Constructing Justice and Security After War PDF Download

Author: Charles Call
Publisher: US Institute of Peace Press
ISBN: 9781929223909
Category : History
Languages : en
Pages : 474

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Book Description
"In Constructing Justice and Security after War, the distinguished contributors - including scholars, criminal justice practitioners, and former senior officials of international missions - examine the experiences of countries that have recently undergone transitions from conflict with significant international involvement. The volume offers generalizations based on careful comparisons of justice and security reforms in some of the most prominent and successful cases of transitions from war of the 1990s drawn from Central America, Africa, the Balkans, and East Timor."--BOOK JACKET.

Author: Rachel Kerr
Publisher: Routledge
ISBN: 1000331245
Category : Political Science
Languages : en
Pages : 368

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Book Description
This edited volume examines a range of historical and contemporary episodes of reconciliation and anti-reconciliation in the aftermath of war. Reconciliation is a concept that resists easy definition. At the same time, it is almost invariably invoked as a goal of post-conflict reconstruction, peacebuilding and transitional justice. This book examines the considerable ambiguity and controversy surrounding the term and, crucially, asks what has reconciliation entailed historically? What can we learn from past episodes of reconciliation and anti-reconciliation? Taken together, the chapters in this volume adopt an interdisciplinary approach, focused on the question of how reconciliation has been enacted, performed and understood in particular historical episodes, and how that might contribute to our understanding of the concept and its practice. Rather than seek a universal definition, the book focuses on what makes each case of reconciliation unique, and highlights the specificity of reconciliation in individual contexts. This book will be of much interest to students of transitional justice, conflict resolution, human rights, history and International Relations.

Author: Sandra Wilson
Publisher: Columbia University Press
ISBN: 0231542682
Category : History
Languages : en
Pages : 436

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Book Description
Beginning in late 1945, the United States, Britain, China, Australia, France, the Netherlands, and later the Philippines, the Soviet Union, and the People's Republic of China convened national courts to prosecute Japanese military personnel for war crimes. The defendants included ethnic Koreans and Taiwanese who had served with the armed forces as Japanese subjects. In Tokyo, the International Military Tribunal for the Far East tried Japanese leaders. While the fairness of these trials has been a focus for decades, Japanese War Criminals instead argues that the most important issues arose outside the courtroom. What was the legal basis for identifying and detaining subjects, determining who should be prosecuted, collecting evidence, and granting clemency after conviction? The answers to these questions helped set the norms for transitional justice in the postwar era and today contribute to strategies for addressing problematic areas of international law. Examining the complex moral, ethical, legal, and political issues surrounding the Allied prosecution project, from the first investigations during the war to the final release of prisoners in 1958, Japanese War Criminals shows how a simple effort to punish the guilty evolved into a multidimensional struggle that muddied the assignment of criminal responsibility for war crimes. Over time, indignation in Japan over Allied military actions, particularly the deployment of the atomic bombs, eclipsed anger over Japanese atrocities, and, among the Western powers, new Cold War imperatives took hold. This book makes a unique contribution to our understanding of the construction of the postwar international order in Asia and to our comprehension of the difficulties of implementing transitional justice.

Author: Mark J. Allman
Publisher: Orbis Books
ISBN: 157075859X
Category : Political Science
Languages : en
Pages : 233

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Book Description
Once the smoke of the battlefield blows away, what are the moral requirements of the "victor"? While most studies of just war focus on the rationale for going to war and the conduct of the war, this important book examines the period after the conflict. What must be done to restore justice? In the words of the authors, "`Victory' is declared by presidents and other leaders, yet all too often no just peace is to be found in the wake of today's conflicts....After the smoke clears, the powers that be may declare `mission accomplished' when, as Ezekiel long ago said, there really is no peace." "Allman and Winright provide readers with a clear, concise, balanced, and informed assessment of an important topic in debates about modern warfare: the issue of moral duties in a post-conflict situation."---Kenneth R. Himes, O.F.M., Boston College "Timely and readable...Shows us not only that nations have responsibilities after war `ends,' but also that reconstructing societies requires specific processes of restoration."---Lisa Sowle Cahill, Boston College

Author: Brian Orend
Publisher: Wilfrid Laurier Univ. Press
ISBN: 1554587638
Category : Philosophy
Languages : en
Pages : 292

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Book Description
Can war ever be just? By what right do we charge people with war crimes? Can war itself be a crime? What is a good peace treaty? Since the Cold War ended in the early 1990s, many wars have erupted, inflaming such areas as the Persian Gulf, Central Africa and Central Europe. Brutalities committed during these conflicts have sparked new interest in the ethics of war and peace. Brian Orend explores the ethics of war and peace from a Kantian perspective, emphasizing human rights protection, the rule of international law and a fully global concept of justice. Contending that Kant’s just war doctrine has not been given its due, Orend displays Kant’s theory to its fullest, impressive effect. He then completely and clearly updates Kant’s perspective for application to our time. Along the way, he criticizes pacifism and realism, explores the nature of human rights protection during wartime, and defends a theory of just war. He also looks ahead to future developments in global institutional reform using cases from the Persian Gulf War, Somalia, Bosnia, and Rwanda to illustrate his argument. Controversial and timely, perhaps the most important contribution War and International Justice: A Kantian Perspective makes is with regard to the question of justice after war. Orend offers a principled theory of war termination, making an urgent plea to reform current international law.

Author: Deborah Isser
Publisher: US Institute of Peace Press
ISBN: 1601270666
Category : History
Languages : en
Pages : 402

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Book Description
The major peacekeeping and stability operations of the last ten years have mostly taken place in countries that have pervasive customary justice systems, which pose significant challenges and opportunities for efforts to reestablish the rule of law. These systems are the primary, if not sole, means of dispute resolution for the majority of the population, but post-conflict practitioners and policymakers often focus primarily on constructing formal justice institutions in the Western image, as opposed to engaging existing traditional mechanisms. This book offers insight into how the rule of law community might make the leap beyond rhetorical recognition of customary justice toward a practical approach that incorporates the realities of its role in justice strategies."Customary Justice and the Rule of Law in War-Torn Societies" presents seven in-depth case studies that take a broad interdisciplinary approach to the study of the justice system. Moving beyond the narrow lens of legal analysis, the cases Mozambique, Guatemala, East Timor, Afghanistan, Liberia, Iraq, Sudan examine the larger historical, political, and social factors that shape the character and role of customary justice systems and their place in the overall justice sector. Written by resident experts, the case studies provide advice to rule of law practitioners on how to engage with customary law and suggest concrete ways policymakers can bridge the divide between formal and customary systems in both the short and long terms. Instead of focusing exclusively on ideal legal forms of regulation and integration, this study suggests a holistic and flexible palette of reform options that offers realistic improvements in light of social realities and capacity limitations. The volume highlights how customary justice systems contribute to, or detract from, stability in the immediate post-conflict period and offers an analytical framework for assessing customary justice systems that can be applied in any country. "

Author: Anthony F. Lang Jr.
Publisher: Routledge
ISBN: 1134070608
Category : History
Languages : en
Pages : 206

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Book Description
This volume argues that a wide range of policies in the international system today – economic sanctions, military intervention, and counter terrorism policy – are part of a ‘punitive ethos’ that has arisen since the end of the Cold War.

Author: Paul R. Williams
Publisher: Rowman & Littlefield
ISBN: 9780742518568
Category : Law
Languages : en
Pages : 354

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Book Description
In this work, two former State Department lawyers provide an account of how and why justice was misapplied and mishandled throughout the peace-builders' efforts to settle the Yugoslav conflict. The text is based on their personal experience, research and interviews with key players in the process.

Author: Rachel Kerr
Publisher: John Wiley & Sons
ISBN: 0745657753
Category : Political Science
Languages : en
Pages : 263

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Book Description
In recent years there has been a tendency to intervene in the military, political and economic affairs of failed and failing states and those emerging from violent conflict. In many cases this has been accompanied by some form of international judicial intervention to address serious and widespread abuses of international humanitarian law and human rights in recognition of an explicit link between peace and justice. A range of judicial and non-judicial approaches has been adopted in recognition of the fact that there is no one-size-fits-all model through which to seek accountability. This book considers the merits and drawbacks of these different responses and sets out an original framework for analysing transitional societies and transitional justice mechanisms. Taking as its starting point the post-Second World War tribunals at Nuremburg and Tokyo, the book goes on to discuss the creation of ad hoc international tribunals in the 1990s, hybrid/mixed courts, the International Criminal Court, domestic trials, truth commissions and traditional justice mechanisms. With examples drawn from across the world, including the former Yugoslavia, Rwanda, Cambodia, Timor-Leste, Sierra Leone, Uganda and the DRC, it presents a compelling and comprehensive study of the key responses to war crimes. Peace and Justice is a timely contribution in a world where an ever-increasing number of post-conflict societies are grappling with the complex issues of transitional justice. It will be a valuable resource for students, scholars, practitioners and policy-makers seeking to understand past violations of human rights and the most effective ways of addressing them.

Author: Carsten Stahn
Publisher: Oxford University Press
ISBN: 0198823282
Category : Law
Languages : en
Pages : 385

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Book Description
As contemporary studies have increasingly viewed just post bellum to the concept of peace, or the law of peace, so opinions concerning what a 'just peace' could look like have diverged. Is it merely an elusive ideal? Or is it predominantly procedural justice? Is it dependent on concessions and compromise? In this volume, the third output of a major research project on Jus Post Bellum, Carsten Stahn, Jens Iverson, and Jennifer Easterday bring together a team of experts to explore the issues surrounding a just peace, what it is composed of, and how it makes itself felt in the modern world, concluding that a just peace is not only related to form and