Transitional justice: the legal framework
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Call for Papers for a Special Issue of the International Journal of Transitional Justice. Deadline: June 1, 2023
SSRN
Working paper
In: Memory politics and transitional justice
In: Springer eBook Collection
Chapter 1: Human Rights and Transitional Justice -- Chapter 2: Chilean recent history -- Chapter 3: Searching for the Truth -- Chapter 4: Reparations for the victims -- Chapter 5: Memorialising and Commemorating -- Chapter 6: Investigating and condemning the perpetrators -- Chapter 7: "Never Again" and guarantees of non-repetition.
Th is article questions whether transitional justice can deliver social change. Th e author discusses the importance of re-assessing expectations so that transitional justice processes and the legal framework that drives them, including international human rights law, are used to achieve what they are able to deliver. By classifying social change in three categories, namely: ordinary changes, structural changes and fundamental changes, the author argues that a fundamental social change happens when social struggle is able to put forward a new dominant ideology inspired by radically different values to those that allowed the repression or the conflict to take place. While it is not realistic to expect transitional justice to deliver development, democracy, rule of law or peace, the author argues, transitional justice, when properly conducted, can indeed contribute to deliver fundamental change but it cannot deliver it on its own.
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In: Studia politica: Romanian political science review ; revista română de ştiinţă politică, Band 6, Heft 2, S. 257-284
Observers have argued that the window of opportunity allowing for the adoption of transitional justice methods in Eastern Europe had closed by mid-1990s, both because by then the public had lost interest in the topic and because former communist officials and secret political police officers retained their political clout and it to block an honest reassessment of the recent past. However, it was only toward the end of the decade that Poland adopted lustration, opened secret archives and investigated a number of communist-era atrocities, proving that, if there is political will, justice delayed might not amount to justice denied. This article examines three methods post-communist Poland has employed in order to come to terms with the communist past -lustration, secret file access and court proceedings- and offers four different explanatory factors that, when taken together, can explain the country's reluctance to pursue the politics of memory more resolutely.
In: Conflict and society: advances in research, Band 2, Heft 1, S. 74-86
ISSN: 2164-4551
A focus on understanding and managing the reactions of affected populations has led to hybridity's being an important part of the discussions about, and applications of, transitional justice. However, despite the presence of "resistance" as a component in theories of hybrid peace, there is limited in-depth theoretical or empirical work on resistance to transitional justice. Th e content of this article addresses this gap in two main ways. First, it asks what we can learn from theories of hybrid peace about resistance to transitional justice. Second, it proposes a particular approach to resistance that would allow for a more dynamic and ultimately more useful understanding of resistance to transitional justice. Th e argument presented here states not only that we must seek to understand the nature of resistance as a part of hybridity, but we must do so by analyzing the relational process through which acts come to be defined as resistance.
In: Europa perspectives in transitional justice
Introduction / Elias O. Opongo and Tim Murithi -- Election Financing and Violence: Implication for Transitional Justice in Nigeria, Kenya and Sierra Leone / Elias O. Opongo -- Media and Electoral Violence in Kenya and Nigeria: Holding Journalists Accountable in Transitional Justice Processes / Joseph Olusegun Adebayo -- Electoral Systems, Election Outcomes and Legal Frameworks: A Challenge to Transitional Justice Process in South Sudan, Rwanda and Uganda / C.A. Mumma-Martinon -- Youth and Electoral Violence in Burundi and the Democratic Republic of Congo: Establishing Political Accountability in Transitional Justice contexts / Patrick Hajayandi -- Women in Politics: Gender, Security and Transitional Justice in Electoral Processes in Africa / Lanoi Maloiy -- Electoral Observation and Transitional Justice in Southern Africa: A Comparative Analysis of Zimbabwe and Angola / Clever Chikwanda -- The International Criminal Court and Electoral Justice in Kenya and Côte d'Ivoire / Elias O. Opongo -- Transitional Justice and the Mitigation of Electoral Violence through Amani Mashinani Model in Uasin Gishu County, Kenya / Susan Mbula Kilonzo -- Electoral Processes as Platforms for Transitional Justice: Rethinking Governance Systems in Africa / Tim Murithi -- Conclusion: Elections, Transitional Justice and the Way Forward / Tim Murithi and Elias O. Opongo.
In: SUR - International Journal On Human Rights, Band 11, Heft 20
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Why are certain responses to past human rights violations considered instances of transitional justice while others are disregarded? This study interrogates the history of the discourse and practice of the field to answer that question. Zunino argues that a number of characteristics inherited as transitional justice emerged as a discourse in the 1980s and 1990s have shaped which practices of the present and the past are now regarded as valid responses to past human rights violations. He traces these influential characteristics from Argentina's transition to democracy in 1983, the end of communism in Eastern Europe, the development of international criminal justice, and the South African truth commission of 1995. Through an analysis of the post-World War II period, the decolonisation process and the Cold War, Zunino identifies a series of episodes and mechanisms omitted from the history of transitional justice because they did not conform to its accepted characteristics.
In: Memory politics and transitional justice
World Affairs Online
In: Journal of democracy, Band 26, Heft 2, S. 5-20
ISSN: 1086-3214
The political-transition paradigm has been widely debated in the pages of the Journal of Democracy and elsewhere, but its idealistic younger sibling, the transitional-justice paradigm, has rarely been scrutinized so critically. This article argues that as the International Criminal Court runs out of steam, the heyday of transitional justice—with its clamor for more international tribunals and truth commissions—has passed. Whatever lawyers want us to believe, laws are made by people, and law cannot be morally superior to politics. In the aftermath of mass violence, we need a combination of serious historical research and pragmatic political solutions, not therapeutic legalism.
In: Dov Jacobs & Luke Moffett, Research handbook on Transitional Justice (Edward Elgar, 2016)
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Working paper
This dissertation is about how democracies can respond to economic crises. At its centre is the dilemma that political elites, and societies as a whole, face after such an event –whether to focus exclusively on forward-looking policies that secure a recovery or whether to also address the underlying causes of the crisis, learning the lessons of the past but also weathering the divisiveness and recrimination this exercise is likely to elicit. To engage with this dilemma, this research takes inspiration from the field of transitional justice on how societies can deal with the past, and learn from it. Of special interest are the mechanisms of transitional justice. Truth commissions most prominently, but also prosecutions, reparations, and constitutional reforms. The analysis moves from a cross-country comparison of truth commissions deployed in Iceland, Ireland, and Greece after the Great Recession, to a case study of a comprehensive range of mechanisms deployed in Iceland, to an impact assessment of the most effective of the three truth commission. I will argue that the transitional justice framework brings helpful and practical insights when applied to the study of economic crises in established democracies. It challenges the conventional wisdom that 'business as usual' will prevail after an economic crisis; it also yields principles for designing mechanisms that promote learning from the past and building-in better practices in the future.
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In: The Oxford Handbook on Atrocity Crimes, 2019
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