation of modern colonialism?

Reparations for Slavery in International Law

Reparations for Slavery in International Law PDF

Author: Katarina Schwarz

Publisher: Oxford University Press

Published: 2022

Total Pages: 289

ISBN-13: 019763639X

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From the 'transatlantic slave trade' to the maangamizi -- The maangamizi and the making of international law -- Adjudicating the 'past' : the impact of time on reparability -- Towards a theory of reparatory justice -- Expanding understandings of reparatory justice through multiple modalities of redress --The causal chains connecting historical enslavement and contemporary redress -- Reparatory justice in transition.

Understanding Quality Peace

Understanding Quality Peace PDF

Author: Madhav Joshi

Publisher: Routledge

Published: 2018-01-29

Total Pages: 277

ISBN-13: 1351391569

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This book provides an analytical framework for understanding how the concept of quality peace can be used to evaluate post-conflict peacebuilding, using social science, statistics, and case studies. Including contributions from more than 20 researchers and practitioners, it argues that the quality of the peace in a post-conflict state relates to the extent to which peace accords are implemented, the agreed-upon mechanism for the non-violent resolution of the conflict, and the available social space for civil and political actors. To arrive at the concept of 'quality peace', the authors evaluate the existing literature and identify a lack of a satisfactory means of measuring outcomes, and consequently how these might be researched comparatively. The volume problematizes the 'quality peace' concept as a way to understand the origins of armed conflict as well as problems deriving from the conflict dynamics and the need for social, political, and economic changes in the post-conflict periods. The book emphasizes five dimensions as crucial for quality peace in a post-accord society. Negotiations and agreements not only aim at avoiding the return of war but also seek to: (1) promote reconciliation, (2) develop mechanisms for resolving future disputes, (3) provide for reliable security, (4) open economic opportunities for marginalized segments of the population, and (5) generate space for civil society. These five dimensions together provide for quality peace after war. They are studied in the context of internal armed conflicts in which multiple parties have signed a peace agreement. This book will be of great interest to students of peace and conflict studies, civil wars, global governance, security studies, and International Relations in general.

Model(ing) Justice

Model(ing) Justice PDF

Author: Kerstin Bree Carlson

Publisher: Cambridge University Press

Published: 2018-11-29

Total Pages: 261

ISBN-13: 1108284884

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The International Criminal Tribunal for the former Yugoslavia (ICTY) was the first and most celebrated of a wave of international criminal tribunals (ICTs) built in the 1990s and designed to advance liberalism through international criminal law. Model(ing) Justice examines the practice and case law of the ICTY to make a novel theoretical analysis of the structural flaws inherent in ICTs as institutions that inhibit their contribution to social peace and prosperity. Kerstin Bree Carlson proposes a seminal analysis of the structural challenges to ICTs as socially constitutive institutions, setting the agenda for future considerations of how international organizations can perform and disseminate the goals articulated by political liberalism.

American Transitional Justice

American Transitional Justice PDF

Author: Natalie R. Davidson

Publisher: Cambridge University Press

Published: 2020-07-02

Total Pages: 219

ISBN-13: 110880621X

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Natalie Davidson offers an alternative account of Alien Tort Statute litigation by revisiting the field's two seminal cases, Filártiga (filed 1979) and Marcos (filed 1986), lawsuits ostensibly concerned with torture in Paraguay and the Philippines, respectively. Combining legal analysis, archival research and ethnographic methods, this book reveals how these cases operated as transitional justice mechanisms, performing the transition of the United States and its allies out of the Cold War order. It shows that US courts produced a whitewashed history of US involvement in repression in the Western bloc, while in Paraguay and the Philippines the distance from US courts allowed for a more critical narration of the lawsuits and their underlying violence as symptomatic of structural injustice. By exposing the political meanings of these legal landmarks for three societies, Davidson sheds light on the blend of hegemonic and emancipatory implications of international human rights litigation in US courts.

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