International Trials and Reconciliation

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Author :
Publisher : Routledge
ISBN 13 : 1317974751
Total Pages : 249 pages
Book Rating : 4.3/5 (179 download)

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Book Synopsis International Trials and Reconciliation by : Janine Natalya Clark

Download or read book International Trials and Reconciliation written by Janine Natalya Clark and published by Routledge. This book was released on 2014-06-20 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transitional justice is a burgeoning field of scholarly inquiry. Yet while the transitional justice literature is replete with claims about the benefits of criminal trials, too often these claims lack an empirical basis and hence remain unproven. While there has been much discussion about whether criminal trials can aid reconciliation, the extent to which they actually do so in practice remains under-explored. This book investigates the relationship between criminal trials and reconciliation, through a particular focus on the International Criminal Tribunal for the former Yugoslavia (ICTY). Using detailed empirical data – in the form of qualitative interviews and observations from five years of fieldwork – to assess and analyze the ICTY’s impact on reconciliation in Bosnia-Hercegovina, Croatia and Kosovo, International Trials and Reconciliation: Assessing the Impact of the International Criminal Tribunal for the former Yugoslavia argues that reconciliation is not a realistic aim for a criminal court. They are, Janine Clark argues, only one part of a rich tapestry of justice, which must also include non-retributive transitional justice processes and mechanisms. Challenging many of the common yet untested assumptions about the benefits of criminal trials, this innovative and extremely timely monograph will be invaluable for those with interests in the theory and practice of transitional justice.

Just and Unjust Peace

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Author :
Publisher : Oxford University Press
ISBN 13 : 0190248351
Total Pages : 367 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis Just and Unjust Peace by : Daniel Philpott

Download or read book Just and Unjust Peace written by Daniel Philpott and published by Oxford University Press. This book was released on 2015-03 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Just and Unjust Peace, Daniel Philpott offers an innovative and hopeful response to these questions. He challenges the approach to peace-building that dominates the United Nations, western governments, and the human rights community. While he shares their commitments to human rights and democracy, Philpott argues that these values alone cannot redress the wounds caused by war, genocide, and dictatorship. Both justice and the effective restoration of political order call for a more holistic, restorative approach. Philpott answers that call by proposing a form of political reconciliation that is deeply rooted in three religious traditions--Christianity, Islam, and Judaism--as well as the restorative justice movement. These traditions offer the fullest expressions of the core concepts of justice, mercy, and peace. By adapting these ancient concepts to modern constitutional democracy and international norms, Philpott crafts an ethic that has widespread appeal and offers real hope for the restoration of justice in fractured communities. From the roots of these traditions, Philpott develops six practices--building just institutions and relations between states, acknowledgment, reparations, restorative punishment, apology and, most important, forgiveness--which he then applies to real cases, identifying how each practice redresses a unique set of wounds.

International Trials and Reconciliation

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Author :
Publisher : Routledge
ISBN 13 : 1317974743
Total Pages : 276 pages
Book Rating : 4.3/5 (179 download)

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Book Synopsis International Trials and Reconciliation by : Janine Natalya Clark

Download or read book International Trials and Reconciliation written by Janine Natalya Clark and published by Routledge. This book was released on 2014-06-20 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transitional justice is a burgeoning field of scholarly inquiry. Yet while the transitional justice literature is replete with claims about the benefits of criminal trials, too often these claims lack an empirical basis and hence remain unproven. While there has been much discussion about whether criminal trials can aid reconciliation, the extent to which they actually do so in practice remains under-explored. This book investigates the relationship between criminal trials and reconciliation, through a particular focus on the International Criminal Tribunal for the former Yugoslavia (ICTY). Using detailed empirical data – in the form of qualitative interviews and observations from five years of fieldwork – to assess and analyze the ICTY’s impact on reconciliation in Bosnia-Hercegovina, Croatia and Kosovo, International Trials and Reconciliation: Assessing the Impact of the International Criminal Tribunal for the former Yugoslavia argues that reconciliation is not a realistic aim for a criminal court. They are, Janine Clark argues, only one part of a rich tapestry of justice, which must also include non-retributive transitional justice processes and mechanisms. Challenging many of the common yet untested assumptions about the benefits of criminal trials, this innovative and extremely timely monograph will be invaluable for those with interests in the theory and practice of transitional justice.

Societal Reconciliation, the Rule of Law and the Iraqi High Tribunal

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Author :
Publisher : Torkel Opsahl Academic EPublisher
ISBN 13 : 8283480049
Total Pages : 4 pages
Book Rating : 4.2/5 (834 download)

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Book Synopsis Societal Reconciliation, the Rule of Law and the Iraqi High Tribunal by : William H. Wiley

Download or read book Societal Reconciliation, the Rule of Law and the Iraqi High Tribunal written by William H. Wiley and published by Torkel Opsahl Academic EPublisher. This book was released on 2015-05-29 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Understanding Transitional Justice

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Publisher : Springer
ISBN 13 : 3319536060
Total Pages : 335 pages
Book Rating : 4.3/5 (195 download)

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Book Synopsis Understanding Transitional Justice by : Giada Girelli

Download or read book Understanding Transitional Justice written by Giada Girelli and published by Springer. This book was released on 2017-07-03 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is an accurate and accessible introduction to the complex and dynamic field of transitional and post-conflict justice, providing an overview of its recurring concepts and debated issues. Particular attention is reserved to how these concepts and issues have been addressed, both theoretically and literally, by lawyers, policy-makers, international bodies, and other actors informing the practice. By presenting significant, if undeniably disputable, alternatives to mainstream theories and past methods of addressing past injustice and (re)building a democratic state, the work aims to illustrate some foundational themes of transitional justice that have emerged from a diverse set of discussions. The author’s position thus arrives from a careful analysis of the advantages and disadvantages of answers to the question: how, after a traumatic social experience, is justice restored?

International Criminal Justice and Reconciliation

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Author :
Publisher : Torkel Opsahl Academic EPublisher
ISBN 13 : 8283480057
Total Pages : 4 pages
Book Rating : 4.2/5 (834 download)

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Book Synopsis International Criminal Justice and Reconciliation by : Carsten Stahn

Download or read book International Criminal Justice and Reconciliation written by Carsten Stahn and published by Torkel Opsahl Academic EPublisher. This book was released on 2015-05-29 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Trials and Tribulations of International Prosecution

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Publisher : Lexington Books
ISBN 13 : 0739169416
Total Pages : 361 pages
Book Rating : 4.7/5 (391 download)

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Book Synopsis Trials and Tribulations of International Prosecution by : Henry F. Carey

Download or read book Trials and Tribulations of International Prosecution written by Henry F. Carey and published by Lexington Books. This book was released on 2013-02-14 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: There have been many political dilemmas that impose structural constraints on the effort to legalize, judicialize, and criminalize normatively deviant behavior in international politics. The annual costs of these tribunals has peaked at approximately $400 million, of which $140 million is allocated to the ICC, the latter now having spent $1 billion in its first decade of existence. What has been the track record of these international criminal courts with jurisdiction to try heads of states and leading official and military officers? Has the domestic political will of states increased to prosecute their own leaders, following the ICC’s complimentary jurisdiction? How have powerful states supported these courts and how have they undermined them? In succeeding in punishing a number of high-profile cases, the tribunals arguably constitute what Habermas called communicative action that expresses the aspirations and nascent norms of international society. Beyond the confines of a specific of international cooperation, these courts are increasingly becoming norm entrepreneurs, defining the norms of coexistence among states, such that internal atrocities are seen not only as international crimes, but threats to the stability and order of international society. These courts are also redefining the attributes of what states must practice to preserve their reputations, a breach of which will prove increasingly costly. The tribunals are increasingly incentivizing and mobilizing informational networks from NGOs, IGOs, and states to document and publicize violations of international criminal law, thereby increasing exposure risks of perpetration. To be sure the patchwork of compliance and norm communication is fraught with double standards, hypocrisy, selective enforcement, and neoimperial delegitimation of the subaltern. Still, what has begun as institutions created in the absence of humanitarian action by the powerful may come to constitute normal state attributes similar to sovereignty, whose violation will be seen as not only illegitimate, but also meriting humanitarian action to correct and punish such behavior. The question remains whether ongoing impunity of both the powerful and the powerless will undermine or limit this potential.

Trial Justice

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Author :
Publisher : Zed Books Ltd.
ISBN 13 : 1848137931
Total Pages : 164 pages
Book Rating : 4.8/5 (481 download)

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Book Synopsis Trial Justice by : Tim Allen

Download or read book Trial Justice written by Tim Allen and published by Zed Books Ltd.. This book was released on 2013-04-04 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Court (ICC) has run into serious problems with its first big case -- the situation in northern Uganda. There is no doubt that appalling crimes have occurred here. Over a million people have been forced to live in overcrowded displacement camps under the control of the Ugandan army. Joseph Kony's Lord's Resistance Army has abducted thousands, many of them children and has systematically tortured, raped, maimed and killed. Nevertheless, the ICC has confronted outright hostility from a wide range of groups, including traditional leaders, representatives of the Christian Churches and non-governmental organizations. Even the Ugandan government, which invited the court to become involved, has been expressing serious reservations. Tim Allen assesses the controversy. While recognizing the difficulties involved, he shows that much of the antipathy towards the ICC's intervention is misplaced. He also draws out important wider implications of what has happened. Criminal justice sets limits to compromise and undermines established procedures of negotiation with perpetrators of violence. Events in Uganda have far reaching implications for other war zones - and not only in Africa. Amnesties and peace talks may never be quite the same again.

An Introduction to Transitional Justice

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1317373782
Total Pages : 333 pages
Book Rating : 4.3/5 (173 download)

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Book Synopsis An Introduction to Transitional Justice by : Olivera Simić

Download or read book An Introduction to Transitional Justice written by Olivera Simić and published by Taylor & Francis. This book was released on 2016-11-25 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: An Introduction to Transitional Justice provides the first comprehensive overview of transitional justice judicial and non-judicial measures implemented by societies to redress legacies of massive human rights abuse. Written by some of the leading experts in the field it takes a broad, interdisciplinary approach to the subject, addressing the dominant transitional justice mechanisms as well as key themes and challenges faced by scholars and practitioners. Using a wide historic and geographic range of case studies to illustrate key concepts and debates, and featuring discussion questions and suggestions for further reading, this is an essential introduction to the subject for students.

Atrocities and International Accountability

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Author :
Publisher :
ISBN 13 :
Total Pages : 340 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Atrocities and International Accountability by : Edel Hughes

Download or read book Atrocities and International Accountability written by Edel Hughes and published by . This book was released on 2007 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rebuilding societies where conflict has occurred is rarely a simple process. Where conflict has been accompanied by gross and systematic violations of human rights, the procedure becomes very controversial. The traditional debate on "transitional justice" sought to balance justice, truth, accountability, peace, and stability. The appearance of impunity for past crimes undermines confidence in new democratic structures and casts doubt upon commitments to human rights. Yet the need to consolidate peace sometimes resulted in reluctance on the part of authorities --both local and international --to confront suspected perpetrators of human rights violations, especially when they are a part of a peace process. Experience in many regions of the world therefore suggested a tradeoff between peace and justice. But that is changing. There is a growing consensus that some forms of justice and accountability are integral to --rather than in tension with --peace and stability. This volume considers whether we are truly going beyond the transitional justice debate. It brings together eminent scholars and practitioners with direct experience in some of the most challenging cases of international justice, and illustrates that justice and accountability remain complex, but not mutually exclusive, ideals.

Apology and Reconciliation in International Relations

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Author :
Publisher : Routledge
ISBN 13 : 1317589483
Total Pages : 328 pages
Book Rating : 4.3/5 (175 download)

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Book Synopsis Apology and Reconciliation in International Relations by : Christopher Daase

Download or read book Apology and Reconciliation in International Relations written by Christopher Daase and published by Routledge. This book was released on 2015-08-27 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks into the role and effects of public apologies in international relations. It focuses on two major questions - why and when do states issue apologies for historic crimes and how and under what conditions are these apologies successful in remedying conflictive relationships? In recent years, we have witnessed an unseen popularity of apologies, with numerous politicians, managers and clergymen being eager to apologise and atone for the wrong-doings of their countries or institutions. Public apologies, thus, are a new and highly interesting, while nevertheless still puzzling phenomenon, the precise role and meaning of which in international politics remains to be explored. This book sets out to do exactly this. Focusing in particular on state apologies, it assembles twelve detailed empirical case studies which deal with the two questions raised above. In the first part, the case studies reconstruct the processes in which state representatives react to calls for public atonement, and in the second part the case studies explore the reactions to the apology and evaluate signs for its success or failure. All case studies are based on a theoretical framework which is outlined in the introduction to the book and helps develop tentative assumptions about the emergence and the effects of state apologies, drawing on different strands of literature, such as political science, philosophy, sociology or psychology. This work will be of great interest to students and scholars of conflict reconciliation, international relations and transitional justice.

Prosecuting War Criminals as the Basis for Reconciliation Policy

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Author :
Publisher : Torkel Opsahl Academic EPublisher
ISBN 13 : 828348012X
Total Pages : 4 pages
Book Rating : 4.2/5 (834 download)

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Book Synopsis Prosecuting War Criminals as the Basis for Reconciliation Policy by : Julija Bogoeva

Download or read book Prosecuting War Criminals as the Basis for Reconciliation Policy written by Julija Bogoeva and published by Torkel Opsahl Academic EPublisher. This book was released on 2015-06-30 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Reconciliation in Divided Societies

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Publisher : University of Pennsylvania Press
ISBN 13 : 9780812206388
Total Pages : 350 pages
Book Rating : 4.2/5 (63 download)

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Book Synopsis Reconciliation in Divided Societies by : Erin Daly

Download or read book Reconciliation in Divided Societies written by Erin Daly and published by University of Pennsylvania Press. This book was released on 2011-09-07 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: "As nations struggling to heal wounds of civil war and atrocity turn toward the model of reconciliation, Reconciliation in Divided Societies takes a systematic look at the political dimensions of this international phenomenon. . . . The book shows us how this transformation happens so that we can all gain a better understanding of how, and why, reconciliation really works. It is an almost indispensable tool for those who want to engage in reconciliation"—from the foreword by Archbishop Emeritus Desmond Tutu As societies emerge from oppression, war, or genocide, their most important task is to create a civil society strong and stable enough to support democratic governance. More and more conflict-torn countries throughout the world are promoting reconciliation as central to their new social order as they move toward peace and stability. Scores of truth and reconciliation commissions are helping bring people together and heal the wounds of deeply divided societies. Since the South African transition, countries as diverse as Timor Leste, Sierra Leone, Fiji, Morocco, and Peru have placed reconciliation at the center of their reconstruction and development programs. Other efforts to promote reconciliation—including trials and governmental programs—are also becoming more prominent in transitional times. But until now there has been no real effort to understand exactly what reconciliation could mean in these different situations. What does true reconciliation entail? How can it be achieved? How can its achievement be assessed? This book digs beneath the surface to answer these questions and explain what the concepts of truth, justice, forgiveness, and reconciliation really involve in societies that are recovering from internecine strife. Looking to the future as much as to the past, Erin Daly and Jeremy Sarkin maintain that reconciliation requires fundamental political and economic reform along with personal healing if it is to be effective in establishing lasting peace and stability. Reconciliation, they argue, is best thought of as a means for transformation. It is the engine that enables victims to become survivors and divided societies to transform themselves into communities where people work together to raise children and live productive, hopeful lives. Reconciliation in Divided Societies shows us how this transformation happens so that we can all gain a better understanding of how and why reconciliation is actually accomplished.

Beyond Genocide: Transitional Justice and Gacaca Courts in Rwanda

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Author :
Publisher : Springer
ISBN 13 : 9462652406
Total Pages : 311 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Beyond Genocide: Transitional Justice and Gacaca Courts in Rwanda by : Pietro Sullo

Download or read book Beyond Genocide: Transitional Justice and Gacaca Courts in Rwanda written by Pietro Sullo and published by Springer. This book was released on 2018-09-19 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combining both legal and empirical research, this book explores the statutory aspects and practice of Gacaca Courts (inkiko gacaca), the centrepiece of Rwanda's post-genocide transitional justice system, assessing their contribution to truth, justice and reconciliation. The volume expands the knowledge regarding these courts, assessing not only their performance in terms of formal justice and compliance with human rights standards but also their actual modus operandi. Scholars and practitioners have progressively challenged the idea that genocide should be addressed exclusively through 'westernised' criminal law, arguing that the uniqueness of each genocidal setting requires specific context-sensitive solutions. Rwanda's experience with Gacaca Courts has emerged as a valuable opportunity for testing this approach, offering never previously tried homegrown solutions to the violence experienced in 1994 and beyond. Due to the unprecedented number of individuals brought to trial, the absence of lawyers, the participative nature, and the presence of lay judges directly elected by the Rwandan population, Gacaca Courts have attracted the attention of researchers from different disciplines and triggered dichotomous reactions and appraisals. The tensions existing within the literature are addressed, anchoring the assessment of Gacaca in a comprehensive legal analysis in conjunction with field research. Through the direct observation of Gacaca trials, and by holding interviews and informal talks with survivors, perpetrators, ordinary Rwandans, academics and the staff of NGOs, a purely legalistic perspective is overcome, offering instead an innovative bottom-up approach to meta-legal concepts such as justice, fairness, truth and reconciliation. Outlining their strengths and shortcomings, this book highlights what aspects of Gacaca Courts can be useful in other post-genocide contexts and provides crucial lessons learnt in the realm of transitional justice. The primary audience this book is aimed at consists of researchers working in the areas of international criminal law, transitional justice, genocide, restorative justice, African studies, human rights and criminology, while practitioners, students and others with a professional interest in the topical matters that are addressed may also find the issues raised relevant to their practice or field of study. Pietro Sullo teaches public international law and international diplomatic law at the Brussels School of International Studies of the University of Kent in Brussels. He is particularly interested in international human rights law, transitional justice, international criminal law, constitutional transitions and refugee law. After earning his Ph.D. at the Sant'Anna School of Advanced Studies in Pisa, Dr. Sullo worked at the Max-Planck-Institute for Comparative Public Law and International Law in Heidelberg as a senior researcher and as a coordinator of the International Doctoral Research School on Retaliation, Mediation and Punishment. He was also Director of the European Master's Programme in Human Rights and Democratization (E.MA) in Venice from 2013 to 2015 and lastly he has worked for international NGOs and as a legal consultant for the Libya Constitution Drafting Assembly on human rights and transitional justice.

Judging War, Judging History

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Author :
Publisher : Stanford Studies in Human Righ
ISBN 13 :
Total Pages : 248 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Judging War, Judging History by : Pierre Hazan

Download or read book Judging War, Judging History written by Pierre Hazan and published by Stanford Studies in Human Righ. This book was released on 2010 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Pierre Hazan, in a brilliant and erudite book beautifully written, analyzes the fascinating account of the judicial and cultural revolution that started after the end of the Cold War."---Le Monde Diplomatique --

Roads to Reconciliation

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Publisher : Lexington Books
ISBN 13 : 9780739109045
Total Pages : 330 pages
Book Rating : 4.1/5 (9 download)

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Book Synopsis Roads to Reconciliation by : Elin Skaar

Download or read book Roads to Reconciliation written by Elin Skaar and published by Lexington Books. This book was released on 2005 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: The past two decades have witnessed the end of several civil wars and authoritarian regimes. In a period shaped by the ideal of democratization, in which more countries are emerging from deep-rooted conflicts, international attention is turning to the question of how societies with a grievous past face issues of accountability and reconciliation. How do societies deal with a past characterized by gross human rights violations? What kinds of processes--judicial as well as non-judicial--are most likely to generate a sense of reconciliation? Using an interdisciplinary approach, this book provides a systematic and comparative analysis of reconciliation processes in various societies that in recent years have made a transition from authoritarian to democratic rule, or from war to relative peace. Revisiting case studies from Latin America, Africa, Europe, and Asia through a lens of comparative analysis, shedding new light on how societies have dealt with their violent pasts, Roads to Reconciliation is essential reading for both scholars and practitioners concerned with human rights, transitional justice, or peace building.

Reconciliation, Justice, and Coexistence

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Publisher : Lexington Books
ISBN 13 : 9780739102688
Total Pages : 382 pages
Book Rating : 4.1/5 (26 download)

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Book Synopsis Reconciliation, Justice, and Coexistence by : Mohammed Abu-Nimer

Download or read book Reconciliation, Justice, and Coexistence written by Mohammed Abu-Nimer and published by Lexington Books. This book was released on 2001 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the end of the Cold War several political agreements have been signed in attempts to resolve longstanding conflicts in such volatile regions as Northern Ireland, Israel-Palestine, South Africa, and Rwanda. This is the first comprehensive volume that examines reconciliation, justice, and coexistence in the post-settlement context from the levels of both theory and practice. Mohammed Abu-Nimer has brought together scholars and practitioners who discuss questions such as: Do truth commissions work? What are the necessary conditions for reconciliation? Can political agreements bring reconciliation? How can indigenous approaches be utilized in the process of reconciliation? In addition to enhancing the developing field of peacebuilding by engaging new research questions, this book will give lessons and insights to policy makers and anyone interested in post-settlement issues.