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Author: Lavinia Stan Publisher: Cambridge University Press ISBN: 1107020530 Category : History Languages : en Pages : 311
Book Description
This is the first volume to overview the complex Romanian transitional justice effort, detail the political negotiations that have led to the adoption and implementation of relevant legislation, and assess these processes in terms of their timing, sequencing, and impact on democratization.
Author: Nicole Iturriaga Publisher: Columbia University Press ISBN: 0231553943 Category : Social Science Languages : en Pages : 295
Book Description
Winner, 2023 Charles Tilly Distinguished Contribution to Scholarship Book Award, Collective Behavior and Social Movements Section, American Sociological Association Honorable Mention, 2023 Peace, War, and Social Conflict Section Outstanding Book Award, Peace, War, and Social Conflict Section, American Sociological Association Many years after the fall of Franco’s regime, Spanish human rights activists have turned to new methods to keep the memory of state terror alive. By excavating mass graves, exhuming remains, and employing forensic analysis and DNA testing, they seek to provide direct evidence of repression and break through the silence about the dictatorship’s atrocities that persisted well into Spain’s transition to democracy. Nicole Iturriaga offers an ethnographic examination of how Spanish human rights activists use forensic methods to challenge dominant histories, reshape collective memory, and create new forms of transitional justice. She argues that by grounding their claims in science, activists can present themselves as credible and impartial, helping them intervene in fraught public disputes about the remembrance of the past. The perceived legitimacy and authenticity of scientific techniques allows their users to contest the state’s historical claims and offer new narratives of violence in pursuit of long-delayed justice. Iturriaga draws on interviews with technicians and forensics experts and provides a detailed case study of Spain’s best-known forensic human rights organization, the Association for the Recovery of Historical Memory. She also considers how the tools and tactics used in Spain can be adopted by human rights and civil society groups pursuing transitional justice in other parts of the world. An ethnographically rich account, Exhuming Violent Histories sheds new light on how science and technology intersect with human rights and collective memory.
Author: Lauren Dempster Publisher: Routledge ISBN: 1351239368 Category : History Languages : en Pages : 223
Book Description
This book employs a transitional justice lens to address the ‘disappearances’ that occurred during the Northern Ireland conflict – or ‘Troubles’ – and the post-conflict response to these ‘disappearances.’ Despite an extensive literature around ‘dealing with the past’ in Northern Ireland, as well as a substantial body of scholarship on ‘disappearances’ in other national contexts, there has been little scholarly scrutiny of ‘disappearances’ in post-conflict Northern Ireland. Although the Good Friday Agreement brought relative peace to Northern Ireland, no provision was made for the establishment of some form of overarching truth and reconciliation commission aimed at comprehensively addressing the legacy of violence. Nevertheless, a mechanism to recover the remains of the ‘disappeared’ – the Independent Commission for the Location of Victims’ Remains (ICLVR) – was established, and has in fact proven to be quite effective. As a result, the reactions of key constituencies to the ‘disappearances’ can be used as a prism through which to comprehensively explore issues of relevance to transitional justice scholars and practitioners. Pursuing an interdisciplinary approach, and based on extensive empirical research, this book provides a multifaceted exploration of the responses of these constituencies to the practice of ‘disappearing.’ It engages with transitional justice themes including silence, memory, truth, acknowledgement, and apology. Key issues examined include the mobilisation efforts of families of the ‘disappeared,’ efforts by a (former) non-state armed group to address its legacy of violence, the utility of a limited immunity mechanism to incentivise information provision, and the interplay between silence and memory in the shaping of a collective, societal understanding of the ‘disappeared.’
Author: Mariana S. Mendes Publisher: Taylor & Francis ISBN: 1000914712 Category : Law Languages : en Pages : 182
Book Description
This book addresses the issue of the timing of transitional justice policies in countries that had negotiated transitions from authoritarianism to democracy. Why are transitional justice measures often being implemented decades after the events they refer to? More specifically, what combination of factors leads to the implementation of transitional justice policies at certain moments in time? And, what explains countries’ different choices and trajectories? To address these questions, this book pursues a comparative analysis of three cases: comparing a case of ‘robust’ implementation of transitional justice measures (Uruguay), a case where only victim-centered measures were approved (Spain), and a case that sits in between these two (Brazil). Through an in-depth empirical analysis of these specific country-cases, and focusing on seven different transitional justice initiatives, the book identifies the determinants behind delayed transitional justice policies and explains why such policies are more robust in some settings than in others. In doing so, it provides a holistic account of post-transitional justice outcomes, offering more general conclusions and insights about the study of the drivers of transitional justice. This book will appeal to scholars and students of transitional justice in politics, law, and sociology, as well as to policymakers involved in the implementation and administration of transitional justice measures.
Author: Matthew Evans Publisher: Routledge ISBN: 1000564789 Category : Law Languages : en Pages : 85
Book Description
Beyond Transitional Justice reflects upon the state of the field (or non-field) of transitional justice in the current conjuncture, as well as identifying new possibilities and challenges in the fields with which transitional justice overlaps (such as human rights, peacebuilding, and development). Chapters intervene at the cutting edge of contemporary transitional justice research, addressing key theoretical and empirical questions and covering critical, international, interdisciplinary, theoretical, and practice-oriented content. In particular, the notion of transformative justice is discussed in light of the emerging scholarship defining and applying this concept as either an approach within or an alternative to transitional justice. The book considers the extent to which transformative justice as a concept adds value to scholarship on transitional justice and related areas and asks what the future might hold for this area as a field – or non-field. A timely intervention, Beyond Transitional Justice is ideal reading for scholars and students in the fields of human rights, peace and conflict studies, international law, critical legal theory, development studies, criminology, and victimology.
Author: Regina Menachery Paulose Publisher: Routledge ISBN: 9781032083889 Category : Languages : en Pages : 202
Book Description
People's Tribunals are independent, peaceful, grassroots movements, created by members of civil society, to address impunity that is associated with ongoing or past atrocities. As such, they offer society an alternative history and create a space for healing and reconciliation to take place that may otherwise be stifled by political agendas and legal technicalities. Since the 1960's, People's Tribunals have grown and developed to address many kinds of situations, from genocide to environmental degradation. This book presents a balance of academic and practitioner perspectives on People's Tribunals. It explores key questions relating to their formation and roles and discusses what they can offer to victims and survivors. The volume provides an introduction to the subject, theoretically informed discussion reflecting different perspectives, and a range of contributions focusing on different types of People's Tribunals and various aspects of their operation. The authors analyse advantages and disadvantages of these movements in a variety of contexts. The impact and contribution they have in the international criminal law and international human rights context is also discussed. The book will be welcomed by those interested in international criminal law, human rights, environmental justice, transitional justice and international relations.
Author: Simon Robins Publisher: ISBN: 9781032007014 Category : History Languages : en Pages : 0
Book Description
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 a thorough 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 examines how 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.
Author: Josep Maria Tamarit Sumalla Publisher: ISBN: 9781780681436 Category : Criminal justice, Administration of Languages : en Pages : 0
Book Description
This book analyses, above all, the laws, policies and judicial decisions adopted in Spain that were related to the construction of the past and could therefore be understood as measures of transitional justice. By comparing this experience with transitional decisions adopted in other countries, the book highlights the main features of the Spanish case and the lessons that can be learned from it. Measures adopted during the transitional period, such as the amnesty and subsequent decisions aimed at giving some kind of partial reparation to the victims of the repression, are here studied. Demands for reviewing the past, the 2007 Act of Historical Memory, and the controversial use of criminal justice are also considered. Criminal Law is hardly applicable to the facts of the past, but the purely amnesic option can no longer be defended.
Author: Anja Mihr Publisher: Cambridge University Press ISBN: 1108503659 Category : Political Science Languages : en Pages : 480
Book Description
Regime Consolidation and Transitional Justice explores the effect of transitional justice measures on 'regime consolidation', or the means by which a new political system is established in a post-transition context. Focusing on the long-term impact of transitional justice mechanisms in three countries over several decades, the gradual process by which these political systems have been legitimatised is revealed. Through case studies of East and West Germany after World War II, Spain after the end of the Franco dictatorship in 1975 and Turkey's long journey to achieving democratic reform, Regime Consolidation and Transitional Justice shows how transitional justice and regime consolidation are intertwined. The interdisciplinary study, which will be of interest to scholars of criminal law, human rights law, political science, democracy, autocracies and transformation theories, demonstrates, importantly, that the political systems in question are not always 'more' democratic than their predecessors and do not always enhance democracy post-regime consolidation.
Author: Renee Jeffery
Author: Renee Jeffery
Author: Lavinia Stan
Author: Nicole Iturriaga
Author: Lauren Dempster
Author: Mariana S. Mendes
Author: Matthew Evans
Author: Regina Menachery Paulose
Author: Simon Robins
Author: Josep Maria Tamarit Sumalla
Author: Anja Mihr