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Criminal tribunals, truth commissions, reparations, apologies and memorializations are the characteristic instruments in the transitional justice toolkit that can help societies transition from authoritarianism to democracy, from civil war to peace, and from state-sponsored extralegal violence to a rights-respecting rule of law. Over the last several decades, their growing use has established transitional justice as a body of both theory and practice whose guiding norms and structures encompasses the range of institutional mechanisms by which societies address the wrongs committed by past regimes in order to lay the foundation for more legitimate political and legal order. In Transitional Justice a group of leading scholars in philosophy, law, and political science settles some of the key theoretical debates over the meaning of transitional justice while opening up new ones. By engaging both theorists and empirical social scientists in debates over central categories of analysis in the study of transitional justice, it also illuminates the challenges of making strong empirical claims about the impact of transitional institutions.

Criminal tribunals, truth commissions, reparations, apologies and memorializations are the characteristic instruments in the transitional justice toolkit that can help societies transition from authoritarianism to democracy, from civil war to peace, and from state-sponsored extralegal violence to a rights-respecting rule of law. Over the last several decades, their growing use has established transitional justice as a body of both theory and practice whose guiding norms and structures encompasses the range of institutional mechanisms by which societies address the wrongs committed by past regi.

pt. I. Is it always necessary to account for past wrongs -- pt. II. Punishing after war -- pt. III. Transitional justice as a vehicle of structural and instiutional change -- pt. IV. Transitional justice and political reconciliation -- pt. V. Transitional justice and the arts -- pt. VI. Defining the parameters of transitional justice -- pt. VII. Case studies.

This publication deals with the topic of transitional justice. In six case studies, the authors link theoretical and practical implications in order to develop some innovative approaches. Their proposals might help to deal more effectively with the transition of societies, legal orders and political systems. Young academics from various backgrounds provide fresh insights and demonstrate the relevance of the topic. The chapters analyse transitions and conflicts in Sierra Leone, Argentina, Nicaragua, Nepal, and South Sudan as well as Germany's colonial genocide in Namibia. Thus, the book provides the reader with new insights and contributes to the ongoing debate about transitional justice. ; Gegenstand dieser Publikation ist das Thema "Transitional Justice". In sechs Fallstudien verknüpfen die Autoren theoretische und praktische Implikationen, um innovative Ansätze zu entwickeln. Ihre Vorschläge wollen dazu beitragen, den Übergangsprozess von Gesellschaften, Rechtsordnungen und politischen Systemen effektiver zu gestalten. Nachwuchswissenschaftler mit unterschiedlichem fachlichem Hintergrund geben hier neue Einblicke und zeigen die fortdauernde Relevanz des Themas. Die Kapitel analysieren Übergänge und Konflikte in Sierra Leone, Argentinien, Nicaragua, Nepal und Süd-Sudan sowie den kolonialen Völkermord in Namibia. So liefert das Buch dem Leser neue Erkenntnisse und trägt zur laufenden Debatte über das Thema "Transitional Justice" bei.

Resistance and transitional justice / Briony Jones and Julie Bernath -- Resistance to transitional justice in the context of political violence in Cote d'Ivoire / Adou Djane dit Fatogoma -- Seeking a "just justice" : discursive strategies of resistance in Cote d'Ivoire / Briony Jones -- Between resistance to and compliance with transitional justice : the case of political decision-makers in Burundi / Sandra Rubli -- Civil society organisations and transitional justice in Burundi : when making is resisting / Gerard Birantamije -- Resisting and negotiating victim subjectivities in civil party participation at the extraordinary chambers in the Courts of Cambodia / Julie Bernath -- Multivocal resistance to transitional justice in post-genocide Cambodia / Kosal Path -- Concluding reflections / Briony Jones and Julie Bernath.

The literature is replete with grand claims about the ability of transitional justice and its attendant mechanisms to produce any number of effects, including democracy and human rights, and other, broader educative and pedagogic results. Yet little has been done in the way of testing or substantiating these claims, and their validity should be questioned. This paper considers four cases, Canada, Haiti, Solomon Islands, and Uganda, to see whether cross-regional patterns and practices exist, and whether a transitional justice "effect" can be observed.

Based on original empirical research, this book explores retributive and gender justice, the potentials and limits of agency, and the correlation of transitional justice and social change through case studies of current dynamics in post-violence countries such Rwanda, South Africa, Cambodia, East Timor, Columbia, Chile and Germany

"This book explores the challenges of transitional justice in West Africa, specifically how countries in the region have dealt with transitional justice problems in the last thirty years (1990-2020), and how they have managed the process. Using comparative, historical and legal analyses it examines the politics of justice after violent conflicts in West Africa, the major transitional justice mechanisms established in the region, and how countries have used these institutions to address injustice and the pains of war in some West African countries. The book examines how transitional justice mechanisms have contributed to victims' rights, reconciliation and peace in transitional societies, and whether transitional justice mechanisms deployed in West Africa were suitable or ill-fitted, and the politics of deploying them. The book is addressed to a wide audience: policy makers, graduate and post-graduate students of transitional justice, conflict resolution, peace studies, conflict transformation, international criminal law, law and similar courses. This book will be of great value to academics and researchers, as well as lecturers in tertiary institutions offering relevant courses; legal practitioners; peace practitioners/NGOs and those working in the field of transitional justice and human rights"--

In the last twenty years, the field of transitional justice has gone from being a peripheral concern to an ubiquitous feature of societies recovering from mass conflict or repressive rule. In both policy and scholarly realms, transitional justice has proliferated rapidly, with ever-increasing variety in terms of practical processes and analytical approaches. The sprawl of transitional justice, however, has not always produced concepts and practices that are theoretically sound and grounded in the empirical realities of the societies in question. Critical Perspectives in Transitional Justice takes stock of this burgeoning field and, in gathering the views of scholars and practitioners from a wide range of national and methodological backgrounds, explores four key concerns with current trends in transitional justice: the under-theorisation of the field, its disconnect from core academic disciplines, its tendency towards advocacy rather than analysis, and its emphasis on technical institutional responses without clear articulations of their objectives. This vital book - edited by Oxford Transitional Justice Research - is designed to deepen theoretical and empirical discussions within transitional justice by providing critical perspectives on common concepts, issues, methodologies, institutions and mechanisms. Its purpose is to clarify key terms, challenge core assumptions and highlight important tensions, inconsistencies and disagreements in the field with the ultimate aim of harnessing the enormous energy of transitional justice for more fruitful ends. The breadth of debates in this volume highlights the scope, inclusiveness and ambition of this field but also underscores that - despite its geographical, conceptual and disciplinary expanse - consistent questions arise regarding contextually appropriate objectives, the balance between individual and collective needs and interests, and securing the legitimacy of transitional processes among those affected by past violations.

This book explores the challenges of transitional justice in West Africa, specifically how countries in the region have dealt with transitional justice problems in the last 30 years (1990–2020), and how they have managed the process. Using comparative, historical, and legal analyses it examines the politics of justice after violent conflicts in West Africa, the major transitional justice mechanisms established in the region, and how countries have used these institutions to address injustice and the pains of war in some West African countries. The book examines how transitional justice mechanisms have contributed to victims' rights, reconciliation, and peace in transitional societies, and whether transitional justice mechanisms deployed in West Africa were suitable or ill-fitted, and the politics of deploying them. The book is addressed to a wide audience: policymakers, and graduate and post-graduate students of transitional justice, conflict resolution, peace studies, conflict transformation, international criminal law, law and similar subjects. This book will be of great value to academics and researchers, as well as lecturers in tertiary institutions offering relevant courses; legal practitioners; peace practitioners/NGOs; and those working in the field of transitional justice and human rights.

Between 1980 and 2000, Peru suffered an armed conflict, massive human rights violations, and the destruction of its democracy. Since then, peace and a return to democracy have allowed it to embark on transitional justice. This has meant a Truth and Reconciliation Commission, prosecutions, and reparations. It has also meant controversy over the rights of those accused of terrorism and the legacies of military impunity. This book examines Peru's struggle to restore human rights accountability and the political factors that have shaped its fate.

Based on original empirical research, this book explores retributive and gender justice, the potentials and limits of agency, and the correlation of transitional justice and social change through case studies of current dynamics in post-violence countries such Rwanda, South Africa, Cambodia, East Timor, Columbia, Chile and Germany.

This book discusses the crucial strategic topic for the practical implementation of transitional justice in post-conflict societies by arguing that the dilemma is defined by the extent to which the actual achievement of the political goals of transition is a necessary condition for the long-term observance and implementation of justice.