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Transitional Justice and the Politics of Inscription

Transitional Justice and the Politics of Inscription PDF Author: Joseph Robinson
Publisher: Routledge
ISBN: 1351966766
Category : Law
Languages : en
Pages : 364

Book Description
Taking Northern Ireland as its primary case study, this book applies the burgeoning literature in memory studies to the primary question of transitional justice: how shall societies and individuals reckon with a traumatic past? Joseph Robinson argues that without understanding how memory shapes, moulds, and frames narratives of the past in the minds of communities and individuals, theorists and practitioners may not be able to fully appreciate the complex, emotive realities of transitional political landscapes. Drawing on interviews with what the author terms "memory curators," coupled with a robust analysis of secondary literature from a range of transitional cases, the book analyses how the bodies of the dead, the injured, and the traumatised are written into - or written out of - transitional justice. The author argues that scholars cannot appreciate the dynamism of transitional memory-space unless they first engage with the often silenced or marginalised voices whose memories remain trapped behind the antagonistic politics of fear and division. Ultimately challenging the imperative of national reconciliation, the author argues for a politics of public memory that incubates at multiple nodes of social production and can facilitate a vibrant, democratic debate over the ways in which a traumatic past can or should be remembered.

Transitional Justice and the Politics of Inscription

Transitional Justice and the Politics of Inscription PDF Author: Joseph Robinson
Publisher: Routledge
ISBN: 1351966766
Category : Law
Languages : en
Pages : 364

Book Description
Taking Northern Ireland as its primary case study, this book applies the burgeoning literature in memory studies to the primary question of transitional justice: how shall societies and individuals reckon with a traumatic past? Joseph Robinson argues that without understanding how memory shapes, moulds, and frames narratives of the past in the minds of communities and individuals, theorists and practitioners may not be able to fully appreciate the complex, emotive realities of transitional political landscapes. Drawing on interviews with what the author terms "memory curators," coupled with a robust analysis of secondary literature from a range of transitional cases, the book analyses how the bodies of the dead, the injured, and the traumatised are written into - or written out of - transitional justice. The author argues that scholars cannot appreciate the dynamism of transitional memory-space unless they first engage with the often silenced or marginalised voices whose memories remain trapped behind the antagonistic politics of fear and division. Ultimately challenging the imperative of national reconciliation, the author argues for a politics of public memory that incubates at multiple nodes of social production and can facilitate a vibrant, democratic debate over the ways in which a traumatic past can or should be remembered.

Reconceiving Civil Society and Transitional Justice

Reconceiving Civil Society and Transitional Justice PDF Author: Joanne Wallis
Publisher: Routledge
ISBN: 1000061353
Category : Political Science
Languages : en
Pages : 255

Book Description
Reconceiving Civil Society and Transitional Justice examines the role of civil society in transitional justice, exploring the forms of civil society that are enabled or disabled by transitional justice processes and the forms of transitional justice activity that are enabled and disabled by civil society actors. Although civil society organisations play an integral role in the pursuit of transitional justice in conflict-affected societies, the literature lacks a comprehensive conceptualisation of the diversity and complexity of these roles. This reflects the degree to which dominant approaches to transitional justice focus on liberal-legal justice strategies and international human rights norms. In this context, civil society organisations are perceived as intermediaries who are thought to advocate for and support formal, liberal transitional justice processes. The contributions to this volume demonstrate that the reality is more complicated; civil society can – and does – play important roles in enabling formal transitional justice processes, but it can also disrupt them. Informed by detailed fieldwork across Asia and the Pacific Islands, the contributions demonstrate that neither transitional justice or civil society should be treated as taken-for-granted concepts. Demonstrating that neither transitional justice or civil society should be treated as taken-for-granted concepts, Reconceiving Civil Society and Transitional Justice will be of great interest to scholars of Security Studies, Asian Studies, Peacebuilding, Asia Pacific, Human Rights, Reconciliation and the Politics of Memory. The chapters were originally published as a special issue of Global Change, Peace & Security.

Beyond Evidence

Beyond Evidence PDF Author: Julia Viebach
Publisher: Routledge
ISBN: 1000541681
Category : Political Science
Languages : en
Pages : 203

Book Description
Drawing on conceptual debates in transitional justice and critical archival studies, as well as empirical cases from various countries around the world, the contributions in this book critically examine how archives are produced by and used in transitional justice processes such as tribunals, truth commissions and remembrance processes. This edited volume provides conceptual critiques of the transitional justice paradigm and innovations in providing a new lens on archival practices in transitional justice. In doing so it offers in-depth analyses of the relationship between archives and transitional justice in France, Colombia, Rwanda, South Africa and Northern-Ireland; it highlights truth commission and (international) court archives as much as personal collections and oral histories. The authors bring critical archival studies into dialogue with transitional justice discourses to highlight the activism and emancipatory potential but also the possibilities of injustices inherent in archives and archival practice. Crucially, the book goes beyond merely highlighting the evidentiary value of archives by linking them to a multitude of transitional justice processes, goals and ideals, including remembrance processes, witnessing, reconciliation, non-recurrence, and various struggles against injustices and prevalent violence. This collection contributes to and expands our understanding of archives in transitional justice and critically questions core assumptions being made about the inherently positive contributions archives and records make to dealing with a violent past. The chapters in this book were originally published as a special issue of The International Journal of Human Rights.

Resistance and Transitional Justice

Resistance and Transitional Justice PDF Author: Briony Jones
Publisher: Routledge
ISBN: 1351855832
Category : Law
Languages : en
Pages : 289

Book Description
Despite a more reflective concern over the past 20 years with marginalised voices, justice from below, power relations and the legitimacy of mechanisms and processes, scholarship on transitional justice has remained relatively silent on the question of ‘resistance’. In response, this book asks what can be learnt by engaging with resistance to transitional justice not just as a problem of process, but as a necessary element of transitional justice. Drawing on literatures about resistance from geography and anthropology, it is the social act of labelling resistance, along with its subjective nature, that is addressed here as part of the political, economic, social and cultural contexts in which transitional justice processes unfold. Working through three cases – Côte d’Ivoire, Burundi and Cambodia – each chapter of the book addresses a different form or meaning of resistance, from the vantage point of multiple actors. As such, each chapter adds a different element to an overall argument that disrupts the norm/deviancy dichotomy that has so far characterised the limited work on resistance and transitional justice. Together, the chapters of the book develop cross-cutting themes that elaborate an overall argument for considering resistance to transitional justice as a subjective element of a political process, rather than as a problem of implementation.

Legalized Identities

Legalized Identities PDF Author: Lucas Lixinski
Publisher: Cambridge University Press
ISBN: 1108488153
Category : Law
Languages : en
Pages : 251

Book Description
Reimagines the fields of transitional justice and cultural heritage, showing how law shapes cultural identities in unanticipated yet powerful ways.

Rape, Sexual Violence and Transitional Justice Challenges

Rape, Sexual Violence and Transitional Justice Challenges PDF Author: Janine Natalya Clark
Publisher: Routledge
ISBN: 1351718576
Category : Law
Languages : en
Pages : 194

Book Description
It is estimated that 20,000 people were subjected to rape and other forms of sexual violence during the 1992–1995 Bosnian war. Today, these men and women have been largely forgotten. Where are they now? To what extent do their experiences continue to affect and influence their lives, and the lives of those around them? What are the principal problems that these individuals face? Such questions remain largely unanswered. More broadly, the long-term consequences of conflict-related rape and sexual violence are often overlooked. Based on extensive interviews with male and female survivors from all ethnic groups in Bosnia-Herzegovina (BiH), this interdisciplinary book addresses a critical gap in the current literature on rape and sexual violence in conflict situations. In so doing, it uniquely situates and explores the legacy of these crimes within a transitional justice framework. Demonstrating that transitional justice processes in BiH have neglected the long-term effects of rape and sexual violence, it develops and operationalizes a new holistic approach to transitional justice that is based on an expanded conception of ‘legacy’ and has a wider application beyond BiH.

Transitional Justice and Memory in Cambodia

Transitional Justice and Memory in Cambodia PDF Author: Peter Manning
Publisher: Routledge
ISBN: 1317007239
Category : Social Science
Languages : en
Pages : 231

Book Description
Memories of violence, suffering and atrocities in Cambodia are today being pulled in different directions. A range of transitional justice practices have been put to work in the name of redressing, restoring and renewing memory. At the centre of this stage is the Extraordinary Chambers in the Courts of Cambodia (ECCC), a hybrid tribunal established to prosecute the leaders of the Khmer Rouge regime, under which 1.6 million Cambodians died of hunger or disease or were executed. This book unpicks the way memory is reconstructed through appeals to a national memory, the legal reframing and coding of memories as crimes, and bids to locate personal memories within collective biographies. Analysing the techniques and interventions of the ECCC, as well as exploring the role of non-governmental organisations (NGOs), the book explores the relationships in which Cambodian communities navigate memories of political violence. This book is essential for understanding transitional justice in Cambodia in, and beyond, the courtroom. Transitional Justice and Memory in Cambodia shows that the governing logic of transitional justice interventions – that societies are unable to 'deal with' memories of atrocity and violence without some form of transitional justice mechanism – neglects the complexity of memory and remembering in post-atrocity contexts and the agency of the subjects to which such mechanisms are addressed. Drawing on documentary sources, legal transcripts, interviews and participant observation data, the book situates transitional justice processes in Cambodia within a wider context of social and cultural memory politics, examining (old and new) conflicts of memory that have emerged between the varied accounts and uses of the past that exist in Cambodia now. As such, it will appeal to students and scholars in sociology, human rights, law and criminology.

Localising Memory in Transitional Justice

Localising Memory in Transitional Justice PDF Author: Mina Rauschenbach
Publisher: Routledge
ISBN: 1000575683
Category : Law
Languages : en
Pages : 288

Book Description
This collection adds to the critical transitional justice scholarship that calls for “transitional justice from below” and that makes visible the complex and oftentimes troubled entanglements between justice endeavours, locality, and memory-making. Broadening this perspective, it explores informal memory practices across various contexts with a focus on their individual and collective dynamics and their intersections, reaching also beyond a conceptualisation of memory as mere symbolic reparation and politics of memory. It seeks to highlight the hidden, unwritten, and multifaceted in today’s memory boom by focusing on the memorialisation practices of communities, activists, families, and survivors. Organising its analytical focal point around the localisation of memory, it offers valuable and new insights on how and under what conditions localised memory practices may contribute to recognition and social transformation, as well as how they may at best be inclusive, or exclusive, of dynamic and diverse memories. Drawing on inter- and multi-disciplinary approaches, this book brings an in-depth and nuanced understanding of local memory practices and the dynamics attached to these in transitional justice contexts. It will be of much interest to students and scholars of memory and genocide studies, peace and conflict studies, transitional justice, sociology, and anthropology.

Resistance to Political Violence in Latin America

Resistance to Political Violence in Latin America PDF Author: Oriana Bernasconi
Publisher: Springer
ISBN: 3030170462
Category : Political Science
Languages : en
Pages : 278

Book Description
This book analyzes state terror documentation as a form of peaceful resistance to oppressive regimes through substantial research in human rights archives that registered violations perpetrated by Augusto Pinochet’s dictatorship in Chile. The contributors provide in-depth analysis on state violence documentation, denunciation and resistance and how it affected civilians, activists and victims. Additionally, the project introduces research in transitional contexts (post-dictatorship, post-apartheid and post-colonialism) showing the role of documentation practices in achieving truth, reparation and justice. This work will be relevant to academics, students and researchers in the fields of political science, political history, Latin American and memory studies.

New Critical Spaces in Transitional Justice

New Critical Spaces in Transitional Justice PDF Author: Arnaud Kurze
Publisher: Indiana University Press
ISBN: 0253039924
Category : Political Science
Languages : en
Pages : 253

Book Description
Since the 1980s, transitional justice mechanisms have been increasingly applied to account for mass atrocities and grave human rights violations throughout the world. Over time, post-conflict justice practices have expanded across continents and state borders and have fueled the creation of new ideas that go beyond traditional notions of amnesty, retribution, and reconciliation. Gathering work from contributors in international law, political science, sociology, and history, New Critical Spaces in Transitional Justice addresses issues of space and time in transitional justice studies. It explains new trends in responses to post-conflict and post-authoritarian nations and offers original empirical research to help define the field for the future.