Suchergebnisse

Intro -- Danksagung -- Inhalt -- 1 Einleitung -- 2 Kosmopolitisches Recht oder liberales Projekt? -- 2.1 Ruti Teitel: Die genealogische Perspektive -- 2.2 Kathryn Sikkink: The Justice Cascade -- 2.3 Zur Kritik liberaler Transitional Justice -- 2.4 Die lokale Perspektive -- 2.5 Zusammenfassung der Debatte -- 2.6 Ein Plädoyer für eine weitergehende Perspektive auf die Globalisierung von Transitional Justice -- 3 Transitional Justice in der World Polity: Der theoretische Rahmen -- 3.1 Die Aufarbeitung und Ahndung von Makrogewalt als globale Norm -- Zur Dynamik globaler Normdurchsetzungsprozesse: Der "norm life cycle" -- Die Grenzen des Ansatzes und die Möglichkeiten einer institutionalistischen Erweiterung -- 3.2 Normen in der Weltgesellschaft: Die Wirkmächtigkeit von Weltkultur -- Weltgesellschaft und Weltkultur -- Der "norm life cycle" im Kontext von Weltkultur I -- Exkurs: Zur Kritik der WPT -- Der "norm life cycle" im Kontext von Weltkultur II -- Die Globalisierung von Transitional Justice als weltkultureller Institutionalisierungsprozess -- 3.3 Rationalismus und Rationalisierung in der Weltgesellschaft -- Die Rolle von Skripten in der World Polity -- Wie Skripte entstehen: Rationalismus und Rationalisierung -- Rationalisierte Felder -- Diffusion und rationale Andere -- Rationalisierung und "norm life cycle" -- Rationalisierung und die Globalisierung von Transitional Justice -- 3.4 Fazit: Die Globalisierung von Transitional Justice als weltkultureller Institutionalisierungsprozess -- 4 Zwischen Recht und Rationalisierung: Der Globalisierungsprozess -- 4.1 Die Humanisierung des Krieges -- Erste Schritte zu einer Kodifizierung des Kriegsvölkerrechts -- Agentinnen des Humanitarismus -- Die Grenzen von "Menschlichkeit" und "Menschheit" -- 4.2 Der Erste Weltkrieg und die Folgen -- Erste Ansätze einer Ahndung von Makrogewalt und ihr Scheitern.

Intro -- Acknowledgements -- About the Book/Conference -- Contents -- Notes on Contributors -- List of Figures -- List of Tables -- Chapter 1: Changing the Context: Can Conditions Be Created That Are More Conducive to Transitional Justice Success? -- What Is Transitional Justice? -- Transitional Justice Mechanisms -- Context, Conditions, and Challenges -- Methodology -- Authors -- Chapters -- Bibliography -- Chapter 2: Tractionless Transitional Justice in Uganda: The Potential for Thin Sympathetic Interventions as Ameliorating Factor -- Thin Sympathetic Engagement -- Ameliorating Factors -- History of Conflict and Division in Uganda -- Transitional Justice Efforts in Uganda -- Nascent Thin Sympathy in Uganda -- Conclusions -- Bibliography -- Interviews by Author -- Chapter 3: The Role of Democratic Uncertainty in the Interplay Between Transitional Justice and Democratisation -- Uncertainty in the Democratisation Literature -- Differing Interpretations of Uncertainty -- Flaws in Existing Interpretations -- Rehabilitating Democratic Uncertainty -- Democratic Uncertainty as an Ameliorating Factor -- Conclusion -- Bibliography -- Chapter 4: The Importance of Modifying the Context Before Introducing Amnesty and Prosecutions: The Case of Lebanon -- Lebanon and Transitional Justice After the Civil War -- Lebanon: Challenging Context and Necessary Ameliorating Factors -- The Importance of a Balanced Law as an Ameliorating Factor -- The Importance of Reforming The National Courts -- Conclusion -- Bibliography -- Chapter 5: Victims of Language: Language as a Pre-condition of Transitional Justice in Colombia's Peace Agreement -- Introduction -- Data and Methodology -- The Mentions of Victims During the Negotiations -- The Victims' Moment -- The Language of the Comprehensive System of Transitional Justice -- Expanding the Description of "Victims".

Transitional Justice and Civil Society in the Balkans covers civil society engagements with transitional justice processes in the Balkans. The Balkans, whose physical geography is generally considered to be the former Yugoslavia, as well as Albania, Greece, Romania and Bulgaria, is a region marked by the post-communist and post-conflict transitional turmoil in which its countries are entangled. With contributions coming from localized and international scholars, this volume provide a comprehensive look at the research in transitional justice in this part of the world, Transitional justice is an ever-growing field which responds to dilemmas over how successor regimes should deal with past human rights abuses of their authoritarian predecessors. This volume explores the ways in which civil society--lay citizens who participate in government and non-government organization without seeking monetary compensation--affect and drive the transitional justice process. The editors and author emphasize the relatively unexplored and under-researched role of civil society groups and social movements, such as local women's groups, the role of art and community media and other grass-roots transitional justice mechanisms and initiatives, in the Balkans' movement towards making peace with the past. Through specific case-studies, the unique contribution of Transitional Justice and Civil Society in the Balkans is not only that it covers a part of the world that is not adequately represented in the transitional justice field, but also that it is one of the first projects originally researched and written by experts and scholars from the region or in collaboration with international scholars. By taking a more critical look at national strategies, local practices and priorities, and by closely examining international transitional justice agendas, the authors explore the complex and unpredictable justice processes currently underway in the Balkans. They suggest lessons to be learned from those engagements and identify future directions that may be taken in order to bring a sustainable peace to the region. With its effective combination of empirical studies and theoretical grounding, Transitional Justice and Civil Society in the Balkans serves as an excellent resources for scholars of peace studies, the Balkans, historians, peace psychology, transitional justice, political science, civil society, sociologists, criminologists, and anybody interested in the process by which nations and peoples heal themselves.

Despite the diverse interests of Presidents, Congress, and the State Department, this book argues that US foreign policy on transitional justice is surprisingly consistent, characterized by an approach that is value-driven, strategic, and retributive, and that has influenced the field as a whole.

Introduction: This introduction provides the rationale and theoretical anchoring for the volume and its focus on aparadigmatic cases. It argues that practice and scholarship in paradigmatic transitional justice contexts built a field that conceptualises the state as a partner in the transition. However, due to the field's expansion to aparadigmatic justice contexts, this assumption and its associated binary concepts cannot inform analysis. Instead, as demonstrated by the present volume, transitional justice in aparadigmatic contexts offer different intentions, responses, and experiences of transitional justice. Where the state is not a partner, it may ignore, refuse, resist, and fight, while giving way to other actors and justice articulations.
The chapter first conceptualizes transitional justice as the potential for recognition, accountability and disruption. The chapter then discusses the expansion and recent standardisation of the field, whereby transitional justice has become four specific types of mechanisms: trials, truth telling, reparation and institutional reform. Thereafter it analyses the problem of the state, particularly how the field has assumed a transitional state, a partnering state. In the next section it offers a typology of transitional justice contexts that cover both paradigmatic and aparadigmatic contexts and ranges from contexts of ongoing conflict to consolidated democracy in formerly imperial states. This range covers seven different types of transitional justice context organized on the basis of the status of its political authority. Lastly, it maps the volume's chapters onto the typology and briefly introduces each of them.

"After Violence: Transitional Justice, Peace, and Democracy examines the effects of transitional justice on the development of peace and democracy. Anticipated contributions of transitional justice mechanisms are commonly stated in universal terms, with little regard for historically specific contexts. Yet a truth commission, for example, will not have the same function in a society torn by long-term civil war or genocide as in a society emerging from authoritarian repression. Addressing trials, reparations, truth commissions, and amnesties, the book systematically addresses the experiences of four very different contemporary transitional justice cases: post authoritarian Uruguay and Peru and post-conflict Rwanda and Angola."

This book engages comprehensively with the dynamics of the transitional justice process in Tunisia and its mechanisms, elaborating lessons for transitional justice practice globally. Grounded in new empirical material as well as a broader awareness of transitional justice, this book provides athorough assessment of transitional justice in Tunisia. Beyond an overview of the process, it critically engages with key questions such as the extent to which the process articulated global contemporary practice, such as liberal state-building and narrow conceptions of justice as civil-political rights, and to which it generated novel approaches at odds with the mainstream that can inform global practice. The book examineshow the transitional justice process in Tunisia has been contextualised and made relevant to the nation's circumstances and needs. It looks at innovation at the level of formal mechanisms and at the dynamics of mobilisation and contestation surrounding transitional justice both from civil society organisations and victims' groups. Bringing together analysis from legal scholars, social scientists as well as activists and practitioners, the book challenges the legalism of transitional justice discourse globally, engendering a dialogue between these legal and judicial approaches on the one hand and alternative, more diverse and radical approaches to justice on the other, in order to both deal with the past and to address ongoing injustice. This first book in English to address the dynamics and mechanisms of the transitional justice process in Tunisia will appeal to students and scholars of transitional justice, human rights, peacebuilding, conflict and peace studies, development, and security studies, as well as policymakers and practitioners in these fields, and others with interests in Middle Eastern studies.

The transformation of conflict and postconflict societies through transitional justice is now recognized as vital to the process of peacebuilding, with mechanisms such as trials, truth commissions, and apologies seen as essential for effecting societal change. It is widely argued that "reconciliation" is a key element of this process, yet both scholars and practitioners are unclear as to what the concept is or how the process works.

"Breaking new ground in theorizing the linkages between the areas of transitional justice and corporate accountability, this book explores how corporations can be held accountable for their role in past human rights violations when a country is making a transition from conflict or repression to peace and democracy. It provides an an overview of the current trends in law and in legal and political discussion relating to both areas, as well as in-depth analysis of how tools of corporate accountability and transitional justice can complement each other in order to achieve the best outcomes for bringing justice. The authors bring extensive experience from diverse professional backgrounds and jurisdictions to provide the first sustained attempt to address this link"--

"This collection of essays brings together jus post bellum and transitional justice theorists to explore the legal and moral questions that arise at the end of war and in the transition to less oppressive regimes. Transitional justice and jus post bellum share in common many concepts that will be explored in this volume. In both transitional justice and jus post bellum, retribution is crucial. In some contexts criminal trials will need to be held, and in others truth commissions and other hybrid trials will be considered more appropriate means for securing some form of retribution. But there is a difference between how jus post bellum is conceptualized, where the key is securing peace, and transitional justice, where the key is often greater democratization. This collection of essays highlights both the overlap and the differences between these emerging bodies of scholarship and incipient law"--

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.