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Searching for Truth in the Transitional Justice Movement

Searching for Truth in the Transitional Justice Movement
Author: Jamie Rowen
Publisher: Cambridge University Press
Total Pages: 195
Release: 2017-08-11
Genre: Political Science
ISBN: 1108546277
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Searching for Truth in the Transitional Justice Movement examines calls for a truth commission to redress the brutal war during the breakup of the former Yugoslavia, the decades-long armed conflict in Colombia, and US detention policies in the War on Terror. In so doing, it argues that transitional justice is an idea around which a loosely structured movement emerged and professionalized, making truth commissions a standard response to mass violence. By exploring how this movement developed, as well as efforts to make truth commissions in the Balkans, Colombia, and the US, this book explains different processes through which political actors translate new legal ideas such as transitional justice into political action. Further, it reveals how the malleability of transitional justice and truth commissions is both an asset and a liability for those hoping to ensure accountability, improve survivor well-being, and prevent future violence.

Child Soldiers as Agents of War and Peace

Child Soldiers as Agents of War and Peace
Author: Leonie Steinl
Publisher: Springer
Total Pages: 421
Release: 2017-08-19
Genre: Law
ISBN: 9462652015
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This book deals with child soldiers’ involvement in crimes under international law. Child soldiers are often victims of grave human rights abuses, and yet, in some cases, they also participate actively in inflicting violence upon others. Nonetheless, the international discourse on child soldiers often tends to ignore the latter dimension of children’s involvement in armed conflict and instead focuses exclusively on their role as victims. While it might seem as though the discourse is therefore beneficial for child soldiers as it protects them from blame and responsibility, it is important to realize that the so-called passive victim narrative entails various adverse consequences, which can hinder the successful reintegration of child soldiers into their families, communities and societies. This book aims to address this dilemma. First, the available options for dealing with child soldiers’ participation in crimes under international law, such as transitional justice and criminal justice, and their shortcomings are analyzed in depth. Subsequently a new approach is developed towards achieving accountability in a child-adequate way, which is called restorative transitional justice. This book is in the first place aimed at researchers with an interest in child soldiers, children and armed conflict, as well as international criminal law, transitional justice, juvenile justice, restorative justice, children’s rights, and international human rights law. Secondly, professionals working on issues of transitional justice, juvenile justice, international criminal law, children’s rights, and the reintegration of child soldiers will also find the subject matter of great relevance to their practice. Dr. Leonie Steinl, LL.M. (Columbia) is a Researcher and Lecturer at the Faculty of Law of the Humboldt-Universität in Berlin.

Transitional Justice and the Prosecution of Political Leaders in the Arab Region

Transitional Justice and the Prosecution of Political Leaders in the Arab Region
Author: Noha Aboueldahab
Publisher: Bloomsbury Publishing
Total Pages: 222
Release: 2017-10-05
Genre: Law
ISBN: 1509911340
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The dramatic uprisings that ousted the long-standing leaders of several countries in the Arab region set in motion an unprecedented period of social, political and legal transformation. The prosecution of political leaders took centre stage in the pursuit of transitional justice following the 'Arab Spring'. Through a comparative case study of Egypt, Libya, Tunisia and Yemen, this book argues that transitional justice in the Arab region presents the strongest challenge yet to the transitional justice paradigm. This paradigm is built on the underlying assumption that transitions constitute a shift from non-liberal to liberal democratic regimes, where often legal measures are taken to address atrocities committed during the prior regime. The book is guided by two principal questions: first, what trigger and driving factors led to the decision of whether or not to prosecute former political leaders? And second, what shaping factors affected the content and extent of decisions regarding prosecution? In answering these questions, the book enhances our understanding of how transitional justice is pursued by different actors in varied contexts. In doing so, it challenges the predominant understanding that transitional justice uniformly occurs in liberalising contexts and calls for a re-thinking of transitional justice theory and practice. Using original findings generated from almost 50 interviews across 4 countries, this research builds on the growing critical literature that claims that transitional justice is an under-theorised field and needs to be developed to take into account non-liberal and complex transitions. It will be stimulating and thought-provoking reading for all those interested in transitional justice and the 'Arab Spring'.

International Conflict Resolution After the Cold War

International Conflict Resolution After the Cold War
Author: National Research Council
Publisher: National Academies Press
Total Pages: 640
Release: 2000-11-07
Genre: Political Science
ISBN: 0309171733
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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.

Unspeakable Truths 2e

Unspeakable Truths 2e
Author: Priscilla B. Hayner
Publisher: Routledge
Total Pages: 377
Release: 2010-09-13
Genre: History
ISBN: 1135245584
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This book is a definitive exploration of truth commissions around the world and the anguish, injustice, and the legacy of hate they are meant to absolve.

Transitional Justice and the ‘Disappeared’ of Northern Ireland

Transitional Justice and the ‘Disappeared’ of Northern Ireland
Author: Lauren Dempster
Publisher: Routledge
Total Pages: 233
Release: 2019-06-11
Genre: History
ISBN: 1351239368
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This book employs a transitional justice lens to address the ‘disappearances’ that occurred during the Northern Ireland conflict – or ‘Troubles’ – and the post-conflict response to these ‘disappearances.’ Despite an extensive literature around ‘dealing with the past’ in Northern Ireland, as well as a substantial body of scholarship on ‘disappearances’ in other national contexts, there has been little scholarly scrutiny of ‘disappearances’ in post-conflict Northern Ireland. Although the Good Friday Agreement brought relative peace to Northern Ireland, no provision was made for the establishment of some form of overarching truth and reconciliation commission aimed at comprehensively addressing the legacy of violence. Nevertheless, a mechanism to recover the remains of the ‘disappeared’ – the Independent Commission for the Location of Victims’ Remains (ICLVR) – was established, and has in fact proven to be quite effective. As a result, the reactions of key constituencies to the ‘disappearances’ can be used as a prism through which to comprehensively explore issues of relevance to transitional justice scholars and practitioners. Pursuing an interdisciplinary approach, and based on extensive empirical research, this book provides a multifaceted exploration of the responses of these constituencies to the practice of ‘disappearing.’ It engages with transitional justice themes including silence, memory, truth, acknowledgement, and apology. Key issues examined include the mobilisation efforts of families of the ‘disappeared,’ efforts by a (former) non-state armed group to address its legacy of violence, the utility of a limited immunity mechanism to incentivise information provision, and the interplay between silence and memory in the shaping of a collective, societal understanding of the ‘disappeared.’

Public History for a Post-Truth Era

Public History for a Post-Truth Era
Author: Liz Sevcenko
Publisher: Taylor & Francis
Total Pages: 295
Release: 2022-07-25
Genre: History
ISBN: 1000607739
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Public History for a Post-Truth Era explores how to combat historical denial when faith in facts is at an all-time low. Moving beyond memorial museums or documentaries, the book shares on-the-ground stories of participatory public memory movements that brought people together to grapple with the deep roots and current truths of human rights abuses. It gives an inside look at "Sites of Conscience" around the world, and the memory activists unearthing their hidden histories, from the Soviet Gulag to the slave trade in Senegal. It then follows hundreds of people joining forces across dozens of US cities to fight denial of Guantánamo, mass incarceration, and climate change. As reparations proposals proliferate in the US, the book is a resource for anyone seeking to confront historical injustices and redress their harms. Written in accessible, non-academic language, it will appeal to students, educators, or supportive citizens interested in public history, museums, or movement organizing.

Truth and Transitional Justice

Truth and Transitional Justice
Author: Alice Panepinto
Publisher: Bloomsbury Publishing
Total Pages: 280
Release: 2022-02-24
Genre: Law
ISBN: 1509921281
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With a unique transitional justice perspective on the Arab Spring, this book assesses the relocation of transitional justice from the international paradigm to Islamic legal systems. The Arab uprisings and new and old conflicts in the Middle East, North Africa and other contexts where Islam is a prominent religion have sparked an interest in localising transitional justice in the legal systems of Muslim-majority communities to uncover the truth about past abuse and ensure accountability for widespread human rights violations. This raises pressing questions around how the international paradigm of transitional justice, and in particular its truth-seeking aims, might be implemented and adapted to local settings characterised by Muslim majority populations, and at the same time drawing from relevant norms and principles of Islamic law. This book offers a critical analysis of the relocation of transitional justice from the international paradigm to the legal systems of Muslim-majority societies in light of the inherently pluralistic realities of these contexts. It also investigates synergies between international law and Islamic law in furthering truth-seeking, the formation of collective memories and the victims' right to know the truth, as key aims of the international paradigm of transitional justice and broadly supported by the shari'ah. This book will be a useful reference for scholars, practitioners and policymakers seeking to better understand the normative underpinnings of (potential) transitional truth-seeking initiatives in the legal systems of Muslim-majority societies. At the same time, it also proposes a more critical and creative way of thinking about the challenges and opportunities of localising transitional justice in contexts where the principles and ideas of Islamic law carry different meanings.

Truth Commissions

Truth Commissions
Author: Onur Bakiner
Publisher: University of Pennsylvania Press
Total Pages: 328
Release: 2016-01-15
Genre: Political Science
ISBN: 0812247620
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Onur Bakiner evaluates the success of truth commissions in promoting political, judicial, and social change. He argues that even when commissions produce modest change as a result of political constraints, they open new avenues for human rights activism and transform public discourses on memory, truth, justice, and reconciliation.

Truth Commissions

Truth Commissions
Author: Onur Bakiner
Publisher: University of Pennsylvania Press
Total Pages: 324
Release: 2015-12-04
Genre: Political Science
ISBN: 0812291921
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Since the 1980s a number of countries have established truth commissions to come to terms with the legacy of past human rights violations, yet little is known about the achievements and shortcomings of this popular transitional justice tool. Drawing on research on Chile's National Truth and Reconciliation Commission and Peru's Truth and Reconciliation Commission, and exploring the scholarship on thirteen other transitional contexts, Onur Bakiner evaluates the success of truth commissions in promoting policy reform, human rights accountability, and the public recognition of human rights violations. He argues that although political elites often see a truth commission as a convenient way to address past atrocities, the findings, historical narratives, and recommendations of such commissions often surprise, upset, and discredit influential political actors. Even when commissions produce only modest change as a result of political constraints, Bakiner contends, they open up new avenues for human rights activism by triggering the creation of new victims' organizations, facilitating public debates over social memory, and inducing civil society actors to monitor the country's human rights policy. Bakiner demonstrates how truth commissions have recovered basic facts about human rights violations, forced societies to rethink the violence and exclusion of nation building, and produced a new dynamic whereby the state seeks to legitimize its central position between history and politics by accepting a high degree of societal penetration into the production and diffusion of official national history. By doing so, truth commissions have challenged and transformed public discourses on memory, truth, justice, reconciliation, recognition, nationalism, and political legitimacy in the contemporary world.