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Illiberal Transitional Justice And The Extraordinary Chambers In The Courts Of Cambodia
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Book Synopsis Illiberal Transitional Justice and the Extraordinary Chambers in the Courts of Cambodia by : Rebecca Gidley
Download or read book Illiberal Transitional Justice and the Extraordinary Chambers in the Courts of Cambodia written by Rebecca Gidley and published by Springer. This book was released on 2019-02-19 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the creation and operation of the Extraordinary Chambers in the Courts of Cambodia (ECCC), which is a hybrid domestic/international tribunal tasked with putting senior leaders of the Khmer Rouge on trial. It argues that the ECCC should be considered an example of illiberal transitional justice, where the language of procedure is strongly adhered to but political considerations often rule in reality. The Cambodian government spent nearly two decades addressing the Khmer Rouge past, and shaping its preferred narrative, before the involvement of the United Nations. It was a further six years of negotiations between the Cambodian government and the United Nations that determined the unique hybrid structure of the ECCC. Over more than a decade in operation, and with three people convicted, the ECCC has not contributed to the positive goals expected of transitional justice mechanisms. Through the Cambodian example, this book challenges existing assumptions and analyses of transitional justice to create a more nuanced understanding of how and why transitional justice mechanisms are employed.
Book Synopsis Illiberal Transitional Justice by : Rebecca Anna Gidley
Download or read book Illiberal Transitional Justice written by Rebecca Anna Gidley and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Extraordinary Chambers in the Courts of Cambodia (ECCC) was created by an agreement between the Cambodian government and the United Nations with a mandate to put Khmer Rouge leaders on trial for crimes committed during their 1970s regime. Judicial responses, such as the ECCC, to periods of mass violence have been termed transitional justice since the 1990s. Although the definitions of transitional justice are very broad, the explanations and analyses offered by the literature contain implicit assumptions that transitional justice is being implemented as part of a transition towards liberal democracy. In this thesis I use the case of Cambodia to challenge these assumptions and propose a new category of illiberal transitional justice. Before the creation of the ECCC began, the Cambodian government had spent nearly two decades shaping the narrative of the Khmer Rouge period to suit its political interests. When the United Nations became involved in discussions for a Khmer Rouge tribunal the government was concerned to protect itself and this narrative. The negotiations took place over six years where both sides competed for control over the mechanism. This competition for control was then transferred to the national and international sides of the court once the ECCC became operational. Although all actors involved in the ECCC frequently invoked the language of procedure, in practice procedures were easily dismissed if they were inconvenient. Given this discussion of the ECCC's establishment and operation, I consider the court in light of the expectations of the transitional justice literature. The ECCC was not adhering to the assumed outcomes regarding ending impunity, building the rule of law, or strengthening democracy, and instead these changes were being actively impeded by the Cambodian government. Rather than pursuing these expected goals the Cambodian government was using the ECCC to enhance its international legitimacy and to strengthen its domestic political control. I argue that the ECCC should be considered an archetypal example of illiberal transitional justice. Cases of illiberal transitional justice sit on a spectrum between liberal transitional justice, which currently dominates the literature, and cases of transitional justice employed by repressive regimes, which are largely ignored in the literature. The ECCC, as a case of illiberal transitional justice, sits on the boundary between legitimacy and illegitimacy. The court maintained its legitimacy through the ongoing UN involvement and adherence to the language of procedure, but this legitimacy was challenged by the political interference of the Cambodian government in the court's operation. Illiberal transitional justice is a different conception of what the rules are, how important they are, and when they are important. In this thesis I challenge existing assumptions and analyses of transitional justice to create a more nuanced understanding of how and why transitional justice mechanisms are employed.
Book Synopsis Research Handbook on Transitional Justice by : Cheryl Lawther
Download or read book Research Handbook on Transitional Justice written by Cheryl Lawther and published by Edward Elgar Publishing. This book was released on 2023-08-14 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a refreshing take on transitional justice, this second edition Research Handbook brings together an expanse of scholarly expertise to reconsider how societies deal with gross human rights violations, structural injustices and mass violence. Contextualised by historical developments, it covers a diverse range of concepts, actors and mechanisms of transitional justice, while shedding light on new and emerging areas in the field.
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: Explores innovative ways to build peace after large-scale violence by combining resilience, adaptive peacebuilding and transitional justice.
Book Synopsis Resisting Indonesia’s Culture of Impunity by : Jess Melvin
Download or read book Resisting Indonesia’s Culture of Impunity written by Jess Melvin and published by ANU Press. This book was released on 2023-08-31 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: Resisting Indonesia’s Culture of Impunity examines the role of Indonesia’s first truth and reconciliation commission—the Aceh Truth and Reconciliation Commission, or KKR Aceh—in investigating and redressing the extensive human rights violations committed during three decades of brutal separatist conflict (1976–2005) in the province of Aceh. The KKR Aceh was founded in late 2016, as a product of the 2005 peace deal between the Indonesian government and the Free Aceh Movement (GAM). It has since faced many challenges—not least from Indonesia’s security forces and former GAM leaders, who have joined together in their determination to maintain impunity for their respective roles in the conflict. Indeed, the commission would not have been established without the tireless work of civil society actors, including non-government organisations and other humanitarian groups. In Resisting Indonesia’s Culture of Impunity, the editors set out to amplify the role of these civil society actors in the KKR Aceh and in transitional justice in Indonesia. Each chapter has been written by a team of authors, composed predominantly of commissioners and staff from the KKR Aceh itself, members of key civil society organisations, and academics. Further, the editors aim to scrutinise the KKR Aceh from the inside and analyse the establishment and operation of what is perhaps the only genuine state-sponsored attempt to implement transitional justice in Indonesia today.
Book Synopsis Futures of International Criminal Justice by : Emma Palmer
Download or read book Futures of International Criminal Justice written by Emma Palmer and published by Routledge. This book was released on 2021-12-22 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection identifies and discusses problems and opportunities for the theory and practice of international criminal justice. The International Criminal Court and project of prosecuting international atrocity crimes have faced multiple challenges and critiques. In recent times, these have included changes in technology, the conduct of armed conflict, the environment, and geopolitics. The mostly emerging contributors to this collection draw on diverse socio-legal research frameworks to discuss proposals for the futures of international criminal justice. These include addressing accountability gaps and under-examined or emerging areas of criminality at, but also beyond, the International Criminal Court, especially related to technology and the environment. The book discusses the tensions between universalism and localisation, as well as the regionalisation of international criminal justice and how these approaches might adapt to dynamic organisational, political and social structures, at the ICC and beyond. The book will be of interest to students, researchers and academics. It will also be a useful resource for civil society representatives including justice advocates, diplomats and other government officials and policy-makers.
Book Synopsis Lawyers in Conflict and Transition by : Kieran McEvoy
Download or read book Lawyers in Conflict and Transition written by Kieran McEvoy and published by Cambridge University Press. This book was released on 2022-03-17 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: Studies what lawyers do in challenging contexts of conflict, authoritarianism, and the transition from violence.
Book Synopsis International Conflict and Security Law by : Sergey Sayapin
Download or read book International Conflict and Security Law written by Sergey Sayapin and published by Springer Nature. This book was released on 2022-07-21 with total page 1488 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique two-volume book covers virtually the whole spectrum of international conflict and security law. It proceeds from values protected by international law (Part I), through substantive rules in which these values are embodied (Part II), to international and domestic institutions that enforce the law (Part III). It subsequently deals with current challenges in the application of rules of international conflict and security law (Part IV), and crimes as the most serious violations of those rules (Part V). Finally, in the section on case studies (Part VI), lessons learnt from a number of conflict situations are discussed. Written by an international team of experts representing all the major legal systems of the world, the book is intended as a reference work for students and researchers, domestic and international judges, as well as for legal advisers to governments and international and non-governmental organisations. Sergey Sayapin is Associate Professor and Associate Dean at KIMEP University, School of Law in Almaty, Kazakhstan. Rustam Atadjanov is Assistant Professor at KIMEP University, School of Law in Almaty, Kazakhstan. Umesh Kadam is formerly Additional Professor at the National Law School of India University, Bangalore, India and Legal Adviser with the International Committee of the Red Cross. Gerhard Kemp is Professor of Law at the University of Derby in the United Kingdom. Nicolás Zambrana-Tévar is Associate Professor at KIMEP University, School of Law in Almaty, Kazakhstan. Noëlle Quénivet is Professor in International Law at the University of the West of England, Bristol Law School in the United Kingdom.
Book Synopsis Practices of Reparations in International Criminal Justice by : Christoph Sperfeldt
Download or read book Practices of Reparations in International Criminal Justice written by Christoph Sperfeldt and published by Cambridge University Press. This book was released on 2022-07-07 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores how reparations in international criminal justice have been constituted and contested in various social contexts.
Book Synopsis Everyday Reconciliation in Post-Khmer Rouge Cambodia by : SungYong Lee
Download or read book Everyday Reconciliation in Post-Khmer Rouge Cambodia written by SungYong Lee and published by Springer Nature. This book was released on 2022-10-21 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the nature of everyday peace mobilised in post-conflict settings. It specifically aims to examine the reconstruction of relationships between local communities and former Khmer Rouge leaders in Cambodia, using social reconciliation as an indicator of peace. Based on the empirical examination, this study will reveal key features of everyday peace like plurality, connectivity and subtlety, and local communities’ agency for peacebuilding. Research questions that will be examined include what does everyday peace look like? What forms of everyday practice have community members developed and utilised? How is the local process for relationship building related to the wider peacebuilding and governance contexts in the country? And how have community members handled and destabilised the mainstream narratives related to the Khmer Rouge in the process? The volume will present new conceptual and theoretical innovations relevant to the central debates on everyday peace, with an empirical examination of Cambodia.
Book Synopsis Adapting International Criminal Justice in Southeast Asia by : Emma Palmer
Download or read book Adapting International Criminal Justice in Southeast Asia written by Emma Palmer and published by Cambridge University Press. This book was released on 2020-05-14 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: How is international criminal law adapted across time and space? Which actors are involved and how do those actors seek to prosecute atrocity crimes? States in Southeast Asia exhibit a range of adapted approaches toward prosecuting international crimes. By examining engagement with international criminal justice especially in Cambodia, the Philippines, Indonesia, and Myanmar, this book offers a fresh and comprehensive approach to the study of international criminal law in the region. It nuances categories of the 'global' and 'local' and demonstrates how norms can be adapted in multiple spatial and temporal directions beyond the International Criminal Court. It proposes a shift in the focus of those interested in international criminal justice toward recognising the opportunities and expertise presented by existing adaptive responses to international crimes. This book will appeal to scholars, practitioners and advocates interested in international criminal law, international relations, transitional justice, civil society, and law in Southeast Asia.
Book Synopsis Methods, Moments, and Ethnographic Spaces in Asia by : Nayantara S. Appleton
Download or read book Methods, Moments, and Ethnographic Spaces in Asia written by Nayantara S. Appleton and published by Rowman & Littlefield. This book was released on 2021-04-15 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: Asia is changing. Socio-political shifts in the world economy, technological advances of monumental scales, movements of people and ideas, alongside ongoing post-colonization projects across the region have created an emerging Asia – one confident and assertive of its place in the contemporary geopolitical sphere. As political and economic powers reassert Asian sovereignty in opposition to perceived Northern dominance, and dramatic and rapid development in the region shift the relationship between the centre and the periphery, new renderings and imaginations of hierarchies of identity and power come to the fore. This changing environment leads to emerging challenges for anthropologists working in the region: both those who have been working there for years, and new scholars entering the field. This volume considers these changes, and the implications of this on our practice. By focusing on Asia as a site of enquiry, the contributors to this book discuss tensions and opportunities arising in their ethnographic fieldwork in light of a changing Asia. Drawing on personal reflections on Asia’s global positioning in this contemporary moment, the contributors consider how fieldwork is being negotiated within the changing dynamics of anthropology in the region. This book then, is a discussion on the shifting landscape of field sites and the resultant emerging research methodologies, and is aimed at those who are already deeply immersed in fieldwork as well as those who are seeking ways to undertake it.
Book Synopsis Cambodian Genocide by : Paul R. Bartrop
Download or read book Cambodian Genocide written by Paul R. Bartrop and published by Bloomsbury Publishing USA. This book was released on 2022-02-04 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important reference work offers students a comprehensive overview of the Cambodian Genocide, with more than 90 in-depth articles by leading scholars on an array of topics and themes, supplemented by key primary source documents. Providing an indispensable resource for students and policy makers investigating the Cambodian catastrophes of the 1960s, 1970s, and 1980s, together with international crisis management in the modern world, Cambodian Genocide provides a comprehensive survey of the leaders, ideas, movements, and events pertaining to one of the worst genocidal explosions of the post-World War II period. This book includes a series of essays examining various aspects of the Cambodian Genocide; A-Z entries dealing with leaders, ideals, movements, and events; a collection of primary documents; a chronology; and a comprehensive bibliography. It will be of interest to students undertaking the study of genocide in the modern world; research libraries; and anyone with an interest in modern wars, international crisis management, and peacekeeping/peacemaking.
Download or read book Home SOS written by Katherine Brickell and published by John Wiley & Sons. This book was released on 2020-05-21 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on 15 years of fieldwork and over 300 interviews, Home SOS argues that the home is central to the violence and gendered contingency of existence in crisis ordinary Cambodia. Provides an original book-length study which brings domestic violence and forced eviction into twin view Offers relational insights between different violences to build an integrated understanding of women’s experiences of home life Mobilises the crisis ordinary as a critical pedagogy and imaginary through which to understand everyday gendered politics of survival Positions domestic violence and forced eviction as manifestations of intimate war against women’s homes and bodies located inside and outside of the traditional purview of war Reaffirms and reprioritises the home as a political entity which is foundational to the concerns of human geography
Book Synopsis Peace and the politics of memory by : Johanna Mannergren
Download or read book Peace and the politics of memory written by Johanna Mannergren and published by Manchester University Press. This book was released on 2024-07-09 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important book provides new understandings of how the politics of memory impacts peace in societies transitioning from a violent past. It does so by developing a theoretical approach focusing on the intersection of sites, agency, narratives, and events in memory-making. Drawing on rich empirical studies of mnemonic formations in Cyprus, Bosnia and Herzegovina, Rwanda, South Africa and Cambodia, the book speaks to a broad audience. The in-depth, cross-case analysis shows that inclusivity, pluralism, and dignity in memory politics are key to the construction of a just peace. The book contributes crucial and timely knowledge about societies that grapple with the painful legacies of the past and advances the study of memory and peace.
Book Synopsis The Politics of Rights and Southeast Asia by : Lynette J. Chua
Download or read book The Politics of Rights and Southeast Asia written by Lynette J. Chua and published by Cambridge University Press. This book was released on 2022-07-07 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this Element, I introduce the socio-legal study of politics of rights as the theoretical framework to understand rights in the culturally and politically diverse region of Southeast Asia. The politics of rights framework is empirically grounded and treats rights as social practices whereby rights' meanings and implications emerge from being put into action or mobilised. I elaborate on the concepts underlying politics of rights and develop an analysis of rights in Southeast Asia using this framework. The analysis focusses on: what are the structural conditions that influence the emergence of rights mobilisation? How do people mobilise rights and what forms does rights mobilisation take? What are the consequences of rights mobilisation and how do we assess them? I hope that this view of politics of rights - from a Global South region and from the ground - can encourage more astute evaluations of the power of rights.
Book Synopsis Transitional Justice and Memory in Cambodia by : Peter Manning
Download or read book Transitional Justice and Memory in Cambodia written by Peter Manning and published by Taylor & Francis. This book was released on 2017-06-26 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: Memories of violence, suffering and atrocities in Cambodia are today being pulled in different directions. A range of transitional justice practices have been put to work in the name of redressing, restoring and renewing memory. At the centre of this stage is the Extraordinary Chambers in the Courts of Cambodia (ECCC), a hybrid tribunal established to prosecute the leaders of the Khmer Rouge regime, under which 1.6 million Cambodians died of hunger or disease or were executed. This book unpicks the way memory is reconstructed through appeals to a national memory, the legal reframing and coding of memories as crimes, and bids to locate personal memories within collective biographies. Analysing the techniques and interventions of the ECCC, as well as exploring the role of non-governmental organisations (NGOs), the book explores the relationships in which Cambodian communities navigate memories of political violence. This book is essential for understanding transitional justice in Cambodia in, and beyond, the courtroom. Transitional Justice and Memory in Cambodia shows that the governing logic of transitional justice interventions – that societies are unable to 'deal with' memories of atrocity and violence without some form of transitional justice mechanism – neglects the complexity of memory and remembering in post-atrocity contexts and the agency of the subjects to which such mechanisms are addressed. Drawing on documentary sources, legal transcripts, interviews and participant observation data, the book situates transitional justice processes in Cambodia within a wider context of social and cultural memory politics, examining (old and new) conflicts of memory that have emerged between the varied accounts and uses of the past that exist in Cambodia now. As such, it will appeal to students and scholars in sociology, human rights, law and criminology.
