Bridging Divides In Transitional Justice

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Bridging Divides in Transitional Justice

Author : Cheryl S. White
Publisher :
ISBN 13 : 9781780684406
Total Pages : 0 pages
Book Rating : 4.6/5 (844 download)

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Book Synopsis Bridging Divides in Transitional Justice by : Cheryl S. White

Download or read book Bridging Divides in Transitional Justice written by Cheryl S. White and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The backdrop to Bridging Divides in Transitional Justice is Cambodia's history of radical Communist revolution (1975-1979) under the brutal Khmer Rouge regime, and the culture of impunity and silence imposed on the society by successive national governments for close to three decades. Dialogue on the suppressed past began in 2006 as key figures of the regime were brought before the in situ internationalized criminal court, the Extraordinary Chambers in the Courts of Cambodia (ECCC). This book engages with the dissonance between the expressivism of idealized international criminal trials and their communicative or discursive value within the societies most affected by their operation. An alternative view of the transitional trial is posited as the author elucidates the limits of expressivism and explores the communicative dynamics of ECCC trial procedure which have precipitated unprecedented local debate and reflection on the Khmer Rouge era. From transcripts of the proceedings, exchanges between trial participants-including witnesses, civil parties and the accused-are examined to show how, at times, the retributive proceedings assumed the character of restorative justice and encompassed significant dialogue on current social issues, such as the victim/perpetrator equation and the nature of ongoing post-traumatic stress disorder flowing from the events that took place under this violent regime. This title is a revised & edited dissertation. (Series: Series on Transitional Justice, Vol. 23) Subject: Cambodian Law, Criminal Law, International Law]

Amnesty, Human Rights and Political Transitions

Author : Louise Mallinder
Publisher : Bloomsbury Publishing
ISBN 13 : 1847314570
Total Pages : 632 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Amnesty, Human Rights and Political Transitions by : Louise Mallinder

Download or read book Amnesty, Human Rights and Political Transitions written by Louise Mallinder and published by Bloomsbury Publishing. This book was released on 2008-09-10 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt: Amnesty laws are political tools used since ancient times by states wishing to quell dissent, introduce reforms, or achieve peaceful relationships with their enemies. In recent years, they have become contentious due to a perception that they violate international law, particularly the rights of victims, and contribute to further violence. This view is disputed by political negotiators who often argue that amnesty is a necessary price to pay in order to achieve a stable, peaceful, and equitable system of government. This book aims to investigate whether an amnesty necessarily entails a violation of a state's international obligations, or whether an amnesty, accompanied by alternative justice mechanisms, can in fact contribute positively to both peace and justice. This study began by constructing an extensive Amnesty Law Database that contains information on 506 amnesty processes in 130 countries introduced since the Second World War. The database and chapter structure were designed to correspond with the key aspects of an amnesty: why it was introduced, who benefited from its protection, which crimes it covered, and whether it was conditional. In assessing conditional amnesties, related transitional justice processes such as selective prosecutions, truth commissions, community-based justice mechanisms, lustration, and reparations programmes were considered. Subsequently, the jurisprudence relating to amnesty from national courts, international tribunals, and courts in third states was addressed. The information gathered revealed considerable disparity in state practice relating to amnesties, with some aiming to provide victims with a remedy, and others seeking to create complete impunity for perpetrators. To date, few legal trends relating to amnesty laws are emerging, although it appears that amnesties offering blanket, unconditional immunity for state agents have declined. Overall, amnesties have increased in popularity since the 1990s and consequently, rather than trying to dissuade states from using this tool of transitional justice, this book argues that international actors should instead work to limit the more negative forms of amnesty by encouraging states to make them conditional and to introduce complementary programmes to repair the harm and prevent a repetition of the crimes. David Dyzenhaus "This is one of the best accounts in the truth and reconciliation literature I've read and certainly the best piece of work on amnesty I've seen." Diane Orentlicher "Ms Mallinder's ambitious project provides the kind of empirical treatment that those of us who have worked on the issue of amnesties in international law have long awaited. I have no doubt that her book will be a much-valued and widely-cited resource."

The Conceptual Foundations of Transitional Justice

Author : Colleen Murphy
Publisher : Cambridge University Press
ISBN 13 : 1108228607
Total Pages : 233 pages
Book Rating : 4.1/5 (82 download)

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Book Synopsis The Conceptual Foundations of Transitional Justice by : Colleen Murphy

Download or read book The Conceptual Foundations of Transitional Justice written by Colleen Murphy and published by Cambridge University Press. This book was released on 2017-04-19 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many countries have attempted to transition to democracy following conflict or repression, but the basic meaning of transitional justice remains hotly contested. In this book, Colleen Murphy analyses transitional justice - showing how it is distinguished from retributive, corrective, and distributive justice - and outlines the ethical standards which societies attempting to democratize should follow. She argues that transitional justice involves the just pursuit of societal transformation. Such transformation requires political reconciliation, which in turn has a complex set of institutional and interpersonal requirements including the rule of law. She shows how societal transformation is also influenced by the moral claims of victims and the demands of perpetrators, and how justice processes can fail to be just by failing to foster this transformation or by not treating victims and perpetrators fairly. Her book will be accessible and enlightening for philosophers, political and social scientists, policy analysts, and legal and human rights scholars and activists.

Beyond Ethnicism

Author : Wairimu Nderitu
Publisher : African Books Collective
ISBN 13 : 9966190341
Total Pages : 173 pages
Book Rating : 4.9/5 (661 download)

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Book Synopsis Beyond Ethnicism by : Wairimu Nderitu

Download or read book Beyond Ethnicism written by Wairimu Nderitu and published by African Books Collective. This book was released on 2015-12-29 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: The manual, Beyond Ethnicism. Exploring Racial and Ethnic Diversity for Educators, a first of its kind in Kenya, speaks to the key issues of ethnic and racial belonging that are such a key-determining factor in defining and dividing Kenyans. These two issues influence many social, economic and especially political decisions. The manual transcends the limitations of current discussions on ethnicism and racism. Questions of ethnic and racial belonging are connected to some of the deepest moral and political decisions of our time. Belonging is an emotional subject that as a country citizens should not lose capacity to discuss coherently. An educator who wanted to know how to end ethnicism and racism inspired the writing of this manual. Ethnic and racial favoritism as well as discrimination have seeped into the Kenyan education system. Educators sit in staff-rooms as members of political parties or ethnic communities and sometimes consciously or unconsciously perpetuate ethnic and racial stereotypes and prejudices. Educators find talking about ethnicism and racism difficult. They do not know where to begin yet they can recognise ethnicism and racism in learners. Sometimes they practice it themselves, favouring or discriminating learners on the basis of ethnicity or race. Educators are sometimes helpless in arresting ethnicist and racist practices in their learners or themselves, as they do not have the tools to do so. This manual is a practical resource which assists educators in contextualising ethnic and race related concerns without undermining the human rights, it also helps in creating the space for discourse amongst educators on how to combat ethnicism and racism. It asks rarely addressed critical and significant questions on the meaning of ethnic and racial belonging. The manual addresses the arresting of stereotypes and prejudice before they morph into actual discrimination and sometimes violence.

Thin Sympathy

Author : Joanna R. Quinn
Publisher : University of Pennsylvania Press
ISBN 13 : 0812253167
Total Pages : 236 pages
Book Rating : 4.8/5 (122 download)

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Book Synopsis Thin Sympathy by : Joanna R. Quinn

Download or read book Thin Sympathy written by Joanna R. Quinn and published by University of Pennsylvania Press. This book was released on 2021-05-28 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: In helping deeply divided societies come to terms with a troubled past, transitional justice often fails to produce the intended results. Thin Sympathy argues that the acquisition of a basic understanding of what has taken place in the past will enable the development of a more durable transitional justice process.

Transitional Justice Theories

Author : Susanne Buckley-Zistel
Publisher : Routledge
ISBN 13 : 1135055068
Total Pages : 239 pages
Book Rating : 4.1/5 (35 download)

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Book Synopsis Transitional Justice Theories by : Susanne Buckley-Zistel

Download or read book Transitional Justice Theories written by Susanne Buckley-Zistel and published by Routledge. This book was released on 2013-10-30 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Transitional Justice and the Public Sphere

Author : Chrisje Brants
Publisher : Bloomsbury Publishing
ISBN 13 : 1509900179
Total Pages : 533 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Transitional Justice and the Public Sphere by : Chrisje Brants

Download or read book Transitional Justice and the Public Sphere written by Chrisje Brants and published by Bloomsbury Publishing. This book was released on 2017-11-02 with total page 533 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transparency is a fundamental principle of justice. A cornerstone of the rule of law, it allows for public engagement and for democratic control of the decisions and actions of both the judiciary and the justice authorities. This book looks at the question of transparency within the framework of transitional justice. Bringing together scholars from across the disciplinary spectrum, the collection analyses the issue from socio-legal, cultural studies and practitioner perspectives. Taking a three-part approach, it firstly discusses basic principles guiding justice globally before exploring courts and how they make justice visible. Finally, the collection reviews the interface between law, transitional justice institutions and the public sphere.

Transitional Justice and Peacebuilding on the Ground

Author : Chandra Lekha Sriram
Publisher : Routledge
ISBN 13 : 1136191143
Total Pages : 315 pages
Book Rating : 4.1/5 (361 download)

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Book Synopsis Transitional Justice and Peacebuilding on the Ground by : Chandra Lekha Sriram

Download or read book Transitional Justice and Peacebuilding on the Ground written by Chandra Lekha Sriram and published by Routledge. This book was released on 2012-12-07 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to refine our understanding of transitional justice and peacebuilding, and long-term security and reintegration challenges after violent conflicts. As recent events following political change during the so-called 'Arab Spring' demonstrate, demands for accountability often follow or attend conflict and political transition. While traditionally much literature and many practitioners highlighted tensions between peacebuilding and justice, recent research and practice demonstrates a turn away from the supposed 'peace vs justice' dilemma. This volume examines the complex relationship between peacebuilding and transitional justice through the lenses of the increased emphasis on victim-centred approaches to justice and the widespread practices of disarmament, demobilization, and reintegration (DDR) of excombatants. While recent volumes have sought to address either DDR or victim-centred approaches to justice, none has sought to make connections between the two, much less to place them in the larger context of the increasing linkages between transitional justice and peacebuilding. This book will be of great interest to students of transitional justice, peacebuilding, human rights, war and conflict studies, security studies and IR.

Transitional Justice, Culture, and Society

Author : Clara Ramirez-Barat
Publisher :
ISBN 13 : 9780911400021
Total Pages : 0 pages
Book Rating : 4.4/5 ( download)

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Book Synopsis Transitional Justice, Culture, and Society by : Clara Ramirez-Barat

Download or read book Transitional Justice, Culture, and Society written by Clara Ramirez-Barat and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.

Transformative Justice

Author : Matthew Evans
Publisher : Routledge
ISBN 13 : 1351239449
Total Pages : 268 pages
Book Rating : 4.3/5 (512 download)

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Book Synopsis Transformative Justice by : Matthew Evans

Download or read book Transformative Justice written by Matthew Evans and published by Routledge. This book was released on 2018-06-27 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transitional justice mechanisms employed in post-conflict and post-authoritarian contexts have largely focused upon individual violations of a narrow set of civil and political rights, as well as the provision of legal and quasi-legal remedies, such as truth commissions, amnesties and prosecutions. In contrast, this book highlights the significance of structural violence in producing and reproducing rights violations. The book further argues that, in order to remedy structural violations of human rights, there is a need to utilise a different toolkit from that typically employed in transitional justice contexts. The book sets out and applies a definition of transformative justice as expanding upon, and providing an alternative to, transitional justice. Focusing on a comparative study of social movements, nongovernmental organisations and trade unions working on land and housing rights in South Africa, and their network relationships, the book argues that networks of this kind make an important contribution to processes advancing transformative justice.

Customary Justice and the Rule of Law in War-torn Societies

Author : Deborah Isser
Publisher : US Institute of Peace Press
ISBN 13 : 1601270666
Total Pages : 402 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis Customary Justice and the Rule of Law in War-torn Societies by : Deborah Isser

Download or read book Customary Justice and the Rule of Law in War-torn Societies written by Deborah Isser and published by US Institute of Peace Press. This book was released on 2011 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: The major peacekeeping and stability operations of the last ten years have mostly taken place in countries that have pervasive customary justice systems, which pose significant challenges and opportunities for efforts to reestablish the rule of law. These systems are the primary, if not sole, means of dispute resolution for the majority of the population, but post-conflict practitioners and policymakers often focus primarily on constructing formal justice institutions in the Western image, as opposed to engaging existing traditional mechanisms. This book offers insight into how the rule of law community might make the leap beyond rhetorical recognition of customary justice toward a practical approach that incorporates the realities of its role in justice strategies."Customary Justice and the Rule of Law in War-Torn Societies" presents seven in-depth case studies that take a broad interdisciplinary approach to the study of the justice system. Moving beyond the narrow lens of legal analysis, the cases Mozambique, Guatemala, East Timor, Afghanistan, Liberia, Iraq, Sudan examine the larger historical, political, and social factors that shape the character and role of customary justice systems and their place in the overall justice sector. Written by resident experts, the case studies provide advice to rule of law practitioners on how to engage with customary law and suggest concrete ways policymakers can bridge the divide between formal and customary systems in both the short and long terms. Instead of focusing exclusively on ideal legal forms of regulation and integration, this study suggests a holistic and flexible palette of reform options that offers realistic improvements in light of social realities and capacity limitations. The volume highlights how customary justice systems contribute to, or detract from, stability in the immediate post-conflict period and offers an analytical framework for assessing customary justice systems that can be applied in any country. "

The Justice Cascade

Author : Kathryn Sikkink
Publisher : W. W. Norton & Company
ISBN 13 : 0393079937
Total Pages : 353 pages
Book Rating : 4.3/5 (93 download)

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Book Synopsis The Justice Cascade by : Kathryn Sikkink

Download or read book The Justice Cascade written by Kathryn Sikkink and published by W. W. Norton & Company. This book was released on 2011-08-23 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past three decades, hundreds of government officials have gone from being immune to any accountability for their human rights violations to being the subjects of highly publicized trials in Latin America, Europe, and Africa, resulting in enormous media attention and severe consequences. Here, renowned scholar Kathryn Sikkink brings to light the groundbreaking emergence of these human rights trials as a modern political tool, one that is changing the face of global politics as we know it. Drawing on personal experience and extensive research, Sikkink explores the building of this movement toward justice, from its roots in Nuremberg to the watershed trials in Greece and Argentina. She shows how the foundations for the stunning, public indictments of Slobodan Milošević and Augusto Pinochet were laid by the long, tireless activism of civilians, many of whose own families had been destroyed, and whose fight for justice sometimes came at the risk of their own lives and careers. She also illustrates what effect the justice cascade has had on democracy, conflict, and repression, and what it means for leaders and citizens everywhere, including the policymakers behind our own "war on terror."--From publisher description.

Transitional Justice and Development

Author : Pablo De Greiff
Publisher :
ISBN 13 : 9780979077296
Total Pages : 0 pages
Book Rating : 4.0/5 (772 download)

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Book Synopsis Transitional Justice and Development by : Pablo De Greiff

Download or read book Transitional Justice and Development written by Pablo De Greiff and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: As developing societies emerge from legacies of conflict and authoritarianism, they are frequently beset by poverty, inequality, weak institutions, broken infrastructure, poor governance, insecurity, and low levels of social capital. These countries also tend to propagate massive human rights violations, which displace victims who are marginalized, handicapped, widowed, and orphaned--in other words, people with strong claims to justice. Those who work with others to address development and justice often fail to supply a coherent response to these concerns. The essays in this volume confront the intricacies--and interconnectedness--of transitional governance issues head on, mapping the relationship between two fields that, academically and in practice, have grown largely in isolation of one another. The result of a research project conducted by the International Center for Transitional Justice (ICTJ), this book explains how justice and recovery can be aligned not only in theory but also in practice, among both people and governments as they reform.

Identities in Transition

Author : Paige Arthur
Publisher : Cambridge University Press
ISBN 13 : 1139495542
Total Pages : 393 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Identities in Transition by : Paige Arthur

Download or read book Identities in Transition written by Paige Arthur and published by Cambridge University Press. This book was released on 2010-12-13 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: In many societies, histories of exclusion, racism and nationalist violence often create divisions so deep that finding a way to deal with the atrocities of the past seems nearly impossible. These societies face difficult practical questions about how to devise new state and civil society institutions that will respond to massive or systematic violations of human rights, recognize victims and prevent the recurrence of abuse. Identities in Transition: Challenges for Transitional Justice in Divided Societies brings together a rich group of international researchers and practitioners who, for the first time, examine transitional justice through an 'identity' lens. They tackle ways that transitional justice can act as a means of political learning across communities; foster citizenship, trust and recognition; and break down harmful myths and stereotypes, as steps toward meeting the difficult challenges for transitional justice in divided societies.

Resilience, Adaptive Peacebuilding and Transitional Justice

Author : Janine Natalya Clark
Publisher : Cambridge University Press
ISBN 13 : 110891151X
Total Pages : 309 pages
Book Rating : 4.1/5 (89 download)

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Book Synopsis Resilience, Adaptive Peacebuilding and Transitional Justice by : Janine Natalya Clark

Download or read book Resilience, Adaptive Peacebuilding and Transitional Justice written by Janine Natalya Clark and published by Cambridge University Press. This book was released on 2021-10-07 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Processes of post-war reconstruction, peacebuilding and reconciliation are partly about fostering stability and adaptive capacity across different social systems. Nevertheless, these processes have seldom been expressly discussed within a resilience framework. Similarly, although the goals of transitional justice – among them (re)establishing the rule of law, delivering justice and aiding reconciliation – implicitly encompass a resilience element, transitional justice has not been explicitly theorised as a process for building resilience in communities and societies that have suffered large-scale violence and human rights violations. The chapters in this unique volume theoretically and empirically explore the concept of resilience in diverse societies that have experienced mass violence and human rights abuses. They analyse the extent to which transitional justice processes have – and can – contribute to resilience and how, in so doing, they can foster adaptive peacebuilding. This book is available as Open Access.

The Liberal Peace and Post-War Reconstruction

Author : Roger MacGinty
Publisher : Routledge
ISBN 13 : 1317989708
Total Pages : 135 pages
Book Rating : 4.3/5 (179 download)

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Book Synopsis The Liberal Peace and Post-War Reconstruction by : Roger MacGinty

Download or read book The Liberal Peace and Post-War Reconstruction written by Roger MacGinty and published by Routledge. This book was released on 2013-09-13 with total page 135 pages. Available in PDF, EPUB and Kindle. Book excerpt: This critical and comparative book is comprised of arguments for and against the dominant western style of peace interventions and post-war reconstruction that has been applied around the world. It examines and assesses the nature of the peace that these have achieved or offer for the future.

Transitional Justice in Tunisia

Author : Simon Robins
Publisher :
ISBN 13 : 9781032007014
Total Pages : 0 pages
Book Rating : 4.0/5 (7 download)

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Book Synopsis Transitional Justice in Tunisia by : Simon Robins

Download or read book Transitional Justice in Tunisia written by Simon Robins and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book engages comprehensively with the dynamics of the transitional justice process in Tunisia and its mechanisms, elaborating lessons for transitional justice practice globally. Grounded in new empirical material as well as a broader awareness of transitional justice, this book provides a thorough assessment of transitional justice in Tunisia. Beyond an overview of the process, it critically engages with key questions such as the extent to which the process articulated global contemporary practice, such as liberal state-building and narrow conceptions of justice as civil-political rights, and to which it generated novel approaches at odds with the mainstream that can inform global practice. The book examines how the transitional justice process in Tunisia has been contextualised and made relevant to the nation's circumstances and needs. It looks at innovation at the level of formal mechanisms and at the dynamics of mobilisation and contestation surrounding transitional justice both from civil society organisations and victims' groups. Bringing together analysis from legal scholars, social scientists as well as activists and practitioners, the book challenges the legalism of transitional justice discourse globally, engendering a dialogue between these legal and judicial approaches on the one hand and alternative, more diverse and radical approaches to justice on the other, in order to both deal with the past and to address ongoing injustice. This first book in English to address the dynamics and mechanisms of the transitional justice process in Tunisia will appeal to students and scholars of transitional justice, human rights, peacebuilding, conflict and peace studies, development, and security studies, as well as policymakers and practitioners in these fields, and others with interests in Middle Eastern studies.