Suchergebnisse

Ciaran Hughes and Markus Ketola explore the consequences of neoliberal policies on the voluntary sector in Northern Ireland. They trace the changing relationships between government and voluntary organisations since the Good Friday Agreement and learn about the impact of neoliberal policies on governance, relationships and the peace process.

On 18 September India and Sri Lanka signed an agreement for the withdrawal of 40,000 Indian troops from Sri Lanka. On 20 September the Indian Peace-Keeping Force and the Tamil Tiger separatist guerrillas declared an indefinite ceasefire. But the civil war has left deep wounds in the Sri Lankan press

En una asociación normalizada de los conceptos paz y democracia, a los mecanismos democráticos se les emplea como receta quimérica que, en el caso de las sociedades divididas por el conflicto armado interno prolongado, no solo garantiza la finalización del conflicto y la no posibilidad de reincidencia en el uso de las armas y la violencia, sino que supone el paso a una sociedad decente y reconciliada. Esta asociación, establece una nueva forma de relación entre los miembros de la sociedad emergente, suponiendo la prolongación de la paz como fruto de un proceso social en el que se siguen con fidelidad las reglas establecidas por los mecanismos como, por ejemplo, los acuerdos de paz firmados y legitimados popularmente. Paradójicamente, la exacerbada confianza respecto de los mecanismos de legitimación, refrendación o ratificación, como culmen de una negociación exitosa y garantía cuasi-ontológica del post-acuerdo, termina por diluir las preocupaciones esenciales del contexto al que se quiere transitar, impidiendo visibilizar previamente cuáles serían los cambios reales en las interacciones de los actores de la sociedad transitada. Se promociona la ratificación de algo que no sabe bien lo qué significa en términos prácticos ni a qué concreciones conducirá. Se omiten los riesgos de los procesos de implementación de la democracia como el hecho de que pueden y han, en efecto, conducido en diferentes casos más al recrudecimiento de la violencia y la división, que la sostenibilidad de una paz acordada. ; A common association between peace and democracy as concepts, employ democratic mechanisms as chimerical recipe that, in the case of deeply divided societies by long internal armed conflict, not only guarantees the completion of conflict and no possibility of recurrence in the use of weapons and violence, but it involves a move to a decent society and reconciliation. This association is always expecting a new relationship between the members of the emerging society, assuming the continuation of peace as a result of a social process in which the rules established by the mechanisms have been faithfully followed, for example, agreements signed peace and popularly legitimized. Paradoxically, excessive confidence in the mechanisms of legitimation, referendum or ratification, as the culmination of a successful negotiation or a quasi-ontological guarantee of post-agreement reality, ends up diluting the essential concerns of the context to which you want to move, preventing visualize what kind of real changes would be required in the interactions of the actors from this society.

Abstract
Resolving protracted, asymmetric, and ethno-national conflicts is a notoriously problematic process, and only a handful of such attempts have ended in success. This paper is the first comparative study examining the relevance of "politically motivated violent offenders" (PMVOs) in propelling the shift from a long and bloody armed struggle to a negotiated agreement; indeed, they play an indispensable role in the ratification and the eventual implementation of any such agreement. We compare the role of PMVOs in three cases of protracted conflict resolution processes in the 1990s—Northern Ireland, South Africa, and the Israeli-Palestinian Oslo Accords. We argue that PMVOs constitute a distinguished socio-political actor characterized by high symbolic capital as the embodiment of the national struggle. This renders them a major source of political legitimacy, a necessary condition for attaining peace with hitherto sworn enemies and securing its implementation and stabilization. The paper analyzes the provisions within the respective agreements pertaining to prisoners' release as an incentive, or lack thereof, especially for organizations outside the peace process to cease violence. Whereas the British and South African governments fully recognized the PMVO issue, Israel's failure to recognize its importance was a major factor leading to the breakdown of the Oslo process.

Resolving protracted, asymmetric, and ethno-national conflicts is a notoriously problematic process, and only a handful of such attempts have ended in success. This paper is the first comparative study examining the relevance of "politically motivated violent offenders" (PMVOs) in propelling the shift from a long and bloody armed struggle to a negotiated agreement; indeed, they play an indispensable role in the ratification and the eventual implementation of any such agreement. We compare the role of PMVOs in three cases of protracted conflict resolution processes in the 1990s—Northern Ireland, South Africa, and the Israeli-Palestinian Oslo Accords. We argue that PMVOs constitute a distinguished socio-political actor characterized by high symbolic capital as the embodiment of the national struggle. This renders them a major source of political legitimacy, a necessary condition for attaining peace with hitherto sworn enemies and securing its implementation and stabilization. The paper analyzes the provisions within the respective agreements pertaining to prisoners' release as an incentive, or lack thereof, especially for organizations outside the peace process to cease violence. Whereas the British and South African governments fully recognized the PMVO issue, Israel's failure to recognize its importance was a major factor leading to the breakdown of the Oslo process.

Winning by Process asks why the peace process stalled in the decade from 2011 to 2021 despite a liberalizing regime, a national ceasefire agreement, and a multilateral peace dialogue between the state and ethnic minorities. Winning by Process argues that stalled conflicts are more than pauses or stalemates. "Winning by process," as opposed to winning by war or agreement, represents the state's ability to gain advantage by manipulating the rules of negotiation, bargaining process, and sites of power and resources. In Myanmar, five such strategies allowed the state to gain through process: locking in, sequencing, layering, outflanking, and outgunning. The Myanmar case shows how process can shift the balance of power in negotiations intended to bring an end to civil war. During the last decade, the Myanmar state and military controlled the process, neutralized ethnic minority groups, and continued to impose their vision of a centralized state even as they appeared to support federalism.

Winning by Process asks why the peace process stalled in the decade from 2011–2021 despite a liberalizing regime, a national ceasefire agreement, and multilateral peace dialogue between the state and ethnic minorities. Winning by Process argues that stalled conflicts are more than pauses or stalemates. "Winning by process," as opposed to winning by war or agreement, represents the state's ability to gain advantage by manipulating the rules of negotiation, bargaining process, and sites of power and resources. In Myanmar, five such strategies allowed the state to gain through process: locking in, sequencing, layering, outflanking, and outgunning. The Myanmar case shows how process can shift the balance of power in negotiations intended to bring an end to civil war. During the last decade, the Myanmar state and military controlled the process, neutralized ethnic minority groups, and continued to impose their vision of a centralized state even as they appeared to support federalism

Cover -- Halftitle page -- Title page -- Copyright page -- Contents -- Maps -- Acknowledgements -- Introduction1 -- The date of the book -- The author and his purposes -- The themes of the book -- The structure of the book -- Al-Balādhurī's use of his sources -- Al-Balādhurī's use of poetry -- Wit and humour in the Futūḥ -- Historical reliability -- Conventions -- Commentaries and notes -- Part One Conquests in the Arabian Peninsula -- 1 The conquest of Medina -- Key Readings -- 2 Conquests in the Ḥijaz The property of the Banu'l-Nadị̄r -- 3 The property of the Banū Qurayzạ -- 4 Khaybar -- Key reading -- 5 Fadak -- 6 The case of Wādi'l-Qurā and Taymā' -- 7 Mecca -- 8 The wells of Mecca -- 9 The case of the floods of Mecca -- 10 Al-Tạ̄'if -- 11 Tabāla and Jurash1 -- 12 Tabūk, Ayla, Udhruh, ̣ Maqnā and al-Jarbā' -- 13 Dūmat al-Jandal1 -- 14 The peace agreement (sụlh)̣ with Najrān -- 15 Yemen -- 16 Oman -- Key reading -- 17 Al-Bahṛayn -- 18 Al-Yamāma -- 19 Information about the ridda of the Arabs in the caliphate of Abū Bakr al-Sịdḍīq, may God be pleased with him. -- Key reading -- 20 The apostasy of Banū Walīʿa and al-Ash ʿath b. Qays b. Ma ʿdī Karib b. Mu ʿā wiya al-Kindī -- Key reading -- 21 The affair of al-Aswad al-ʿAnsī and those who apostatized with him in Yemen -- Part Two The conquests of the armies of Syria -- 22 The conquests of Syria -- 23 The expedition of Khālid b. al-Walīd to Syria and his conquests on the way -- 24 The conquest of Busṛā -- 25 The day of Ajnādīn also known as Ajnādayn -- 26 The Battle of Fihḷ in Jordan -- 27 The case of Jordan -- 28 The Battle of Marj al- Sụffar -- 29 The conquest of Damascus and its territory -- 30 The case of Ḥoms ̣ -- 31 The Battle of al-Yarmūk -- 32 The case of Palestine -- 33 The case of the Jund of Qinnasrīn and the cities which are called the ʿAwāsịm -- 34 The case of Cyprus.

In a political climate that holds limited promise for addressing the issue of child recruitment, Child Soldiers and Transitional Justice: Protecting the Rights of Children Involved in Armed Conflicts challenges the trend towards a narrow focus on recruitment and use of the child, and seeks to contribute to more effective prevention and responses that offer the child a chance of recovery, reconciliation and reintegration. This book adapts existing theoretical frameworks of transitional justice in order to analyse child recruitment, with a view to demonstrating how a society can address the issue in a holistic way. It systematises relevant knowledge across a wide range of legal fields to allow for greater understanding of the law and principles, and a more informed basis for practical engagement with transitional justice mechanisms.Delving deep into the travaux préparatoires of each of the fundamental legal instruments, the author analyses their evolution, spanning humanitarian law, human rights law, criminal law, and other aspects of public law, including peace agreements and action plans developed with armed groups and forces. He provides a particular focus on and in-depth analysis of the Lubanga case, and its implications for other components of transitional justice. The findings highlight arguments for placing child recruitment firmly on the transitional justice agenda. By considering child recruitment against a transitional justice framework, the book allows a detailed understanding of the distinct but complementary components - rule of law, criminal justice, historical justice, reparatory justice, institutional justice, and participatory justice - and reveals the untapped potential in interactions between different areas of transitional justice.About the authorBo Viktor Nylund is a protection and legal practitioner who has focused on state and non-state actor responsibility and accountability throughout his career. Bo Viktor has Masters degrees in law and political science from Columbia University Law School and Abo Akademi University and a PhD in international law from the Geneva Graduate Institute for International Studies. He has served UNHCR, UNICEF and OHCHR and is currently UNICEF's Representative in Burundi

In a political climate that holds limited promise for addressing the issue of child recruitment, Child Soldiers and Transitional Justice: Protecting the Rights of Children Involved in Armed Conflicts challenges the trend towards a narrow focus on recruitment and use of the child, and seeks to contribute to more effective prevention and responses that offer the child a chance of recovery, reconciliation and reintegration. This book adapts existing theoretical frameworks of transitional justice in order to analyse child recruitment, with a view to demonstrating how a society can address the issue in a holistic way. It systematises relevant knowledge across a wide range of legal fields to allow for greater understanding of the law and principles, and a more informed basis for practical engagement with transitional justice mechanisms.Delving deep into the travaux préparatoires of each of the fundamental legal instruments, the author analyses their evolution, spanning humanitarian law, human rights law, criminal law, and other aspects of public law, including peace agreements and action plans developed with armed groups and forces. He provides a particular focus on and in-depth analysis of the Lubanga case, and its implications for other components of transitional justice. The findings highlight arguments for placing child recruitment firmly on the transitional justice agenda. By considering child recruitment against a transitional justice framework, the book allows a detailed understanding of the distinct but complementary components - rule of law, criminal justice, historical justice, reparatory justice, institutional justice, and participatory justice - and reveals the untapped potential in interactions between different areas of transitional justice.About the authorBo Viktor Nylund is a protection and legal practitioner who has focused on state and non-state actor responsibility and accountability throughout his career. Bo Viktor has Masters degrees in law and political science from Columbia University Law School and Abo Akademi University and a PhD in international law from the Geneva Graduate Institute for International Studies. He has served UNHCR, UNICEF and OHCHR and is currently UNICEF's Representative in Burundi

Abstract
Introduction
In Colombia, research on health and conflict has focused on mental health, psychosocial care, displacement, morbidity, and mortality. Few scientific studies have assessed health system functioning during armed conflicts. In a new period characterized by the implementation of the peace agreement with the Revolutionary Armed Forces of Colombia (FARC) armed group, understanding the effects of armed conflict on the health system, the functions, and institutions shaped by the conflict is an opportunity to understand the pathways and scope of post-conflict health policy reforms. Therefore, this study was conducted to assess the effects of armed conflict on the health system, response, and mechanisms developed to protect medical missions during armed conflict in Colombia.

Methods
This research was conducted using a qualitative approach with semi-structured interviews and focus group discussions. The qualitative guide collected information in four sections: (1) conflict and health system, effects and barriers in health service provision, (2) actions and coordination to cope with those barriers, (3) health policies and armed conflict, and (4) post-accord and current situation. Twenty-two people participated in the interviews, including eight policymakers at the national level and seven at the local level, including two NGOs and five members of international organizations. An academic project event in December 2019 and four focus groups were developed (World Cafe technique) to discuss with national and local stakeholders the effects of armed conflict on the health system and an analytical framework to analyze its consequences.

Results
The conflict affected the health-seeking behavior of the population, limited access to healthcare provision, and affected health professionals, and was associated with inadequate medical supplies in conflict areas. The health system implemented mechanisms to protect the medical mission, regulate healthcare provision in conflict areas, and commit to healthcare provision (mental and physical health services) for the population displaced by conflict.

Conclusion
The state's presence, trust, and legitimacy have significantly reduced in recent years. However, it is crucial to restore them by ensuring that state and health services are physically present in all territories, including remote and rural areas.

The paper examines the dialogic constitutionalism proposed by Robert Gargarella in his criticism to the holding of the the Inter-American Court of Human Rights in the Gelman case. After introducing its main traits, I say that a dialogic model of a democratic nature should be more demanding with the demand of deliberative deepness and that democratic legitimacy is not the core parameter of political morality to assess the functioning of a regional system of human rights. I propose that the dialogic role of the Inter-American Court has to measured in terms of ecological legitimacy and cooperative subsidiarity, whose axes are protective efficacy and mutual recognition. The justification of deference to the national criterion is then subject to the State's reliability that comes from the satisfaction of three cooperative responsibilities: impartiality, democratic culture of justification and conventional perspective. I use these responsibilities to compare the Uruguayan Expiry Law with the special criminal system provided by the Colombian Peace Agreement. ; Este trabajo examina el constitucionalismo dialógico propuesto por Roberto Gargarella cuando critica el fallo de la Corte Interamericana de Derechos Humanos en el caso Gelman. Una vez presentadas sus características, se mantiene que un modelo dialógico de tipo democrático debería ser más exigente en lo que atañe a la demanda de profundidad deliberativa y que la legitimidad democrática no es el parámetro de moralidad política central desde el cual valorar el funcionamiento de un sistema regional de derechos humanos. Se propone que el rol dialógico de un tribunal como la Corte Interamericana debe medirse en términos de legitimidad ecológica y subsidiariedad cooperativa, cuyos ejes son la eficacia protectora y el reconocimiento mutuo. Siguiendo esta visión, la justificación de la deferencia al criterio nacional se condiciona a la confiabilidad del Estado derivada de su satisfacción de tres responsabilidades cooperativas: imparcialidad, cultura democrática de la justificación y perspectiva convencional. Atendiendo a estas responsabilidades, se compara la Ley de Caducidad uruguaya con el sistema penal especial previsto en el Acuerdo de Paz colombiano.