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Resistance and Transitional Justice

Resistance and Transitional Justice
Author: Briony Jones
Publisher: Routledge
Total Pages: 289
Release: 2017-07-31
Genre: Law
ISBN: 1351855832

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Despite a more reflective concern over the past 20 years with marginalised voices, justice from below, power relations and the legitimacy of mechanisms and processes, scholarship on transitional justice has remained relatively silent on the question of ‘resistance’. In response, this book asks what can be learnt by engaging with resistance to transitional justice not just as a problem of process, but as a necessary element of transitional justice. Drawing on literatures about resistance from geography and anthropology, it is the social act of labelling resistance, along with its subjective nature, that is addressed here as part of the political, economic, social and cultural contexts in which transitional justice processes unfold. Working through three cases – Côte d’Ivoire, Burundi and Cambodia – each chapter of the book addresses a different form or meaning of resistance, from the vantage point of multiple actors. As such, each chapter adds a different element to an overall argument that disrupts the norm/deviancy dichotomy that has so far characterised the limited work on resistance and transitional justice. Together, the chapters of the book develop cross-cutting themes that elaborate an overall argument for considering resistance to transitional justice as a subjective element of a political process, rather than as a problem of implementation.


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.


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 Nepal

Transitional Justice in Nepal
Author: Yvette Selim
Publisher: Routledge
Total Pages: 236
Release: 2018-06-27
Genre: Social Science
ISBN: 1351692194

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The conflict in Nepal (1996 – 2006) resulted in an estimated 15,000 deaths, 1,300 disappearances, along with other serious human rights and humanitarian law violations. Demands for peace, democracy, accountability and development, have abounded in the post-conflict context. Although the conflict catalysed major changes in the social and political landscape in Nepal, the transitional justice (TJ) process has remained deeply contentious and fragmented. This book provides an in-depth analysis of transitional justice process in Nepal. Drawing on interviews with a diverse range of stakeholders, including victims, ex-combatants, community members, human rights advocates, journalists and representatives from diplomatic missions, international organisations and the donor community, it reveals the differing viewpoints, knowledge, attitudes and preferences about TJ and other post-conflict issues in Nepal. The author develops an actor typology and an action spectrum, which can be used in Nepal and other post-conflict contexts. The actor typology identifies four main groups of TJ actors—experts, brokers, implementers and victims—and highlights who is making claims and on behalf of whom. The action spectrum, based on contentious politics literature and resistance literature, demonstrates the strategies actors use to shape the TJ process. This book argues that the potential of TJ lies in these dynamics of contention. It is by letting these dynamics play out that different conceptualisations of TJ can arise. While doing so may lead to practical challenges and produce situations that are normatively undesirable for some actors, particularly when certain political parties and national actors seem to ‘hijack’ TJ, remaining steadfast to the dominant TJ paradigm is also undesirable. As the first book to provide a single case study on TJ in Nepal, it makes theoretical and empirical contributions to: TJ research in Nepal and the Asia-Pacific more broadly, the politics versus justice binary and the concept of victimhood, among others. It will be of interest to a wide range of scholars in the study of transitional justice, peace and conflict studies, human rights, sociology, political science, criminology, law, anthropology and South Asian Studies, as well as policy-makers and NGOs.


Alternative Approaches in Conflict Resolution

Alternative Approaches in Conflict Resolution
Author: Martin Leiner
Publisher: Springer
Total Pages: 196
Release: 2017-10-13
Genre: Political Science
ISBN: 331958359X

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This edited volume brings together alternative and innovative approaches in conflict resolution. With traditional military intervention repeatedly leading to the transformation of entire regions into zones of instability and violence (Afghanistan, Iraq, Libya, Syria), the study of alternative and less violent approaches to conflict resolution has become imperative. Four approaches are presented here: negotiation, religion and gender, reconciliation and forgiveness, and the arts. This volume contains the insights and experiences of fourteen internationally renowned scholars and practitioners from different contexts. Can forgiveness help heal relationships in post-apartheid South Africa? How can art assist dealing with ‘unrememberable’ events such as the genocide in Rwanda? What transformational resources do women offer in contexts of massive human rights violations? The aim here is twofold: to provide and encourage critical reflection of the approaches presented here and to explore concrete improvements in conflict resolution strategies. In its interdisciplinary and international outlook, this work combines the tried-and-tested approaches from conflict resolution experts in academia, NGOs and civil society, making it an invaluable tool for academics and practitioners alike.


The Interaction Between Local and International Peacebuilding Actors

The Interaction Between Local and International Peacebuilding Actors
Author: Sara Hellmüller
Publisher: Springer
Total Pages: 245
Release: 2017-12-22
Genre: Political Science
ISBN: 3319653016

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This book helps to better understand how the interaction between local and international peacebuilding actors influences the outcomes of their programs. Based on the case study of Ituri in the Democratic Republic of Congo, it analyses the relationships between local and international peacebuilding actors over the long term and assesses ways to overcome the obstacles to more cooperative partnerships. Focusing on perceptions, the book nuances existing definitions of war, peacebuilding and peace and allows for a more comprehensive understanding of conflict contexts. Thereby, it contributes to the literature on peacebuilding effectiveness and makes concrete suggestions for translating these findings into practice.


Transitional Justice, Culture, and Society

Transitional Justice, Culture, and Society
Author: Clara Ramirez-Barat
Publisher:
Total Pages: 0
Release: 2014
Genre: Human rights
ISBN: 9780911400021

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"Transitional justice processes have a fundamental public dimension: their impact depends in part on the social support they receive. Beyond outreach programs, other initiatives, such as media and cultural interventions, can strengthen--or in some cases undermine--the public resonance of transitional justice. How can media and art be used to engage society in discussions around accountability? How do media influence social perceptions and attitudes toward the legacy of the past? To what extent is social engagement in the public sphere necessary to advance the political transformation that transitional justice measures hope to promote? Examining the roles that culture and society play in transitional justice contexts, this volume focuses on the ways in which communicative practices can raise public awareness of and reflection upon the legacies of mass abuse." -- Publisher's description.


Ethnographic Peace Research

Ethnographic Peace Research
Author: Gearoid Millar
Publisher: Springer
Total Pages: 291
Release: 2017-11-24
Genre: Political Science
ISBN: 3319655639

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This volume calls for an empirical extension of the “local turn” within peace research. Building on insights from conflict transformation, gender studies, critical International Relations and Anthropology, the contributions critique existing peace research methods as affirming unequal power, marginalizing local communities, and stripping the peace kept of substantive agency and voice. By incorporating scholars from these various fields the volume pushes for more locally grounded, ethnographic and potentially participatory approaches. While recognizing that any Ethnographic Peace Research (EPR) agenda must incorporate a variety of methodologies, the volume nonetheless paves a clear path for the much needed empirical turn within the local turn literature.


Transitional Justice Theories

Transitional Justice Theories
Author: Susanne Buckley-Zistel
Publisher: Routledge
Total Pages: 239
Release: 2013-10-30
Genre: Law
ISBN: 1135055068

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Transitional Justice Theories is the first volume to approach the politically sensitive subject of post-conflict or post-authoritarian justice from a theoretical perspective. It combines contributions from distinguished scholars and practitioners as well as from emerging academics from different disciplines and provides an overview of conceptual approaches to the field. The volume seeks to refine our understanding of transitional justice by exploring often unarticulated assumptions that guide discourse and practice. To this end, it offers a wide selection of approaches from various theoretical traditions ranging from normative theory to critical theory. In their individual chapters, the authors explore the concept of transitional justice itself and its foundations, such as reconciliation, memory, and truth, as well as intersections, such as reparations, peace building, and norm compliance. This book will be of particular interest for scholars and students of law, peace and conflict studies, and human rights studies. Even though highly theoretical, the chapters provide an easy read for a wide audience including readers not familiar with theoretical investigations.