Transitional Justice and a State's Response to Mass Atrocity

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Publisher :
ISBN 13 : 9789462652774
Total Pages : pages
Book Rating : 4.6/5 (527 download)

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Book Synopsis Transitional Justice and a State's Response to Mass Atrocity by : Jacopo Roberti di Sarsina

Download or read book Transitional Justice and a State's Response to Mass Atrocity written by Jacopo Roberti di Sarsina and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings a new focus to the ongoing debate on holding perpetrators of massive humanitarian and human rights law violations accountable in countries in transition. It provides a clear-cut and comprehensive legal analysis of the content and nature of a state's obligations to investigate and prosecute as enshrined in the most important humanitarian and human rights treaties; it disentangles the common fallacy that these procedural obligations are naturally rooted and clearly spelled out in the general human rights treaties; and it explains the flaws in an absolutist interpretation. This analysis serves to understand whether such procedural obligations, if narrowly construed, act as impediments to countries emerging from periods of conflict or systematic repression in the face of contingent circumstances and the formidable dilemmas raised by a univocal understanding of justice as retribution.

Transitional Justice and a State’s Response to Mass Atrocity

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Author :
Publisher : Springer
ISBN 13 : 9462652767
Total Pages : 283 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Transitional Justice and a State’s Response to Mass Atrocity by : Jacopo Roberti di Sarsina

Download or read book Transitional Justice and a State’s Response to Mass Atrocity written by Jacopo Roberti di Sarsina and published by Springer. This book was released on 2019-03-26 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings a new focus to the ongoing debate on holding perpetrators of massive humanitarian and human rights violations accountable in countries in transition. It provides a clear-cut and comprehensive legal analysis of the content and nature of a state's obligations to investigate and prosecute as enshrined in the most important humanitarian and human rights treaties; it disentangles the common fallacy that these procedural obligations are naturally rooted and clearly spelled out in the general human rights treaties; and it explains the flaws in an absolutist interpretation. This analysis serves to understand whether such procedural obligations, if narrowly construed, act as impediments to countries emerging from periods of conflict or systematic repression in the face of contingent circumstances and the formidable dilemmas raised by a univocal understanding of justice as retribution. Exploring the latest instances of interpretation and application via an analysis of state practice, the jurisprudence of treaty bodies, international courts and tribunals, soft law instruments, and doctrinal contributions, the book also addresses the complex issue of amnesty, and other transitional justice mechanisms designed to restore peace and facilitate transition traditionally included in national reconciliation programs, and criticizes the contention that amnesty is always prohibited by international law. It also considers these problems from the viewpoint of the International Criminal Court, focusing on the cases of Uganda and Colombia after the 2016 peace agreement. Lastly, the volume offers a detailed analysis of techniques that may neutralize relevant obligations under international law, such as denunciation, derogation, limitation, and the public international law defenses of force majeure and necessity. Drawing attention to the importance of a multidisciplinary and practical approach to these unsettling questions, and endorsing a pluralistic notion of accountability, the book will appeal to legal scholars and transitional justice experts as well as practitioners, human rights advocates, and government officials. Dr Jacopo Roberti di Sarsina is an International Law Expert at the Alma Mater Studiorum - University of Bologna School of Law, and a dual-qualified lawyer (Italy and New York). He completed a PhD in public international law, label Doctor Europaeus, at the School of International Studies, University of Trento, holds an LLM from NYU School of Law, and read law at the University of Bologna.

Responding to Modern Genocide

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Author :
Publisher : Routledge
ISBN 13 : 1135022828
Total Pages : 256 pages
Book Rating : 4.1/5 (35 download)

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Book Synopsis Responding to Modern Genocide by : Mark D. Kielsgard

Download or read book Responding to Modern Genocide written by Mark D. Kielsgard and published by Routledge. This book was released on 2015-07-30 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Developments in the understanding and treatment of genocide through the twentieth century have involved a combination of politics, public opinion, social trends, and economic development, and led to the substantive law of genocide and the assumption of international jurisdiction. This book analyzes incidences of genocide and mass atrocities, focusing on the political factors involved in modern counter-genocide efforts. Drawing on incidences of genocide and mass atrocity such as the Holocaust, the Rwandan genocide, and the Armenian genocide, Mark Kielsgard adopts a conceptual model that reveals the political factors which impact the international law of genocide, such as barriers and catalysts to transitional justice and the politics of genocide denial. As a work which provides a focused picture of those influences and their significance to genocide studies, this book will be of great use and interest to students and researchers in international criminal law, conflict studies, and conflict resolution.

Pursuing Justice for Mass Atrocities

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Author :
Publisher :
ISBN 13 : 9781736841600
Total Pages : pages
Book Rating : 4.8/5 (416 download)

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Book Synopsis Pursuing Justice for Mass Atrocities by : Sarah McIntosh

Download or read book Pursuing Justice for Mass Atrocities written by Sarah McIntosh and published by . This book was released on 2021-03-18 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "Pursuing Justice for Mass Atrocities: A Handbook for Victim Groups" is an educational resource for victim groups that want to influence or participate in the justice process for mass atrocities. It presents a range of tools that victim groups can use, from building a victim-centered coalition and developing a strategic communications plan to engaging with policy makers and decision makers and using the law to obtain justice.

Making Sense of Mass Atrocity

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Author :
Publisher : Cambridge University Press
ISBN 13 : 0521861853
Total Pages : 277 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis Making Sense of Mass Atrocity by : Mark Osiel

Download or read book Making Sense of Mass Atrocity written by Mark Osiel and published by Cambridge University Press. This book was released on 2009-07-31 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book trenchantly diagnoses the law's limits in making sense of mass atrocity.

Transitional Justice

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Publisher : Rutgers University Press
ISBN 13 : 0813550688
Total Pages : 284 pages
Book Rating : 4.8/5 (135 download)

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Book Synopsis Transitional Justice by : Alexander Laban Hinton

Download or read book Transitional Justice written by Alexander Laban Hinton and published by Rutgers University Press. This book was released on 2011 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The origins of this project date back to a 2007 symposium, 'Local justice : global mechanisms and local meanings in the aftermath of mass atrocity, ' held at Rutgers University--Newark [N.J.] ... Several participants later presented papers in a session at the July 2007 meeting of the International Association of Genocide Scholars, which was held in Bosnia and Herzegovina."--Acknowledgments.

Historical Dialogue and the Prevention of Mass Atrocities

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Publisher : Routledge
ISBN 13 : 1000043940
Total Pages : 297 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis Historical Dialogue and the Prevention of Mass Atrocities by : Elazar Barkan

Download or read book Historical Dialogue and the Prevention of Mass Atrocities written by Elazar Barkan and published by Routledge. This book was released on 2020-04-06 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together a diverse range of international voices from academia, policymaking and civil society to address the failure to connect historical dialogue with atrocity prevention discourse and provide insight into how conflict histories and historical memory act as dynamic forces, actively facilitating or deterring current and future conflict. Established on a variety of international case studies combining theoretical and practical points of view, the book envisions an integrated understanding of how historical dialogue can inform policy, education, and the practice of atrocity prevention. In doing so, it provides a vital basis for the development of preventive policies sensitive to the importance of conflict histories and for further academic study on the topic. It will be of interest to all scholars and students of history, psychology, peace studies, international relations and political science.

The Religious in Responses to Mass Atrocity

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Publisher : Cambridge University Press
ISBN 13 : 0521518857
Total Pages : 297 pages
Book Rating : 4.5/5 (215 download)

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Book Synopsis The Religious in Responses to Mass Atrocity by : Thomas Brudholm

Download or read book The Religious in Responses to Mass Atrocity written by Thomas Brudholm and published by Cambridge University Press. This book was released on 2009 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: An assessment of the attempts to bring religious allegiances and perspectives to bear in responses to the mass atrocities of our time.

Transitional Justice in Rwanda

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Publisher : Routledge
ISBN 13 : 1135118531
Total Pages : 434 pages
Book Rating : 4.1/5 (351 download)

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Book Synopsis Transitional Justice in Rwanda by : Gerald Gahima

Download or read book Transitional Justice in Rwanda written by Gerald Gahima and published by Routledge. This book was released on 2013-02-15 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transitional Justice in Rwanda: Accountability for Atrocity comprehensively analyzes the full range of the transitional justice processes undertaken for the Rwandan genocide. Drawing on the author’s extensive professional experience as the principal justice policy maker and the leading law enforcement officer in Rwanda from 1996-2003, the book provides an in-depth analysis of the social, political and legal challenges faced by Rwanda in the aftermath of the genocide and the aspirations and legacy of transitional justice. The book explores the role played by the accountability processes not just in pursuing accountability but also in shaping the reconstruction of Rwanda’s institutions of democratic governance and political reconciliation. Central to this exploration will be the examination of whether or not transitional justice in Rwanda has contributed to a foundational rule of law reform process. While recognizing the necessity of pursuing accountability for mass atrocity, the book argues that a maximal approach to accountability for genocide may undermine the promotion of core objectives of transitional justice. Taking on one of the key questions facing practitioners and scholars of transitional justice today, the book suggests that the pursuit of mass accountability, particularly where socio-economic resources and legal capacity is limited, may destabilize the process of rule of law reform, endangering core human rights norms. Moreover, the book suggests that pursuing a strategy of mass accountability may undermine the process of democratic transition, particularly in a context where impunity for crimes committed by the victors of armed conflicts persists. Highlighting the ongoing democratic deficit in Rwanda and resulting political instability in the Great Lakes region, the book argues that the effectiveness of transitional justice ultimately hinges on the nature and success of political transition.

Fundamentals of Genocide and Mass Atrocity Prevention

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Publisher :
ISBN 13 : 9780896047167
Total Pages : pages
Book Rating : 4.0/5 (471 download)

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Book Synopsis Fundamentals of Genocide and Mass Atrocity Prevention by :

Download or read book Fundamentals of Genocide and Mass Atrocity Prevention written by and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

US Foreign Policy on Transitional Justice

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Publisher : Oxford University Press
ISBN 13 : 0199338426
Total Pages : 288 pages
Book Rating : 4.1/5 (993 download)

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Book Synopsis US Foreign Policy on Transitional Justice by : Annie R. Bird

Download or read book US Foreign Policy on Transitional Justice written by Annie R. Bird and published by Oxford University Press. This book was released on 2015-02-04 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the end of the Cold War, the United States has been a key driver of transitional justice. It has provided crucial political backing, as well as technical and financial assistance for trials, truth commissions, and other measures aimed at helping societies address serious human rights violations. Surprisingly, however, scholars have not analyzed closely the role of the US in transitional justice. This book offers the first systematic and cross-cutting account of US foreign policy on transitional justice. It explores the development of US foreign policy on the field from World War I to the present, and provides an in-depth examination of US involvement in measures in Cambodia, Liberia, and Colombia. Annie Bird supports her findings with nearly 200 interviews with key US and foreign government officials, staff of transitional justice measures, and country experts. By "opening the black box" of US foreign policy, the book shows how the diverse and evolving interests of presidential administrations, Congress, the State Department, and other agencies play a major role in shaping US involvement in transitional justice. The book argues that, despite multiple influences, US foreign policy on transitional justice is characterized by a distinctive approach that is symbolic, retributive, and strategic. As the book concludes, this approach has influenced the field as a whole, including the establishment, design, and implementation of transitional justice measures.

Justice in Conflict

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Publisher : Oxford University Press
ISBN 13 : 0191082945
Total Pages : 273 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Justice in Conflict by : Mark Kersten

Download or read book Justice in Conflict written by Mark Kersten and published by Oxford University Press. This book was released on 2016-08-04 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocities accountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes. While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions in Libya, northern Uganda - and beyond.

United States Law and Policy on Transitional Justice

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Publisher : Oxford University Press
ISBN 13 : 0190655488
Total Pages : 433 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis United States Law and Policy on Transitional Justice by : Zachary D. Kaufman

Download or read book United States Law and Policy on Transitional Justice written by Zachary D. Kaufman and published by Oxford University Press. This book was released on 2017 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: In United States Law and Policy on Transitional Justice: Principles, Politics, and Pragmatics, Zachary D. Kaufman explores the U.S. government's support for, or opposition to, certain transitional justice institutions. By first presenting an overview of possible responses to atrocities (such as war crimes tribunals) and then analyzing six historical case studies, Kaufman evaluates why and how the United States has pursued particular transitional justice options since World War II. This book challenges the "legalist" paradigm, which postulates that liberal states pursue war crimes tribunals because their decision-makers hold a principled commitment to the rule of law. Kaufman develops an alternative theory-"prudentialism"-which contends that any state (liberal or illiberal) may support bona fide war crimes tribunals. More generally, prudentialism proposes that states pursue transitional justice options, not out of strict adherence to certain principles, but as a result of a case-specific balancing of politics, pragmatics, and normative beliefs. Kaufman tests these two competing theories through the U.S. experience in six contexts: Germany and Japan after World War II, the 1988 bombing of Pan Am flight 103, the 1990-1991 Iraqi offenses against Kuwaitis, the atrocities in the former Yugoslavia in the 1990s, and the 1994 Rwandan genocide. Kaufman demonstrates that political and pragmatic factors featured as or more prominently in U.S. transitional justice policy than did U.S. government officials' normative beliefs. Kaufman thus concludes that, at least for the United States, prudentialism is superior to legalism as an explanatory theory in transitional justice policymaking.

Hijacked Justice

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Publisher : Cornell University Press
ISBN 13 : 0801458102
Total Pages : 223 pages
Book Rating : 4.8/5 (14 download)

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Book Synopsis Hijacked Justice by : Jelena Subotić

Download or read book Hijacked Justice written by Jelena Subotić and published by Cornell University Press. This book was released on 2011-02-23 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the appropriate political response to mass atrocity? In Hijacked Justice, Jelena Subotic traces the design, implementation, and political outcomes of institutions established to deal with the legacies of violence in the aftermath of the Yugoslav wars. She finds that international efforts to establish accountability for war crimes in the former Yugoslavia have been used to pursue very different local political goals.Responding to international pressures, Serbia, Croatia, and Bosnia have implemented various mechanisms of "transitional justice"—the systematic addressing of past crimes after conflicts end. Transitional justice in the three countries, however, was guided by ulterior political motives: to get rid of domestic political opponents, to obtain international financial aid, or to gain admission to the European Union. Subotic argues that when transitional justice becomes "hijacked" for such local political strategies, it fosters domestic backlash, deepens political instability, and even creates alternative, politicized versions of history. That war crimes trials (such as those in The Hague) and truth commissions (as in South Africa) are necessary and desirable has become a staple belief among those concerned with reconstructing societies after conflict. States are now expected to deal with their violent legacies in an institutional setting rather than through blanket amnesty or victor's justice. This new expectation, however, has produced paradoxical results. In order to avoid the pitfalls of hijacked justice, Subotic argues, the international community should focus on broader and deeper social transformation of postconflict societies, instead on emphasizing only arrests of war crimes suspects.

The Afterlives of the Terror

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Publisher : Cornell University Press
ISBN 13 : 1501739263
Total Pages : 172 pages
Book Rating : 4.5/5 (17 download)

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Book Synopsis The Afterlives of the Terror by : Ronen Steinberg

Download or read book The Afterlives of the Terror written by Ronen Steinberg and published by Cornell University Press. This book was released on 2019-09-15 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Afterlives of the Terror explores how those who experienced the mass violence of the French Revolution struggled to come to terms with it. Focusing on the Reign of Terror, Ronen Steinberg challenges the presumption that its aftermath was characterized by silence and enforced collective amnesia. Instead, he shows that there were painful, complex, and sometimes surprisingly honest debates about how to deal with its legacies. As The Afterlives of the Terror shows, revolutionary leaders, victims' families, and ordinary citizens argued about accountability, retribution, redress, and commemoration. Drawing on the concept of transitional justice and the scholarship on the major traumas of the twentieth century, Steinberg explores how the French tried, but ultimately failed, to leave this difficult past behind. He argues that it was the same democratizing, radicalizing dynamic that led to the violence of the Terror, which also gave rise to an unprecedented interrogation of how society is affected by events of enormous brutality. In this sense, the modern question of what to do with difficult pasts is one of the unanticipated consequences of the eighteenth century's age of democratic revolutions. Thanks to generous funding from Michigan State University and its participation in TOME (Toward an Open Monograph Ecosystem), the ebook editions of this book are available as Open Access (OA) volumes, available on the Cornell University Press website and other Open Access repositories.

Localizing Transitional Justice

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Publisher : Stanford University Press
ISBN 13 : 9780804761499
Total Pages : 0 pages
Book Rating : 4.7/5 (614 download)

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Book Synopsis Localizing Transitional Justice by : Rosalind Shaw

Download or read book Localizing Transitional Justice written by Rosalind Shaw and published by Stanford University Press. This book was released on 2010-04-23 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through war crimes prosecutions, truth commissions, purges of perpetrators, reparations, and memorials, transitional justice practices work under the assumptions that truth telling leads to reconciliation, prosecutions bring closure, and justice prevents the recurrence of violence. But when local responses to transitional justice destabilize these assumptions, the result can be a troubling disconnection between international norms and survivors' priorities. Localizing Transitional Justice traces how ordinary people respond to—and sometimes transform—transitional justice mechanisms, laying a foundation for more locally responsive approaches to social reconstruction after mass violence and egregious human rights violations. Recasting understandings of culture and locality prevalent in international justice, this vital book explores the complex, unpredictable, and unequal encounter among international legal norms, transitional justice mechanisms, national agendas, and local priorities and practices.

The Practice of Shared Responsibility in International Law

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Publisher : Cambridge University Press
ISBN 13 : 1107107091
Total Pages : 1229 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Practice of Shared Responsibility in International Law by : André Nollkaemper

Download or read book The Practice of Shared Responsibility in International Law written by André Nollkaemper and published by Cambridge University Press. This book was released on 2017-02-02 with total page 1229 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reviews the practice of shared responsibility in multiple issue areas of international law, to assess its application and development.