Truth Commissions And Procedural Fairness

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Truth Commissions and Procedural Fairness

Author : Mark Freeman
Publisher : Cambridge University Press
ISBN 13 : 110732081X
Total Pages : 561 pages
Book Rating : 4.1/5 (73 download)

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Book Synopsis Truth Commissions and Procedural Fairness by : Mark Freeman

Download or read book Truth Commissions and Procedural Fairness written by Mark Freeman and published by Cambridge University Press. This book was released on 2006-08-14 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first law book devoted entirely to the subject of truth commissions. The book sets forth standards of procedural fairness aimed at protecting the rights of those who come into contact with truth commissions - primarily victims and their families, witnesses, and perpetrators. The aim of the book is to provide recommended criteria of procedural fairness for five possible components of a truth commission's mandate: the taking of statements, the use of subpoenas, the exercise of powers of search and seizure, the holding of victim-centered public hearings, and the publication of findings of individual responsibility in a final report (sometimes called the issue of 'naming names'). The book draws on the experience of past and present truth commissions, analogous national and multilateral investigative bodies, and international and comparative standards of procedural fairness.

Truth v. Justice

Author : Robert I. Rotberg
Publisher : Princeton University Press
ISBN 13 : 1400832039
Total Pages : 344 pages
Book Rating : 4.4/5 (8 download)

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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.

Rule-of-law Tools for Post-conflict States

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)

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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.

Truth Commissions and Procedural Fairness

Author : Mark Freeman
Publisher : Cambridge University Press
ISBN 13 : 9780521615648
Total Pages : 428 pages
Book Rating : 4.6/5 (156 download)

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Book Synopsis Truth Commissions and Procedural Fairness by : Mark Freeman

Procedural Justice and Relational Theory

Author : Denise Meyerson
Publisher : Routledge
ISBN 13 : 1000207668
Total Pages : 274 pages
Book Rating : 4.0/5 (2 download)

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Book Synopsis Procedural Justice and Relational Theory by : Denise Meyerson

Download or read book Procedural Justice and Relational Theory written by Denise Meyerson and published by Routledge. This book was released on 2020-10-29 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book bridges a scholarly divide between empirical and normative theorizing about procedural justice in the context of relations of power between citizens and the state. Empirical research establishes that people’s understanding of procedural justice is shaped by relational factors. A central premise of this volume is that this research is significant but needs to be complemented by normative theorizing that draws on relational theories of ethics and justice to explain the moral significance of procedures and make normative sense of people’s concerns about relational factors. The chapters in Part 1 provide comprehensive reviews of empirical studies of procedural justice in policing, courts and prisons. Part 2 explores empirical and normative perspectives on procedural justice and legitimacy. Part 3 examines philosophical approaches to procedural justice. Part 4 considers the implications of a relational perspective for the design of procedures in a range of legal contexts. This collection will be of interest to a wide academic readership in philosophy, law, psychology and criminology.

Unspeakable Truths 2e

Author : Priscilla B. Hayner
Publisher : Routledge
ISBN 13 : 1135245584
Total Pages : 377 pages
Book Rating : 4.1/5 (352 download)

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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.

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Commissions of Inquiry

Author : Christian Henderson
Publisher : Bloomsbury Publishing
ISBN 13 : 1782258760
Total Pages : 391 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Commissions of Inquiry by : Christian Henderson

Download or read book Commissions of Inquiry written by Christian Henderson and published by Bloomsbury Publishing. This book was released on 2017-05-18 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: A functional typology of commissions of inquiry / Patrick Butchard and Christian Henderson -- Hegemony and counter-hegemony : the politics of establishing United Nations commissions of inquiry / Michelle Farrell and Ben Murphy -- Lessons from two regional missions : fact-finding in Georgia and South Sudan / Rob Grace -- Domestic commissions of inquiry and international law : the importance of normative authority / Stephen Samuel and James A. Green -- Commissions of inquiry and traditional mechanisms of dispute settlement / Alexander Orakhelashvili -- Commissions of inquiry : courting international courts and tribunals / Christine Schwèobel-Patel -- The impact of international commissions of inquiry on the proceedings before the International Criminal Court / Triestino Mariniello -- The interplay between international human rights law and international humanitarian law in the practice of commissions of inquiry / Marco Odello -- Laying the foundations : commissions of inquiry and the development of international law / Shane Darcy -- Quo vadis? Commissions of inquiry and their implications for the coherence of international law / Russell Buchan -- Selectivity and choices in human rights fact-finding : reconciling subjectivity with objectivity? / Thâeo Boutruche -- Commissions of inquiry and procedural fairness / Alison Bisset -- A visible college : the community of fact-finding practice / Corinne Heaven.

Final Report of the Truth and Reconciliation Commission of Canada, Volume One: Summary

Author : Truth and Reconciliation Commission of Canada
Publisher : James Lorimer & Company
ISBN 13 : 1459410696
Total Pages : 673 pages
Book Rating : 4.4/5 (594 download)

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Book Synopsis Final Report of the Truth and Reconciliation Commission of Canada, Volume One: Summary by : Truth and Reconciliation Commission of Canada

Download or read book Final Report of the Truth and Reconciliation Commission of Canada, Volume One: Summary written by Truth and Reconciliation Commission of Canada and published by James Lorimer & Company. This book was released on 2015-07-22 with total page 673 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the Final Report of Canada's Truth and Reconciliation Commission and its six-year investigation of the residential school system for Aboriginal youth and the legacy of these schools. This report, the summary volume, includes the history of residential schools, the legacy of that school system, and the full text of the Commission's 94 recommendations for action to address that legacy. This report lays bare a part of Canada's history that until recently was little-known to most non-Aboriginal Canadians. The Commission discusses the logic of the colonization of Canada's territories, and why and how policy and practice developed to end the existence of distinct societies of Aboriginal peoples. Using brief excerpts from the powerful testimony heard from Survivors, this report documents the residential school system which forced children into institutions where they were forbidden to speak their language, required to discard their clothing in favour of institutional wear, given inadequate food, housed in inferior and fire-prone buildings, required to work when they should have been studying, and subjected to emotional, psychological and often physical abuse. In this setting, cruel punishments were all too common, as was sexual abuse. More than 30,000 Survivors have been compensated financially by the Government of Canada for their experiences in residential schools, but the legacy of this experience is ongoing today. This report explains the links to high rates of Aboriginal children being taken from their families, abuse of drugs and alcohol, and high rates of suicide. The report documents the drastic decline in the presence of Aboriginal languages, even as Survivors and others work to maintain their distinctive cultures, traditions, and governance. The report offers 94 calls to action on the part of governments, churches, public institutions and non-Aboriginal Canadians as a path to meaningful reconciliation of Canada today with Aboriginal citizens. Even though the historical experience of residential schools constituted an act of cultural genocide by Canadian government authorities, the United Nation's declaration of the rights of aboriginal peoples and the specific recommendations of the Commission offer a path to move from apology for these events to true reconciliation that can be embraced by all Canadians.

Communists and Their Victims

Author : Roman David
Publisher : University of Pennsylvania Press
ISBN 13 : 081229498X
Total Pages : 280 pages
Book Rating : 4.8/5 (122 download)

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Book Synopsis Communists and Their Victims by : Roman David

Download or read book Communists and Their Victims written by Roman David and published by University of Pennsylvania Press. This book was released on 2018-03-14 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Communists and Their Victims, Roman David identifies and examines four classes of justice measures—retributive, reparatory, revelatory, and reconciliatory—to discover which, if any, rectified the legacy of human rights abuses committed during the communist era in the Czech Republic. Conducting interviews, focus groups, and nationwide surveys between 1999 and 2015, David looks at the impact of financial compensation and truth-sharing on victims' healing and examines the role of retribution in the behavior and attitudes of communists and their families. Emphasizing the narratives of former political prisoners, secret collaborators, and former Communist Party members, David tests the potential of justice measures to contribute to a shared sense of justice and their ability to overcome the class structure and ideological divides of a formerly communist regime. Complementing his original research with analysis of legal judgments, governmental reports, and historical records, David finds that some justice measures were effective in overcoming material and ideological divides while others obstructed victims' healing and inhibited the transformation of communists. Identifying "justice without reconciliation" as the primary factor hampering the process of overcoming the past in the Czech Republic, Communists and Their Victims promotes a transformative theory of justice that demonstrates that justice measures, in order to be successful, require a degree of reconciliation.

Seeking Human Rights Justice in Latin America

Author : Jeffrey Davis
Publisher : Cambridge University Press
ISBN 13 : 0521514363
Total Pages : 257 pages
Book Rating : 4.5/5 (215 download)

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Book Synopsis Seeking Human Rights Justice in Latin America by : Jeffrey Davis

Download or read book Seeking Human Rights Justice in Latin America written by Jeffrey Davis and published by Cambridge University Press. This book was released on 2014 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book studies how victims of human rights violations in Latin America, their families, and their advocates work to overcome entrenched impunity and seek legal justice. Their struggles show that legal justice is a multifaceted process, the overarching purpose of which is to restore human dignity and prevent further violence. Uncovering, revealing, and proving the truth are essential elements of legal justice, and are also powerful tools to activate the process. When faced with stubborn impunity at home, victims, families, and advocates can carry on their work for legal justice by bringing cases in courts in other countries or in the Inter-American human rights system. These extra-territorial courts can jumpstart the process of legal justice at home. Seeking Human Rights Justice in Latin America examines the political and legal struggle through the lens of the human story at the heart of these cases.

Searching for Truth in the Transitional Justice Movement

Author : Jamie Rowen
Publisher : Cambridge University Press
ISBN 13 : 1107108764
Total Pages : 195 pages
Book Rating : 4.1/5 (71 download)

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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.

There was this Goat

Author : Antjie Krog
Publisher : University of Kwazulu Natal Press
ISBN 13 : 9781869141660
Total Pages : 0 pages
Book Rating : 4.1/5 (416 download)

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Book Synopsis There was this Goat by : Antjie Krog

Download or read book There was this Goat written by Antjie Krog and published by University of Kwazulu Natal Press. This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: On April 23, 1996, Notrose Nobomvu Konile lifted her hand and swore to tell the truth to the South African Truth and Reconciliation Commission. She was the mother of Zabonke Konile, a young man killed in what has become known as the Gugulethu Seven incident. Antjie Krog, reporting as a journalist at the time, was struck by the seeming incoherence of the testimony. In 2004, colleagues Nosisi Mpolweni and Kopano Ratele joined Krog in a closer investigation of Mrs. Konile's words. The resulting three-year collaboration, drawing on different disciplinary and social backgrounds, has produced a fascinating account that leaves no detail of Mrs. Konile's narrative unexplored and poses questions about the unacknowledged assumptions that underpin research in this country. In addition, the book sheds light on the larger and highly relevant issues of how black and white South Africans can build bridges towards understanding one another across the cultural, social, and economic divides that threaten the country's democracy.

Justice as Prevention

Author : Pablo De Greiff
Publisher : SSRC
ISBN 13 : 0979077214
Total Pages : 568 pages
Book Rating : 4.9/5 (79 download)

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Book Synopsis Justice as Prevention by : Pablo De Greiff

Download or read book Justice as Prevention written by Pablo De Greiff and published by SSRC. This book was released on 2007 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt: Countries emerging from armed conflict or authoritarian rule face difficult questions about what to do with public employees who perpetrated past human rights abuses and the institutional structures that allowed such abuses to happen. Justice as Prevention: Vetting Public Employees in Transitional Societies examines the transitional reform known as "vetting"-the process by which abusive or corrupt employees are excluded from public office. More than a means of punishing individuals, vetting represents an important transitional justice measure aimed at reforming institutions and preventing the recurrence of abuses. The book is the culmination of a multiyear project headed by the International Center for Transitional Justice that included human rights lawyers, experts on police and judicial reform, and scholars of transitional justice and reconciliation. It features case studies of Argentina, Bosnia and Herzegovina, the Czech Republic, El Salvador, the former German Democratic Republic, Greece, Hungary, Poland, and South Africa, as well as chapters on due process, information management, and intersections between other institutional reforms.

Transitional Justice and Human Rights in Morocco

Author : Fadoua Loudiy
Publisher : Routledge
ISBN 13 : 131792956X
Total Pages : 184 pages
Book Rating : 4.3/5 (179 download)

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Book Synopsis Transitional Justice and Human Rights in Morocco by : Fadoua Loudiy

Download or read book Transitional Justice and Human Rights in Morocco written by Fadoua Loudiy and published by Routledge. This book was released on 2014-03-05 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the Moroccan experience of transitional justice, more specifically the negotiation of the legacy of the period commonly referred to as the Years of Lead. This period of Moroccan history roughly spans from the early 1960s to 1999 during which thousands of citizens were arbitrarily detained, tortured and killed because of their political opinions. Through an analysis of testimonies, public documents and personal interviews, Transitional Justice and Human Rights in Morocco seeks to shed light on Moroccan citizens’ struggle for recognition and reparation in the aftermath of a long history of grave human rights violations, ranging from arbitrary arrest and torture to state sponsored disappearances and murders. While Morocco’s experience is often presented within a historical global context, this book offers a comparative analysis, discussing other national examples to situate the Moroccan experience within the relatively recent history of political transitions. Seeking to advance a rhetoric of symbolic justice that privileges the voice of the victims and offers hope for the renewal of a community’s ethos through public discourse and ethico-political practices, this book will be an invaluable resource for students and scholars with an interest in Human Rights and Middle East Politics.

Truth Commissions

Author : Onur Bakiner
Publisher : University of Pennsylvania Press
ISBN 13 : 0812247620
Total Pages : 328 pages
Book Rating : 4.8/5 (122 download)

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Book Synopsis Truth Commissions by : Onur Bakiner

Download or read book Truth Commissions written by Onur Bakiner and published by University of Pennsylvania Press. This book was released on 2016-01-15 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Onur Bakiner evaluates the success of truth commissions in promoting political, judicial, and social change. He argues that even when commissions produce modest change as a result of political constraints, they open new avenues for human rights activism and transform public discourses on memory, truth, justice, and reconciliation.

Contradictions of Democracy

Author : Nicholas Rush Smith
Publisher : Oxford University Press
ISBN 13 : 0190847212
Total Pages : 320 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis Contradictions of Democracy by : Nicholas Rush Smith

Download or read book Contradictions of Democracy written by Nicholas Rush Smith and published by Oxford University Press. This book was released on 2019-01-17 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite being one of the world's most vibrant democracies, police estimate between five and ten percent of the murders in South Africa result from vigilante violence. This is puzzling given the country's celebrated transition to democracy and massive reform of the state's legal institutions. Where most studies explain vigilantism as a response to state or civic failure, in Contradictions of Democracy, Nicholas Rush Smith illustrates that vigilantism is actually a response to the processes of democratic state formation. In the context of densely networked neighborhoods, vigilante citizens often interpret the technical success of legal institutions-for instance, the arrest and subsequent release of suspects on bail-as failure and work to correct such perceived failures on their own. Smith also shows that vigilantism provides a new lens through which to understand democratic state formation. Among young men of color in some parts of South Africa, fear of extra-judicial police violence is common. Amid such fear, instead of the state seeming protective, it can appear as something akin to a massive vigilante organization. An insightful look into the high rates of vigilantism in South Africa and the general challenges of democratic state building, Contradictions of Democracy explores fundamental questions about political order, the rule of law, and democratic citizenship.