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Elections, Violence and Transitional Justice in Africa

Elections, Violence and Transitional Justice in Africa
Author: Elias O. Opongo
Publisher: Routledge
Total Pages: 229
Release: 2022-05-29
Genre: Political Science
ISBN: 1000593053

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Elections in Africa are competitive in nature and can be manipulated by incumbents to extend and entrench their rule through changes to constitutions, intimidation of opponents, excess use of police force and, in some cases, assassinations of dissident voices. Ethnic cleavages are also exploited by contestants to incite and mobilize unsuspecting masses to pursue their electoral ambitions which can lead to political instability. In many African countries, violence before, during and after elections has become a regrettable norm rather than the exception. The function of transitional justice is to address the legacy of human rights atrocities, political violence and societal harm resulting from prior misrule or violent conflicts, with a view to establishing fair, democratic and inclusive societies. This book interrogates the potential intersection between transitional justice and electoral processes. Specifically, it examines the hypothesis that transitional justice interventions that strive to address historical injustices perpetrated by violence, conflict and entrenched by socio-political impunity, can initiate preventive measures against electoral violence through redress, accountability and institutional reforms. The contributors to this volume have engaged with country case studies from across Africa, while examining the intersection between transitional justice and electoral processes. Hence, this is a timely volume that highlights the uninterrogated nexus between elections, violence and transitional justice in Africa.


Transition and Justice

Transition and Justice
Author: Gerhard Anders
Publisher: John Wiley & Sons
Total Pages: 256
Release: 2014-12-23
Genre: Political Science
ISBN: 1118944763

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Transition and Justice examines a series of cases from across the African continent where peaceful ‘new beginnings’ were declared after periods of violence and where transitional justice institutions helped define justice and the new socio-political order. Offers a new perspective on transition and justice in Africa transcending the institutional limits of transitional justice Covers a wide range of situations, and presents a broad range of sites where past injustices are addressed Examines cases where peaceful ‘new beginnings’ have been declared after periods of violence Addresses fundamental questions about transitions and justice in societies characterized by a high degree of external involvement and internal fragmentation


Peace Versus Justice?

Peace Versus Justice?
Author: Chandra Lekha Sriram
Publisher: James Currey Limited
Total Pages: 0
Release: 2010
Genre: Literary Collections
ISBN: 9781847010216

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This book offers fresh insights on the `justice versus peace' dilemma, examining the challenges and prospects for promoting both peace and accountability, specifically in African countries affected by conflict or political violence. Peace versus Justice? draws on the expertise of many insider analysts, individuals who are not only authorities on transitional accountability processes, but who have participated in them, whether as legal practitioners or commissioners. This volume examines the wide array of experiences with transitional justice both within and outside states on the continent, spanning a range of countries including South Africa, Nigeria, Ghana, Liberia, Sierra Leone, Rwanda, Mozambique, Sudan, Uganda, Democratic Republic of Congo, and the Central African Republic. While the primary focus is on processes in Africa, many of the contributors also draw on lessons from earlier processes elsewhere in the world, particularly Latin America. The chapters in this volume consider a wide range of approaches to accountability and peacebuilding. These include not only domestic courts and tribunals, hybrid tribunals, or the International Criminal Court, but also truth commissions and informal or non-state justice and conflict resolution processes. Taken together, they demonstrate the wealth of experiences and experimention in transitional justice processes on the continent.


Transitional Justice in Africa

Transitional Justice in Africa
Author: Ruth Murambadoro
Publisher: Springer Nature
Total Pages: 174
Release: 2020-06-25
Genre: Political Science
ISBN: 3030480925

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This book provides insight on the effect of political violence and transitional justice in Africa focusing on Zimbabwe and comparing it to Rwanda, Uganda and Mozambique. The case of Zimbabwe is unique since political violence observed in some areas has manifested as contestations for power between members of various political parties. These political contestations have infiltrated family/clan structures at the community level and destroyed the human and social relations of people. Also, the author examines an understanding of how communities in the most polarized and conflict-ridden areas in Africa are addressing their past. The project would appeal to graduate students, academics, researchers and practitioners as it will help them to understand African justice systems and the complex network of relationships shaping justice processes during transitions.


Judging State-Sponsored Violence, Imagining Political Change

Judging State-Sponsored Violence, Imagining Political Change
Author: Bronwyn Leebaw
Publisher: Cambridge University Press
Total Pages: 223
Release: 2011-04-18
Genre: Political Science
ISBN: 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.


After Violence

After Violence
Author: Elin Skaar
Publisher: Routledge
Total Pages: 232
Release: 2015-04-17
Genre: Law
ISBN: 1317696913

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After Violence: Transitional Justice, Peace, and Democracy examines the effects of transitional justice on the development of peace and democracy. Anticipated contributions of transitional justice mechanisms are commonly stated in universal terms, with little regard for historically specific contexts. Yet a truth commission, for example, will not have the same function in a society torn by long-term civil war or genocide as in a society emerging from authoritarian repression. Addressing trials, reparations, truth commissions, and amnesties, the book systematically addresses the experiences of four very different contemporary transitional justice cases: post-authoritarian Uruguay and Peru and post-conflict Rwanda and Angola. Its analysis demonstrates that context is a crucial determinant of the impact of transitional justice processes, and identifies specific contextual obstacles and limitations to these processes. The book will be of much interest to scholars in the fields of transitional justice and peacebuilding, as well as students generally concerned with human rights and democratisation.


Transition and Justice

Transition and Justice
Author: Gerhard Anders
Publisher:
Total Pages:
Release: 2015
Genre: SOCIAL SCIENCE
ISBN: 9781118944745

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"This book examines a series of cases where peaceful 'new beginnings' have been declared after periods of violence and where transitional justice institutions played a role in defining justice and the new socio-political order"--


The Era of Transitional Justice

The Era of Transitional Justice
Author: Paul Gready
Publisher: Routledge
Total Pages: 607
Release: 2010-10-18
Genre: Law
ISBN: 1136902198

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The Era of Transitional Justice explores a broad set of issues raised by political transition and transitional justice through the prism of the South African TRC. South Africa constitutes a powerful case study of the enduring structural legacies of a troubled past, and of both the potential and limitations of transitional justice and human rights as agents of transformation in the contemporary era. South Africa‘s story has wider relevance because it helped to launch constitutional human rights and transitional justice as global discourses; as such, its own legacy is to some extent writ large in post-authoritarian and post-conflict contexts across the world. Based on a decade of research, and in an analysis that is both comparative and interdisciplinary, Paul Gready maintains that transitional justice needs to do more to address structural violence and in particular poverty, inequality and social and criminal violence as these have emerged as stubborn legacies from an oppressive or war-torn past in many parts of the world. Organised around four central themes new keyword conceptualisation (truth, justice, reconciliation); re-imagining human rights; engaging with the past and present; remaking the public sphere it is an argument that will be of considerable relevance to those interested in the law and politics of transitional societies.


Justice and Economic Violence in Transition

Justice and Economic Violence in Transition
Author: Dustin N. Sharp
Publisher: Springer Science & Business Media
Total Pages: 328
Release: 2013-09-14
Genre: Psychology
ISBN: 1461481724

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​​​​This book examines the role of economic violence (violations of economic and social rights, corruption, and plunder of natural resources) within the transitional justice agenda. Because economic violence often leads to conflict, is perpetrated during conflict, and continues afterwards as a legacy of conflict, a greater focus on economic and social rights issues in the transitional justice context is critical. One might add that insofar as transitional justice is increasingly seen as an instrument of peacebuilding rather than a simple political transition, focus on economic violence as the crucial “root cause” is key to preventing re-lapse into conflict. Recent increasing attention to economic issues by academics and truth commissions suggest this may be slowly changing, and that economic and social rights may represent the “next frontier” of transitional justice concerns. There remain difficult questions that have yet to be worked out at the level of theory, policy, and practice. Further scholarship in this regard is both timely, and necessary. This volume therefore presents an opportunity to fill an important gap. The project will bring together new papers by recognized and emerging scholars and policy experts in the field.​


The Politics of Memory

The Politics of Memory
Author: Alexandra Barahona De Brito
Publisher: OUP Oxford
Total Pages: 440
Release: 2001-04-05
Genre: Political Science
ISBN: 019152901X

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One of the most important political and ethical questions faced during a political transition from authoritarian or totalitarian to democratic rule is how to deal with legacies of repression. Indeed, some of the most fundamental questions regarding law, morality and politics are raised at such times, as societies look back to understand how they lost their moral and political compass, failing to contain violence and promote the values of tolerance and peace. The Politics of Memory sheds light on this important aspect of transitional politics, assessing how Portugal, Spain, the countries of Central and Eastern Europe and Germany after reunification, Russia, the Southern Cone of Latin America and Central America, as well as South Africa, have confronted legacies of repression. The book examines the presence - or absence - of three types of official efforts to come to terms with the past: truth commissions, trials and amnesties, and purges. In addition, it looks at unofficial initiatives emerging from within society, usually involving human rights organisations (HROs), churches or political parties. Where relevant, it also examines the 'politics of memory,' whereby societies re-work the past in an effort to come to terms with it, both during the transitions and long after official transitional policies have been implemented or forgotten. The book also assesses the significance of forms of reckoning with the past for a process of democratization or democratic deepening. It also focuses on the role of international actors in such processes, as external players are becoming increasingly influential in shaping national policy where human rights are concerned.