Truth Recovery And Transitional Justice

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Truth Recovery and Transitional Justice

Author : Iosif Kovras
Publisher : Routledge
ISBN 13 : 1136186859
Total Pages : 228 pages
Book Rating : 4.1/5 (361 download)

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Book Synopsis Truth Recovery and Transitional Justice by : Iosif Kovras

Download or read book Truth Recovery and Transitional Justice written by Iosif Kovras and published by Routledge. This book was released on 2014-05-16 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates why some societies defer transitional justice issues after successful democratic consolidation. Despite democratisation, the exhumation of mass graves containing the victims from the violence in Cyprus (1963-1974) and the Spanish civil war (1936-1939) was delayed until the early 2000s, when both countries suddenly decided to revisit the past. Although this contradicts the actions of other countries such as South Africa, Bosnia, and Guatemala where truth recovery for disappeared/missing persons was a central element of the transition to peace and democracy, Cyprus and Spain are not alone: this is an increasing trend among countries trying to come to terms with past violence. Truth Recovery and Transitional Justice considers the case studies of Spain and Cyprus and explores three interrelated issues. First, the book examines which factors can explain prolonged silence on the issue of missing persons in transitional settings. It then goes on to explore the transformation of victims’ groups from opponents of truth recovery to vocal pro-reconciliation pressure groups, and examines the circumstances in which it is better to tie victims’ rights to an overall political settlement. Finally, the author goes on to compare Spain and Cyprus with Greece- a country that remains resistant to post-transitional justice norms. This book will be of interest to students of transitional justice, human rights, peace and conflict studies and security studies in general.

Truth, Denial and Transition

Author : Cheryl Lawther
Publisher : Routledge
ISBN 13 : 1317755510
Total Pages : 217 pages
Book Rating : 4.3/5 (177 download)

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Book Synopsis Truth, Denial and Transition by : Cheryl Lawther

Download or read book Truth, Denial and Transition written by Cheryl Lawther and published by Routledge. This book was released on 2018-10-08 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Truth, Denial and Transition: Northern Ireland and the Contested Past makes a unique and timely contribution to the transitional justice field. In contrast to the focus on truth and those societies where truth recovery has been central to dealing with the aftermath of human rights violations, comparatively little scholarly attention has been paid to those jurisdictions whose transition from violent conflict has been marked by the absence or rejection of a formal truth process. This book draws upon the case study of Northern Ireland, where, despite a lengthy debate, the question of establishing a formal truth recovery process remains hotly contested. The strongest and most vocal opposition has been from unionist political elites, loyalist ex-combatants and members of the security forces. Based on empirical research, their opposition is unpicked and interrogated at length throughout this book. Critically exploring notions of national imagination and blamelessness, the politics of victimhood and the tension between traditions of sacrifice and the fear of betrayal, this book is the first substantive effort to concentrate on the opponents of truth recovery rather than its advocates. This book will interest those studying truth processes and transitional justice in the fields of Law, Politics, and Criminology.

Truth Recovery and Justice After Conflict

Author : Marie Breen Smyth
Publisher : Routledge
ISBN 13 : 1134079494
Total Pages : 221 pages
Book Rating : 4.1/5 (34 download)

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Book Synopsis Truth Recovery and Justice After Conflict by : Marie Breen Smyth

Download or read book Truth Recovery and Justice After Conflict written by Marie Breen Smyth and published by Routledge. This book was released on 2007-10-18 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the problem of managing the unfinished business of a violent past in societies moving out of political violence. Truth Commissions are increasingly used to unearth the acts committed by the various protagonists and to acknowledge the suffering of their victims. This book uniquely focuses on the conditions which predispose – or prevent – embarkation on a truth recovery process, and the rationale for that process. There is, it argues, no magic moment of ‘readiness’ for truth recovery: the conditions are constructed by political ‘willingness’ rather than spontaneously occurring. Much of the literature on Northern Ireland’s past provides historical analyses of the conflict – Republican, state or Loyalist violence – and is often (implicitly or explicitly) associated with one or other of the partisans in the conflict. This book focuses on the dynamic between the protagonists and how each of their positions, in this case on truth recovery, combine to produce the overall political status quo in Northern Ireland. As the society struggles to move forward, Marie Breen Smyth considers whether the entrenched positions of some, and the failure understand the views of others, can be shifted by a societal revisiting and re-evaluation of the past. Truth Recovery and Justice after Conflict arises from a decade’s writing and research with both victims and those close to the armed groups in Northern Ireland. It is also informed by the author’s work in South Africa, West Africa, Israel and the Occupied Palestinian Territories. It will be of great interest to students and researchers in politics, international relations, peace studies and law.

Truth, Denial and Transition

Author : Cheryl Lawther
Publisher : Routledge
ISBN 13 : 1317755502
Total Pages : 224 pages
Book Rating : 4.3/5 (177 download)

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Book Synopsis Truth, Denial and Transition by : Cheryl Lawther

Download or read book Truth, Denial and Transition written by Cheryl Lawther and published by Routledge. This book was released on 2018-10-08 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Truth, Denial and Transition: Northern Ireland and the Contested Past makes a unique and timely contribution to the transitional justice field. In contrast to the focus on truth and those societies where truth recovery has been central to dealing with the aftermath of human rights violations, comparatively little scholarly attention has been paid to those jurisdictions whose transition from violent conflict has been marked by the absence or rejection of a formal truth process. This book draws upon the case study of Northern Ireland, where, despite a lengthy debate, the question of establishing a formal truth recovery process remains hotly contested. The strongest and most vocal opposition has been from unionist political elites, loyalist ex-combatants and members of the security forces. Based on empirical research, their opposition is unpicked and interrogated at length throughout this book. Critically exploring notions of national imagination and blamelessness, the politics of victimhood and the tension between traditions of sacrifice and the fear of betrayal, this book is the first substantive effort to concentrate on the opponents of truth recovery rather than its advocates. This book will interest those studying truth processes and transitional justice in the fields of Law, Politics, and Criminology.

Theorizing Transitional Justice

Author : Claudio Corradetti
Publisher : Routledge
ISBN 13 : 1317010876
Total Pages : 276 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis Theorizing Transitional Justice by : Claudio Corradetti

Download or read book Theorizing Transitional Justice written by Claudio Corradetti and published by Routledge. This book was released on 2016-02-17 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the theoretical underpinnings of the field of transitional justice, something that has hitherto been lacking both in study and practice. With the common goal of clarifying some of the theoretical profiles of transitional justice strategies, the study is organized along crucial intersections evaluating aspects connected to the genealogy, the nature, the scope and the most appropriate methodology for the study of transitional justice. The chapters also take up normative and political considerations pertaining to specific transitional instruments such as war crime tribunals, truth commissions, administrative purges, reparations, and historical commissions. Bringing together some of the most original writings from established experts as well as from promising young scholars in the field, the collection will be an essential resource for researchers, academics and policy-makers in Law, Philosophy, Politics, and Sociology.

Truth recovery in Northern Ireland

Author : Kirk Simpson
Publisher : Manchester University Press
ISBN 13 : 1847797288
Total Pages : 273 pages
Book Rating : 4.8/5 (477 download)

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Book Synopsis Truth recovery in Northern Ireland by : Kirk Simpson

Download or read book Truth recovery in Northern Ireland written by Kirk Simpson and published by Manchester University Press. This book was released on 2013-07-19 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Northern Ireland has entered what is arguably the key phase in its troubled political history – truth recovery and dealing with the legacy of the past – yet the void in knowledge and the lack of academic literature with regard to victims’ rights is particularly striking. This book, newly available in paperback, analyses truth recovery as a fundamental aspect of the transition from political violence to peace, democracy and stability in post-conflict Northern Ireland. Kirk Simpson argues that it is essential for any process of truth recovery in Northern Ireland to provide the victims of political violence with the opportunity to express and articulate their narratives of suffering within the context of public dialogic processes. He outlines a unique and original model: that victims of political violence should be enabled to engage in meaningful truth recovery through a Habermasian process of public democratic deliberation and communication involving direct dialogue with the perpetrators of such violence. This process of ‘communicative justice’ is framed within Habermas’s theory of communicative action and can help to ensure that legitimate truth recovery publicly acknowledges the trauma of victims and subjects perpetrator narratives of political violence to critical scrutiny and rational deconstruction. Crucially, the book aims to contribute to the empowerment of victims in Northern Ireland by stimulating constructive discussion and awareness of hitherto silenced narratives of the conflict. This difficult and unsettling interrogation and interpretation of the conflict from a comparatively ‘unknown perspective’ is central to the prospects for critically examining and mastering the past in Northern Ireland.

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.

Transitional Justice and the ‘Disappeared’ of Northern Ireland

Author : Lauren Dempster
Publisher : Routledge
ISBN 13 : 1351239368
Total Pages : 233 pages
Book Rating : 4.3/5 (512 download)

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Book Synopsis Transitional Justice and the ‘Disappeared’ of Northern Ireland by : Lauren Dempster

Download or read book Transitional Justice and the ‘Disappeared’ of Northern Ireland written by Lauren Dempster and published by Routledge. This book was released on 2019-06-11 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book employs a transitional justice lens to address the ‘disappearances’ that occurred during the Northern Ireland conflict – or ‘Troubles’ – and the post-conflict response to these ‘disappearances.’ Despite an extensive literature around ‘dealing with the past’ in Northern Ireland, as well as a substantial body of scholarship on ‘disappearances’ in other national contexts, there has been little scholarly scrutiny of ‘disappearances’ in post-conflict Northern Ireland. Although the Good Friday Agreement brought relative peace to Northern Ireland, no provision was made for the establishment of some form of overarching truth and reconciliation commission aimed at comprehensively addressing the legacy of violence. Nevertheless, a mechanism to recover the remains of the ‘disappeared’ – the Independent Commission for the Location of Victims’ Remains (ICLVR) – was established, and has in fact proven to be quite effective. As a result, the reactions of key constituencies to the ‘disappearances’ can be used as a prism through which to comprehensively explore issues of relevance to transitional justice scholars and practitioners. Pursuing an interdisciplinary approach, and based on extensive empirical research, this book provides a multifaceted exploration of the responses of these constituencies to the practice of ‘disappearing.’ It engages with transitional justice themes including silence, memory, truth, acknowledgement, and apology. Key issues examined include the mobilisation efforts of families of the ‘disappeared,’ efforts by a (former) non-state armed group to address its legacy of violence, the utility of a limited immunity mechanism to incentivise information provision, and the interplay between silence and memory in the shaping of a collective, societal understanding of the ‘disappeared.’

Transforming Societies after Political Violence

Author : Brandon Hamber
Publisher : Springer Science & Business Media
ISBN 13 : 0387894276
Total Pages : 255 pages
Book Rating : 4.3/5 (878 download)

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Book Synopsis Transforming Societies after Political Violence by : Brandon Hamber

Download or read book Transforming Societies after Political Violence written by Brandon Hamber and published by Springer Science & Business Media. This book was released on 2009-06-12 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: Paraphrasing Descartes, we may say that one method is to take the reader into your conf idence by explaining to him how you arrived at your discovery; the other is to bully him into accepting a conclusion by parading a series of propositions which he must accept and which lead to it. The first method allows the reader to re-think your own thoughts in their natural order. It is an autobiographical style. Writing in this style, you include, not what you had for breakfast on the day of your discovery, but any significant consideration which helped you arrive at your idea. In particular, you say what your aim was – what problems you were trying to solve and what you hoped from a solution of them. The other style suppresses all this. It is didactic and intimidating. J. W. N. Watkins, Confession is Good for Ideas (Watkins, 1963, pp. 667–668) I began writing this book over 12 years ago. It was started in the midst of the South African Truth and Reconciliation Commission (TRC). It is an exploration of what I have learned from the process. During the TRC, I was working at the Centre for the Study of Violence and Reconciliation (CSVR) in South Africa, primarily with people who testified before the Commission, but also on a range of research and policy initiatives in the area that is now called ‘transitional justice’. I have written about the TRC process extensively.

Research Handbook on Transitional Justice

Author : D Jacobs
Publisher : Edward Elgar Publishing
ISBN 13 : 178195531X
Total Pages : pages
Book Rating : 4.7/5 (819 download)

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Book Synopsis Research Handbook on Transitional Justice by : D Jacobs

Download or read book Research Handbook on Transitional Justice written by D Jacobs and published by Edward Elgar Publishing. This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing detailed and comprehensive coverage of the transitional justice field, this Research Handbook brings together leading scholars and practitioners to explore how societies deal with mass atrocities after periods of dictatorship or conflict. Situating the development of transitional justice in its historical context, social and political context, it analyses the legal instruments that have emerged.

Identity, Reconciliation and Transitional Justice

Author : Nevin T. Aiken
Publisher : Routledge
ISBN 13 : 1135086672
Total Pages : 280 pages
Book Rating : 4.1/5 (35 download)

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Book Synopsis Identity, Reconciliation and Transitional Justice by : Nevin T. Aiken

Download or read book Identity, Reconciliation and Transitional Justice written by Nevin T. Aiken and published by Routledge. This book was released on 2013-04-15 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Building upon an interdisciplinary synthesis of recent literature from the fields of transitional justice and conflict transformation, this book introduces a groundbreaking theoretical framework that highlights the critical importance of identity in the relationship between transitional justice and reconciliation in deeply divided societies. Using this framework, Aiken argues that transitional justice interventions will be successful in promoting reconciliation and sustainable peace to the extent that they can help to catalyze those crucial processes of ‘social learning’ needed to transform the antagonistic relationships and identifications that divide post-conflict societies even after the signing of formal peace agreements. Combining original field research and an extensive series of expert interviews, Aiken applies this social learning model in a comprehensive examination of both the South African Truth and Reconciliation Commission and the uniquely ‘decentralized’ approach to transitional justice that has emerged in Northern Ireland. By offering new insight into the experiences of these countries, Aiken provides compelling firsthand evidence to suggest that transitional justice interventions can best contribute to post-conflict reconciliation if they not only provide truth and justice for past human rights abuses, but also help to promote contact, dialogue and the amelioration of structural and material inequalities between former antagonists. Identity, Reconciliation and Transitional Justice makes a timely contribution to debates about how to best understand and address past human rights violations in post-conflict societies, and it offers a valuable resource to students, scholars, practitioners and policymakers dealing with these difficult issues.

Pieces of the Puzzle

Author : Charles Villa-Vicencio
Publisher : African Minds
ISBN 13 : 0958479453
Total Pages : 137 pages
Book Rating : 4.9/5 (584 download)

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Book Synopsis Pieces of the Puzzle by : Charles Villa-Vicencio

Download or read book Pieces of the Puzzle written by Charles Villa-Vicencio and published by African Minds. This book was released on 2004 with total page 137 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reconciliation - Ubuntu - Peace processes - Reparation - Restorative justice - Amnesty - Memory - Testimony - Transitional justice - Genocide - The international criminal court - Truth commissions - Traditional and customary law - Human rights - Rights and reconciliation - Economic transformation - National truth commissions - Online resources on transitional.

Assessing the Impact of Transitional Justice

Author : Hugo Van der Merwe
Publisher : US Institute of Peace Press
ISBN 13 : 1601270364
Total Pages : 348 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis Assessing the Impact of Transitional Justice by : Hugo Van der Merwe

Download or read book Assessing the Impact of Transitional Justice written by Hugo Van der Merwe and published by US Institute of Peace Press. This book was released on 2009 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Assessing the Impact of Transitional Justice, fourteen leading researchers study seventy countries that have suffered from autocratic rule, genocide, and protracted internal conflict.

Truth and Transitional Justice

Author : Alice Panepinto
Publisher : Bloomsbury Publishing
ISBN 13 : 1509921273
Total Pages : 445 pages
Book Rating : 4.5/5 (99 download)

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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 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: With a unique transitional justice perspective on the Arab Spring, this book assesses the relocation of transitional justice from the international paradigm to Islamic legal systems. The Arab uprisings and new and old conflicts in the Middle East, North Africa and other contexts where Islam is a prominent religion have sparked an interest in localising transitional justice in the legal systems of Muslim-majority communities to uncover the truth about past abuse and ensure accountability for widespread human rights violations. This raises pressing questions around how the international paradigm of transitional justice, and in particular its truth-seeking aims, might be implemented and adapted to local settings characterised by Muslim majority populations, and at the same time drawing from relevant norms and principles of Islamic law. 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 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 and broadly supported by the shari'ah. This book will be a useful reference for scholars, practitioners and policymakers seeking to better understand the normative underpinnings of (potential) transitional truth-seeking initiatives in the legal systems of Muslim-majority societies. At the same time, it also proposes a more critical and creative way of thinking about the challenges and opportunities of localising transitional justice in contexts where the principles and ideas of Islamic law carry different meanings.

Beyond Genocide: Transitional Justice and Gacaca Courts in Rwanda

Author : Pietro Sullo
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.

Grassroots Activism and the Evolution of Transitional Justice

Author : Iosif Kovras
Publisher : Cambridge University Press
ISBN 13 : 1107166659
Total Pages : 305 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Grassroots Activism and the Evolution of Transitional Justice by : Iosif Kovras

Grassroots Activism and the Evolution of Transitional Justice

Author : Iosif Kovras
Publisher : Cambridge University Press
ISBN 13 : 1316738930
Total Pages : 305 pages
Book Rating : 4.3/5 (167 download)

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Book Synopsis Grassroots Activism and the Evolution of Transitional Justice by : Iosif Kovras

Download or read book Grassroots Activism and the Evolution of Transitional Justice written by Iosif Kovras and published by Cambridge University Press. This book was released on 2017-04-19 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: The families of the disappeared have long struggled to uncover the truth about their missing relatives. In so doing, their mobilization has shaped central transitional justice norms and institutions, as this ground-breaking work demonstrates. Kovras combines a new global database with the systematic analysis of four challenging case studies - Lebanon, Cyprus, South Africa and Chile - each representative of a different approach to transitional justice. These studies reveal how variations in transitional justice policies addressing the disappeared occur: explaining why victims' groups in some countries are caught in silence, while others bring perpetrators to account. Conceiving of transitional justice as a dynamic process, Kovras traces the different phases of truth recovery in post-transitional societies, giving substance not only to the 'why' but also the 'when' and 'how' of this kind of campaign against impunity. This book is essential reading for all those interested in the development of transitional justice and human rights.