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| Author | : Mark Freeman |
| Publisher | : Cambridge University Press |
| Total Pages | : 428 |
| Release | : 2006-08-14 |
| Genre | : Law |
| ISBN | : 9780521615648 |
Publisher Description
| Author | : Mark Freeman |
| Publisher | : Cambridge University Press |
| Total Pages | : 451 |
| Release | : 2006-08-14 |
| Genre | : Political Science |
| ISBN | : 110732081X |
This is the first law book devoted entirely to the subject of truth commissions. The book sets forth standards of procedural fairness aimed at protecting the rights of those who come into contact with truth commissions - primarily victims and their families, witnesses, and perpetrators. The aim of the book is to provide recommended criteria of procedural fairness for five possible components of a truth commission's mandate: the taking of statements, the use of subpoenas, the exercise of powers of search and seizure, the holding of victim-centered public hearings, and the publication of findings of individual responsibility in a final report (sometimes called the issue of 'naming names'). The book draws on the experience of past and present truth commissions, analogous national and multilateral investigative bodies, and international and comparative standards of procedural fairness.
| Author | : Robert I. Rotberg |
| Publisher | : Princeton University Press |
| Total Pages | : 344 |
| Release | : 2010-07-01 |
| Genre | : Political Science |
| ISBN | : 1400832039 |
The truth commission is an increasingly common fixture of newly democratic states with repressive or strife-ridden pasts. From South Africa to Haiti, truth commissions are at work with varying degrees of support and success. To many, they are the best--or only--way to achieve a full accounting of crimes committed against fellow citizens and to prevent future conflict. Others question whether a restorative justice that sets the guilty free, that cleanses society by words alone, can deter future abuses and allow victims and their families to heal. Here, leading philosophers, lawyers, social scientists, and activists representing several perspectives look at the process of truth commissioning in general and in post-apartheid South Africa. They ask whether the truth commission, as a method of seeking justice after conflict, is fair, moral, and effective in bringing about reconciliation. The authors weigh the virtues and failings of truth commissions, especially the South African Truth and Reconciliation Commission, in their attempt to provide restorative rather than retributive justice. They examine, among other issues, the use of reparations as social policy and the granting of amnesty in exchange for testimony. Most of the contributors praise South Africa's decision to trade due process for the kinds of truth that permit closure. But they are skeptical that such revelations produce reconciliation, particularly in societies that remain divided after a compromise peace with no single victor, as in El Salvador. Ultimately, though, they find the truth commission to be a worthy if imperfect instrument for societies seeking to say "never again" with confidence. At a time when truth commissions have been proposed for Bosnia, Kosovo, Cyprus, East Timor, Cambodia, Nigeria, Palestine, and elsewhere, the authors' conclusion that restorative justice provides positive gains could not be more important. In addition to the editors, the contributors are Amy Gutmann, Rajeev Bhargava, Elizabeth Kiss, David A. Crocker, André du Toit, Alex Boraine, Dumisa Ntsebeza, Lisa Kois, Ronald C. Slye, Kent Greenawalt, Sanford Levinson, Martha Minow, Charles S. Maier, Charles Villa-Vicencio, and Wilhelm Verwoerd.
| Author | : Priscilla B. Hayner |
| Publisher | : Routledge |
| Total Pages | : 377 |
| Release | : 2010-09-13 |
| Genre | : History |
| ISBN | : 1135245584 |
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.
| Author | : Truth and Reconciliation Commission of Canada |
| Publisher | : James Lorimer & Company |
| Total Pages | : 673 |
| Release | : 2015-07-22 |
| Genre | : History |
| ISBN | : 1459410696 |
This is the Final Report of Canada's Truth and Reconciliation Commission and its six-year investigation of the residential school system for Aboriginal youth and the legacy of these schools. This report, the summary volume, includes the history of residential schools, the legacy of that school system, and the full text of the Commission's 94 recommendations for action to address that legacy. This report lays bare a part of Canada's history that until recently was little-known to most non-Aboriginal Canadians. The Commission discusses the logic of the colonization of Canada's territories, and why and how policy and practice developed to end the existence of distinct societies of Aboriginal peoples. Using brief excerpts from the powerful testimony heard from Survivors, this report documents the residential school system which forced children into institutions where they were forbidden to speak their language, required to discard their clothing in favour of institutional wear, given inadequate food, housed in inferior and fire-prone buildings, required to work when they should have been studying, and subjected to emotional, psychological and often physical abuse. In this setting, cruel punishments were all too common, as was sexual abuse. More than 30,000 Survivors have been compensated financially by the Government of Canada for their experiences in residential schools, but the legacy of this experience is ongoing today. This report explains the links to high rates of Aboriginal children being taken from their families, abuse of drugs and alcohol, and high rates of suicide. The report documents the drastic decline in the presence of Aboriginal languages, even as Survivors and others work to maintain their distinctive cultures, traditions, and governance. The report offers 94 calls to action on the part of governments, churches, public institutions and non-Aboriginal Canadians as a path to meaningful reconciliation of Canada today with Aboriginal citizens. Even though the historical experience of residential schools constituted an act of cultural genocide by Canadian government authorities, the United Nation's declaration of the rights of aboriginal peoples and the specific recommendations of the Commission offer a path to move from apology for these events to true reconciliation that can be embraced by all Canadians.
| Author | : American Bar Association. House of Delegates |
| Publisher | : American Bar Association |
| Total Pages | : 216 |
| Release | : 2007 |
| Genre | : Law |
| ISBN | : 9781590318737 |
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
| Author | : Jeffrey Davis |
| Publisher | : Cambridge University Press |
| Total Pages | : 257 |
| Release | : 2014 |
| Genre | : Law |
| ISBN | : 0521514363 |
This book studies how victims of human rights violations in Latin America, their families, and their advocates work to overcome entrenched impunity and seek legal justice. Their struggles show that legal justice is a multifaceted process, the overarching purpose of which is to restore human dignity and prevent further violence. Uncovering, revealing, and proving the truth are essential elements of legal justice, and are also powerful tools to activate the process. When faced with stubborn impunity at home, victims, families, and advocates can carry on their work for legal justice by bringing cases in courts in other countries or in the Inter-American human rights system. These extra-territorial courts can jumpstart the process of legal justice at home. Seeking Human Rights Justice in Latin America examines the political and legal struggle through the lens of the human story at the heart of these cases.
| Author | : Christian Henderson |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 391 |
| Release | : 2017-05-18 |
| Genre | : Law |
| ISBN | : 1782258760 |
A functional typology of commissions of inquiry / Patrick Butchard and Christian Henderson -- Hegemony and counter-hegemony : the politics of establishing United Nations commissions of inquiry / Michelle Farrell and Ben Murphy -- Lessons from two regional missions : fact-finding in Georgia and South Sudan / Rob Grace -- Domestic commissions of inquiry and international law : the importance of normative authority / Stephen Samuel and James A. Green -- Commissions of inquiry and traditional mechanisms of dispute settlement / Alexander Orakhelashvili -- Commissions of inquiry : courting international courts and tribunals / Christine Schwèobel-Patel -- The impact of international commissions of inquiry on the proceedings before the International Criminal Court / Triestino Mariniello -- The interplay between international human rights law and international humanitarian law in the practice of commissions of inquiry / Marco Odello -- Laying the foundations : commissions of inquiry and the development of international law / Shane Darcy -- Quo vadis? Commissions of inquiry and their implications for the coherence of international law / Russell Buchan -- Selectivity and choices in human rights fact-finding : reconciling subjectivity with objectivity? / Thâeo Boutruche -- Commissions of inquiry and procedural fairness / Alison Bisset -- A visible college : the community of fact-finding practice / Corinne Heaven.
| Author | : Jamie Rowen |
| Publisher | : Cambridge University Press |
| Total Pages | : 195 |
| Release | : 2017-08-11 |
| Genre | : Law |
| ISBN | : 1107108764 |
This book re-imagines transitional justice as a movement, and explains why truth commissions are promoted and created. By exploring how the movement developed, as well as efforts to create truth commissions in the Balkans, Colombia, and the US, it examines the processes through which political actors translate transitional justice into political action.
| Author | : Nicholas Rush Smith |
| Publisher | : Oxford University Press |
| Total Pages | : 320 |
| Release | : 2019-01-17 |
| Genre | : Political Science |
| ISBN | : 0190847212 |
Despite being one of the world's most vibrant democracies, police estimate between five and ten percent of the murders in South Africa result from vigilante violence. This is puzzling given the country's celebrated transition to democracy and massive reform of the state's legal institutions. Where most studies explain vigilantism as a response to state or civic failure, in Contradictions of Democracy, Nicholas Rush Smith illustrates that vigilantism is actually a response to the processes of democratic state formation. In the context of densely networked neighborhoods, vigilante citizens often interpret the technical success of legal institutions-for instance, the arrest and subsequent release of suspects on bail-as failure and work to correct such perceived failures on their own. Smith also shows that vigilantism provides a new lens through which to understand democratic state formation. Among young men of color in some parts of South Africa, fear of extra-judicial police violence is common. Amid such fear, instead of the state seeming protective, it can appear as something akin to a massive vigilante organization. An insightful look into the high rates of vigilantism in South Africa and the general challenges of democratic state building, Contradictions of Democracy explores fundamental questions about political order, the rule of law, and democratic citizenship.
