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The Right To Know The Truth In Transitional Justice Processes
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Book Synopsis The Right to Know the Truth in Transitional Justice Processes by : Natasha Stamenkovikj
Download or read book The Right to Know the Truth in Transitional Justice Processes written by Natasha Stamenkovikj and published by International Criminal Law. This book was released on 2021 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Dr. Natasha Stamenkovikj offers a comparative analysis of the scope and application of the right to the truth as a fundamental right in public international law, and as a concept in European policies for promoting peace and transitional justice. The book provides a systematized assessment of the conceptualisation of the right to the truth in the enlargement policy of the Council of Europe as applied towards the former Yugoslav societies. By assessing the coherence of the Council's standardization on the right to the truth, Dr. Stamenkovikj addresses the legitimacy of the Council as an exporter of values and creator of norms"--
Book Synopsis Transitional Justice and Reconciliation by : Martina Fischer
Download or read book Transitional Justice and Reconciliation written by Martina Fischer and published by Routledge. This book was released on 2015-11-06 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scholars and practitioners alike agree that somehow the past needs to be addressed in order to enable individuals and collectives to rebuild trust and relationships. However, they also continue to struggle with critical questions. When is the right moment to address the legacies of the past after violent conflict? How can societies address the past without deepening the pain that arises from memories related to the violence and crimes committed in war? How can cultures of remembrance be established that would include and acknowledges the victims of all sides involved in violent conflict? How can various actors deal constructively with different interpretations of facts and history? Two decades after the wars, societies in Bosnia, Serbia and Croatia – albeit to different degrees – are still facing the legacies of the wars of the 1990s on a daily basis. Reconciliation between and within these societies remains a formidable challenge, given that all three countries are still facing unresolved disputes either at a cross-border level or amongst parallel societies that persist at a local community level. This book engages scholars and practitioners from the regions of former Yugoslavia, as well as international experts, to reflect on the achievements and obstacles that characterise efforts to deal with the past. Drawing variously on empirical studies, theoretical discussions, and practical experience, their contributions offer invaluable insights into the complex relationship between transitional justice and conflict transformation.
Book Synopsis Transitional Justice in Balance by : Tricia D. Olsen
Download or read book Transitional Justice in Balance written by Tricia D. Olsen and published by United States Institute of Peace Press. This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the first project of its kind to compare multiple mechanisms and combinations of mechanisms across regions, countries, and time, Transitional Justice in Balance: Comparing Processes, Weighing Efficacy systematically analyzes the claims made in the literature using a vast array of data, which the authors have assembled in the Transitional Justice Data Base.
Book Synopsis The Right to Know the Truth in Transitional Justice Processes by : Natasha Stamenkovikj
Download or read book The Right to Know the Truth in Transitional Justice Processes written by Natasha Stamenkovikj and published by BRILL. This book was released on 2021-11-29 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dr. Natasha Stamenkovikj offers a comprehensive account of the right to the truth as a right in international law and an element in delivering justice though European governance.
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.
Author :United Nations Office of the High Commissioner for Human Rights Publisher :United Nations ISBN 13 :9210576713 Total Pages :46 pages Book Rating :4.2/5 (15 download)
Book Synopsis Rule-of-law Tools for Post-conflict States by : United Nations Office of the High Commissioner for Human Rights
Download or read book Rule-of-law Tools for Post-conflict States written by United Nations Office of the High Commissioner for Human Rights and published by United Nations. This book was released on 2016-06-03 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt: Countries emerging from conflict often suffer weak or non-existent rule of law, inadequate law enforcement and justice administration capacity, and increased instances of human rights violations. This situation is often exacerbated by a lack of public confidence in State authorities and a shortage of resources. These rule-of-law tools will provide practical guidance to field missions and transitional administrations in critical transitional justice and rule of law-related areas. This publication specifically sets out basic principles and approaches to truth commissions and is intended to assist United Nations and other policymakers in advising on the development of truth-seeking mechanisms.
Book Synopsis Transitional Justice in the Twenty-First Century by : Naomi Roht-Arriaza
Download or read book Transitional Justice in the Twenty-First Century written by Naomi Roht-Arriaza and published by Cambridge University Press. This book was released on 2006-09-14 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dealing with the aftermath of civil conflict or the fall of a repressive government continues to trouble countries throughout the world. Whereas much of the 1990s was occupied with debates concerning the relative merits of criminal prosecutions and truth commissions, by the end of the decade a consensus emerged that this either/or approach was inappropriate and unnecessary. A second generation of transitional justice experiences have stressed both truth and justice and recognize that a single method may inadequately serve societies rebuilding after conflict or dictatorship. Based on studies in ten countries, this book analyzes how some combine multiple institutions, others experiment with community-level initiatives that draw on traditional law and culture, whilst others combine internal actions with transnational or international ones. The authors argue that transitional justice efforts must also consider the challenges to legitimacy and local ownership emerging after external military intervention or occupation.
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.
Book Synopsis Transitional justice in process by : Mariam Salehi
Download or read book Transitional justice in process written by Mariam Salehi and published by Manchester University Press. This book was released on 2022-03-15 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transitional justice in process is the first book to comprehensively study the Tunisian transitional justice process. After the fall of the Ben Ali regime in 2011, Tunisia swiftly began dealing with its authoritarian past and initiated a comprehensive transitional justice process, with the Truth and Dignity Commission as its central institution. However, instead of bringing about peace and justice, transitional justice soon became an arena of contention. Through a process lens, the book explores why and how the transitional justice process evolved, and explains how it relates to the country’s political transition. Based on extensive field research in Tunisia and the United States, and interviews with a broad range of Tunisian and international stakeholders and decision-makers, Transitional justice in process provides an in-depth analysis of a crucial period, beginning with the first initiatives aimed at dealing with the past and seeking justice and accountability. It discusses the development and design of the transitional justice mandate, and looks at the performance of transitional justice institutions in practice. It examines the role of international justice professionals in different stages of the process, as well as the alliances and frictions between different actor groups that cut across the often-assumed local-international divide. Transitional justice in process makes an essential contribution to literature on the domestic and international politics of transitional justice, and in particular to the understanding of the Tunisian transitional justice process.
Book Synopsis Unspeakable Truths 2e by : Priscilla B. Hayner
Download or read book Unspeakable Truths 2e written by Priscilla B. Hayner and published by Routledge. This book was released on 2010-09-13 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a sweeping review of forty truth commissions, Priscilla Hayner delivers a definitive exploration of the global experience in official truth-seeking after widespread atrocities. When Unspeakable Truths was first published in 2001, it quickly became a classic, helping to define the field of truth commissions and the broader arena of transitional justice. This second edition is fully updated and expanded, covering twenty new commissions formed in the last ten years, analyzing new trends, and offering detailed charts that assess the impact of truth commissions and provide comparative information not previously available. Placing the increasing number of truth commissions within the broader expansion in transitional justice, Unspeakable Truths surveys key developments and new thinking in reparations, international justice, healing from trauma, and other areas. The book challenges many widely-held assumptions, based on hundreds of interviews and a sweeping review of the literature. This book will help to define how these issues are addressed in the future.
Book Synopsis Searching for Truth in the Transitional Justice Movement by : Jamie Rowen
Download or read book Searching for Truth in the Transitional Justice Movement written by Jamie Rowen and published by Cambridge University Press. This book was released on 2017-08-11 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book re-imagines transitional justice as a movement, and explains why truth commissions are promoted and created. By exploring how the movement developed, as well as efforts to create truth commissions in the Balkans, Colombia, and the US, it examines the processes through which political actors translate transitional justice into political action.
Book Synopsis Rule-of-law Tools for Post-conflict States by :
Download or read book Rule-of-law Tools for Post-conflict States written by and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Archives are vital to the successful operation and outcome of all transitional justice processes ... Most of the key records important for human rights purposes are governmental. However, important documents are also often in the possession of international intergovernmental bodies, private sector entities, and individuals. Strengthening and building capacity in the national archives system - one that is able to handle both governmental and non-governmental materials - are therefore vital steps in a transition ... When a transitional justice institution completes its work, it will have assembled a large - in some cases, extremely large - volume of records. These records are a concentrated, rich source of information for the history of the country and its people ... This rule-of-law tool for post-conflict States aims to provide guidance to United Nations field missions, transitional administrators and civil society on the management, reform, use and preservation of archives to help guarantee and enforce human rights, particularly the right to the truth."--The Introduction.
Book Synopsis Truth v. Justice by : Robert I. Rotberg
Download or read book Truth v. Justice written by Robert I. Rotberg and published by Princeton University Press. This book was released on 2010-07-01 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: The truth commission is an increasingly common fixture of newly democratic states with repressive or strife-ridden pasts. From South Africa to Haiti, truth commissions are at work with varying degrees of support and success. To many, they are the best--or only--way to achieve a full accounting of crimes committed against fellow citizens and to prevent future conflict. Others question whether a restorative justice that sets the guilty free, that cleanses society by words alone, can deter future abuses and allow victims and their families to heal. Here, leading philosophers, lawyers, social scientists, and activists representing several perspectives look at the process of truth commissioning in general and in post-apartheid South Africa. They ask whether the truth commission, as a method of seeking justice after conflict, is fair, moral, and effective in bringing about reconciliation. The authors weigh the virtues and failings of truth commissions, especially the South African Truth and Reconciliation Commission, in their attempt to provide restorative rather than retributive justice. They examine, among other issues, the use of reparations as social policy and the granting of amnesty in exchange for testimony. Most of the contributors praise South Africa's decision to trade due process for the kinds of truth that permit closure. But they are skeptical that such revelations produce reconciliation, particularly in societies that remain divided after a compromise peace with no single victor, as in El Salvador. Ultimately, though, they find the truth commission to be a worthy if imperfect instrument for societies seeking to say "never again" with confidence. At a time when truth commissions have been proposed for Bosnia, Kosovo, Cyprus, East Timor, Cambodia, Nigeria, Palestine, and elsewhere, the authors' conclusion that restorative justice provides positive gains could not be more important. In addition to the editors, the contributors are Amy Gutmann, Rajeev Bhargava, Elizabeth Kiss, David A. Crocker, André du Toit, Alex Boraine, Dumisa Ntsebeza, Lisa Kois, Ronald C. Slye, Kent Greenawalt, Sanford Levinson, Martha Minow, Charles S. Maier, Charles Villa-Vicencio, and Wilhelm Verwoerd.
Book Synopsis Truth and Transitional Justice by : Alice Panepinto
Download or read book Truth and Transitional Justice written by Alice Panepinto and published by Bloomsbury Publishing. This book was released on 2022-02-24 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Arab uprisings and new and old conflicts in the Middle East and North Africa have sparked an interest in transitional justice in Muslim-majority legal systems, and its potential to uncover the truth about past abuse and ensure accountability for widespread human rights violations. This raises the pressing question of how toimplement and adapt the international paradigm of transitional justice, and in particular its truth-seeking aims, to local settings characterised by Muslim majority populations. This book offers a critical analysis of the relocation of transitional justice from the international paradigm to the legal systems of Muslim-majority societies in light of the inherently pluralistic realities of these contexts; it also investigates synergies between international law and Islamic law in furthering the transitional aims of accountability, justice and reconciliation through truth-seeking. In particular, this project explores truth-seeking, the formation of collective memories and the victims' right to know the truth, as key aims of the international paradigm of transitional justice, in relation to Islamic jurisprudence and practices. This monograph will provide a useful reference for scholars, practitioners and policymakers seeking to analyse and design transitional truth-seeking processes in the legal systems of Muslim-majority societies.
Download or read book As War Ends written by James Meernik and published by Cambridge University Press. This book was released on 2019-07-25 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: For decades a bitter civil war between the Colombia government and armed insurgent groups tore apart Colombian society. After protracted negotiations in Havana, a peace agreement was accepted by the Colombian government and the FARC rebel group in 2016. This volume will provide academics and practitioners throughout the world with critical analyses regarding what we know generally about the post-war peace building process and how this can be applied to the specifics of the Colombian case to assist in the design and implementation of post-war peace building programs and policies. This unique group of Colombian and international scholars comment on critical aspects of the peace process in Colombia, transitional justice mechanisms, the role of state and non-state actors at the national and local levels, and examine what the Colombian case reveals about traditional theories and approaches to peace and transitional justice.
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 Routledge. This book was released on 2016-11-25 with total page 416 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.
Book Synopsis Business, Human Rights and Transitional Justice by : Irene Pietropaoli
Download or read book Business, Human Rights and Transitional Justice written by Irene Pietropaoli and published by Routledge. This book was released on 2020-05-07 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the efficacy of transitional justice mechanisms in response to corporate human rights abuses. Corporations and other business enterprises often operate in countries affected by conflict or repressive regimes. As such, they may become involved in human rights violations and crimes under international law ‒ either as the main perpetrators or as accomplices by aiding and abetting government actors. Transitional justice mechanisms, such as trials, truth commissions, and reparations, have usually focused on abuses by state authorities or by non-state actors directly connected to the state, such as paramilitary groups. Innovative transitional justice mechanisms have, however, now started to address corporate accountability for human rights abuses and crimes under international law and have attempted to provide redress for victims. This book analyzes this development, assessing how transitional justice can provide remedies for corporate human rights abuses and crimes under international law. Canvassing a broad range of literature relating to international criminal law mechanisms, regional human rights systems, domestic courts, truth and reconciliation commissions, and land restitution programmes, this book evaluates the limitations and potential of each mechanism. Acknowledging the limited extent to which transitional justice has been able to effectively tackle the role of corporations in human rights violations and international crimes, this book nevertheless points the way towards greater engagement with corporate accountability as part of transitional justice. A valuable contribution to the literature on transitional justice and on business and human rights, this book will appeal to scholars, researchers and PhD students in these areas, as well as lawyers and other practitioners working on corporate accountability and transitional justice.
