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Alex Batesmith, Improving the Effectiveness of International Lawyers in Rule of Law and Transitional Justice Projects

Alex Batesmith, Improving the Effectiveness of International Lawyers in Rule of Law and Transitional Justice Projects
Author: Louise Mallinder
Publisher:
Total Pages: 26
Release: 2015
Genre:
ISBN:

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Improving personal effectiveness has been a popular subject for many decades in the business world. However, in transitional justice and rule of law, effectiveness has only relatively recently been a topic of interest, as researchers investigate reasons why international legal interventions succeed and why they fail. This paper examines the issue of effectiveness of rule of law and transitional justice interventions from the perspective of the actors themselves - the international lawyers - especially as they work with their national counterparts to achieve their objectives. The report analyses the barriers to intercultural effectiveness at the individual level for international lawyers. The main part of this paper then focuses on the specific knowledge, skills and values through which an international lawyer may be able to optimise their own intercultural effectiveness. In particular, we highlight the desirability of a full factual briefing before starting work in a different country, the need for effective intercultural communication and organisational skills and the importance of adopting a flexible attitude and an understanding of one's personal and professional limitations. We will also discuss how institutions hiring international lawyers can take also concrete practical steps to improve the success of interventions, by helping their staff and consultants to become more interculturally effective.The methodology for this paper is qualitative and more than fifty lawyers with experience working in international interventions were surveyed for their personal reflections on effectiveness in their workplace. The author of the paper has also drawn on his own experiences and discussions with both international and national colleagues, having spent more than ten years working in the field of international criminal law, transitional justice and rule of law development.This report was commissioned as part of the Lawyers, Conflict & Transition project - a three-year initiative funded by the Economic & Social Research Council that is run in partnership between the School of Law, Queen's University Belfast and the Transitional Justice Institute.


Transitional Justice and Rule of Law Reconstruction

Transitional Justice and Rule of Law Reconstruction
Author: Padraig McAuliffe
Publisher: Routledge
Total Pages: 274
Release: 2013-06-26
Genre: Law
ISBN: 1135037752

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This short and accessible book is the first to focus exclusively on the inter-relation between transitional justice and rule of law reconstruction in post-conflict and post-authoritarian states. In so doing it provides a provocative reassessment of the various tangled relationships between the two fields, exploring the blind-spots, contradictions and opportunities for mutually-beneficial synergies in practice and scholarship between them. Though it is commonly assumed that transitional justice for past human rights abuses is inherently conducive to restoring the rule of law, differences in how both fields conceptualise the rule of law, the scope of transition and obligations to citizens have resulted in divergent approaches to transitional criminal trial, international criminal law, restorative justice and traditional justice mechanisms. Adopting a critical comparative approach that assesses the experiences of post-authoritarian and post-conflict polities in Latin America, Asia, Europe and Africa undergoing transitional justice and justice sector reform simultaneously, it argues that the potential benefits of transitional justice are exaggerated and urges policy-makers to rebalance the compromises inherent in transitional justice mechanisms against the foundational demands of rule of law reconstruction. This book will be of interest to scholars in the fields of transitional justice, rule of law, legal pluralism and peace-building concerned by the failure of transitional justice to leave a positive legacy to the justice system of the states where it operates. ‘This is a bold and nuanced scrutiny of the international system’s approach to transitional justice and the much vaunted rule of law project. Dr McAulifee should be congratulated for this well-researched book which should be a must read for not only scholars and researchers in transitional justice and peace and conflict studies, but also policy-makers in the international system.’ Dr. Hakeem O. Yusuf, Senior Lecturer, University of Strathclyde and author of Transitional Justice, Judicial Accountability and the Rule of Law.


Transitional Justice in Comparative Perspective

Transitional Justice in Comparative Perspective
Author: Samar El-Masri
Publisher: Springer Nature
Total Pages: 244
Release: 2020-01-17
Genre: Political Science
ISBN: 3030349179

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What if we could change the conditions in post-conflict/post-authoritarian countries to make transitional justice work better? This book argues that if the context in countries in need of transitional justice can be ameliorated before processes of transitional justice are established, they are more likely to meet with success. As the contributors reveal, this can be done in different ways. At the attitudinal level, changing the broader social ethos can improve the chances that societies will be more receptive to transitional justice. At the institutional level, the capacity of mechanisms and institutions can be strengthened to offer more support to transitional justice processes. Drawing on lessons learned in Colombia, Democratic Republic of the Congo, The Gambia, Lebanon, Palestine, and Uganda, the book explores ways to better the conditions in post-conflict/post-authoritarian countries to improve the success of transitional justice.


Transitional Justice

Transitional Justice
Author: Norman Weiß
Publisher: Universitätsverlag Potsdam
Total Pages: 200
Release: 2022-01-28
Genre: Law
ISBN: 3869564733

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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 the Twenty-First Century

Transitional Justice in the Twenty-First Century
Author: Naomi Roht-Arriaza
Publisher: Cambridge University Press
Total Pages: 317
Release: 2006-09-14
Genre: Social Science
ISBN: 1139458655

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Dealing with the aftermath of civil conflict or the fall of a repressive government continues to trouble countries throughout the world. Whereas much of the 1990s was occupied with debates concerning the relative merits of criminal prosecutions and truth commissions, by the end of the decade a consensus emerged that this either/or approach was inappropriate and unnecessary. A second generation of transitional justice experiences have stressed both truth and justice and recognize that a single method may inadequately serve societies rebuilding after conflict or dictatorship. Based on studies in ten countries, this book analyzes how some combine multiple institutions, others experiment with community-level initiatives that draw on traditional law and culture, whilst others combine internal actions with transnational or international ones. The authors argue that transitional justice efforts must also consider the challenges to legitimacy and local ownership emerging after external military intervention or occupation.


Lawyers in Conflict and Transition

Lawyers in Conflict and Transition
Author: Kieran McEvoy
Publisher: Cambridge University Press
Total Pages: 437
Release: 2022-03-17
Genre: Law
ISBN: 0521853982

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Studies what lawyers do in challenging contexts of conflict, authoritarianism, and the transition from violence.


Transitional Justice and the Rule of Law in New Democracies

Transitional Justice and the Rule of Law in New Democracies
Author: A. James McAdams
Publisher:
Total Pages: 344
Release: 1997
Genre: Law
ISBN:

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This is the first focused study on the relationship between the use of national courts to pursue retrospective justice and the construction of viable democracies. Included in this interdisciplinary volume are fascinating, detailed essays on the experiences of eight countries: Argentina, Bolivia, Chile, Germany, Greece, Hungary, Poland, and South Africa. According to the contributors, the most important lesson for leaders of new democracies, who are wrestling with the human rights abuses of past dictatorships, is that they have many options. Democratizing regimes are well-advised to be attentive to the significant political, ethical, and legal constraints that may limit their ability to achieve retribution for past wrongs. On prudential ground alone, some fledgling regimes will have no choice but to restrain their desire for punishment in the interest of political survival. However, it would be incorrect to think that all new democracies are therefore bereft of the political and legal resources needed to bring the perpetrators of egregious human rights violations to justice. In many instances, governments have overcome the obstacles before them and, by appealing to both national and international legal standards, have brought their former dictators to trial. When these judicial proceedings have been properly conducted and insulated from partisan political pressures, they have provided tangible evidence of the guiding principles-equality, fairness, and the rule of law-that are essential to the post-authoritarian order. This collection shows that the quest for transitional justice has amounted to something more than merely a break with the past--it constitutes a formative act which directly affects the quality and credibility of democratic institutions.


Peace and Justice

Peace and Justice
Author: Rachel Kerr
Publisher: John Wiley & Sons
Total Pages: 263
Release: 2013-04-26
Genre: Political Science
ISBN: 0745657753

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In recent years there has been a tendency to intervene in the military, political and economic affairs of failed and failing states and those emerging from violent conflict. In many cases this has been accompanied by some form of international judicial intervention to address serious and widespread abuses of international humanitarian law and human rights in recognition of an explicit link between peace and justice. A range of judicial and non-judicial approaches has been adopted in recognition of the fact that there is no one-size-fits-all model through which to seek accountability. This book considers the merits and drawbacks of these different responses and sets out an original framework for analysing transitional societies and transitional justice mechanisms. Taking as its starting point the post-Second World War tribunals at Nuremburg and Tokyo, the book goes on to discuss the creation of ad hoc international tribunals in the 1990s, hybrid/mixed courts, the International Criminal Court, domestic trials, truth commissions and traditional justice mechanisms. With examples drawn from across the world, including the former Yugoslavia, Rwanda, Cambodia, Timor-Leste, Sierra Leone, Uganda and the DRC, it presents a compelling and comprehensive study of the key responses to war crimes. Peace and Justice is a timely contribution in a world where an ever-increasing number of post-conflict societies are grappling with the complex issues of transitional justice. It will be a valuable resource for students, scholars, practitioners and policy-makers seeking to understand past violations of human rights and the most effective ways of addressing them.


From Transitional to Transformative Justice

From Transitional to Transformative Justice
Author: Paul Gready
Publisher: Cambridge University Press
Total Pages: 345
Release: 2019-02-21
Genre: Political Science
ISBN: 1108668577

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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.


Transitional Justice in Aparadigmatic Contexts

Transitional Justice in Aparadigmatic Contexts
Author: Tine Destrooper
Publisher: Taylor & Francis
Total Pages: 185
Release: 2023-03-23
Genre: Law
ISBN: 1000845605

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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.