Transitional justice is usually associated with international criminal courts and tribunals, but criminal justice is merely one way of dealing with the legacy of conflict and atrocity. Justice is not only a matter of law. It is a process of making sense of the past and accepting the possibility of a shared future together, although perpetrators, victims and bystanders may have very different memories and perceptions, experiences and expectations. This book goes further than providing a legal analysis of the effectiveness of transitional justice and presents a wider perspective. It is a critical appraisal of the different dimensions of the process of transitional justice that affects the imagery and constructions of past experiences and perceptions of conflict. Examining hidden histories of atrocities, public trials and memorialization, processes and rituals, artistic expressions and contradictory perceptions of past conflicts, the book constructs what transitional justice and the imagery involved can mean for a better understanding of the processes of justice, truth and reconciliation. In transcending the legal, although by no means denying the significance of law, the book also represents a multidisciplinary, holistic approach to justice and includes contributions from criminal and international lawyers, cultural anthropologists, criminologists, political scientists and historians.
Images and Memories
Author: Prof Dr Chrisje Brants,Professor Antoine Hol,Professor Dina Siegel
Publisher: Ashgate Publishing, Ltd.
Category: Social Science
The Dynamics of Transitional Justice draws on the case of East Timor in order to reassess how transitional justice mechanisms actually play out at the local level. Transitional justice mechanisms – including trials and truth commissions – have become firmly entrenched as part of the United Nations ‘tool-kit’ for successful post-conflict recovery. It is now commonly assumed that by establishing individual accountability for human rights violations, and initiating truth-seeking and reconciliation programs, individuals and societies will be assisted to ‘come to terms’ with the violent past and states will make the ‘transition’ to peaceful, stable liberal democracies. Set against the backdrop of East Timor’s referendum and the widespread violence of 1999, this book interrogates the gap between the official claims made for transitional justice and local expectations. Drawing on a wide range of sources, including extensive in-depth interviews with victims/survivors, community leaders and other actors, it produces a nuanced and critical account of the complex interplay between internationally-sponsored trials and truth commissions, national justice agendas and local priorities. The Dynamics of Transitional Justice fills a significant gap in the existing social science literature on transitional justice, and offers new insights for researchers and practitioners alike.
International Models and Local Realities in East Timor
Author: Lia Kent
This book addresses current developments in transitional justice in Latin America – effectively the first region to undergo concentrated transitional justice experiences in modern times. Using a comparative approach, it examines trajectories in truth, justice, reparations, and amnesties in countries emerging from periods of massive violations of human rights and humanitarian law. The book examines the cases of Argentina, Brazil, Chile, Colombia, Guatemala, El Salvador, Paraguay, Peru and Uruguay, developing and applying a common analytical framework to provide a systematic, qualitative and comparative analysis of their transitional justice experiences. More specifically, the book investigates to what extent there has been a shift from impunity towards accountability for past human rights violations in Latin America. Using ‘thick’, but structured, narratives – which allow patterns to emerge, rather than being imposed – the book assesses how the quality, timing and sequencing of transitional justice mechanisms, along with the context in which they appear, have mattered for the nature and impact of transitional justice processes in the region. Offering a new approach to assessing transitional justice, and challenging many assumptions in the established literature, this book will be of enormous benefit to scholars and others working in this area.
The Uneven Road from Impunity towards Accountability
Author: Elin Skaar,Jemima Garcia-Godos,Cath Collins
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.
Author: Briony Jones,Julie Bernath
In a consolidated democracy, amnesties and pardons do not sit well with equality and a separation of powers; however, these measures have proved useful in extreme circumstances, such as transitions from dictatorships to democracies, as has occurred in Greece, Portugal and Spain. Focusing on Spain, this book analyses the country's transition, from the antecedents from 1936 up to the present, within a comparative European context. The amnesties granted in Greece, Portugal and Spain saw the release of political prisoners, but in Spain amnesty was also granted to those responsible for the grave violations of human rights which had been committed for 40 years. The first two decades of the democracy saw copious normative measures that sought to equate the rights of all those who had benefitted from the amnesty and who had suffered or had been damaged by the civil war. But, beyond the material benefits that accompanied it, this amnesty led to a sort of wilful amnesia which forbade questioning the legacy of Francoism. In this respect, Spain offers a useful lesson insofar as support for a blanket amnesty – rather than the use of other solutions within a transitional justice framework, such as purges, mechanisms to bring the dictatorship to trial for crimes against humanity, or truth commissions – can be traced to a relative weakness of democracy, and a society characterised by the fear of a return to political violence. This lesson, moreover, is framed here against the background of the evolution of amnesties throughout the twentieth century, and in the context of international law. Crucially, then, this analysis of what is now a global reference point for comparative studies of amnesties, provides new insights into the complex relationship between democracy and the varying mechanisms of transitional justice.
Spain's Pact of Forgetting
Author: Roldan Jimeno
Scholars and practitioners alike agree that somehow the past needs to be addressed in order to enable individuals and collectives to rebuild trust and relationships. However, they also continue to struggle with critical questions. When is the right moment to address the legacies of the past after violent conflict? How can societies address the past without deepening the pain that arises from memories related to the violence and crimes committed in war? How can cultures of remembrance be established that would include and acknowledges the victims of all sides involved in violent conflict? How can various actors deal constructively with different interpretations of facts and history? Two decades after the wars, societies in Bosnia, Serbia and Croatia – albeit to different degrees – are still facing the legacies of the wars of the 1990s on a daily basis. Reconciliation between and within these societies remains a formidable challenge, given that all three countries are still facing unresolved disputes either at a cross-border level or amongst parallel societies that persist at a local community level. This book engages scholars and practitioners from the regions of former Yugoslavia, as well as international experts, to reflect on the achievements and obstacles that characterise efforts to deal with the past. Drawing variously on empirical studies, theoretical discussions, and practical experience, their contributions offer invaluable insights into the complex relationship between transitional justice and conflict transformation.
Lessons from the Balkans
Author: Martina Fischer,Olivera Simic
This book deals with the historic transition to democracy in South Africa and its impact upon crime and punishment. It examines how the problem of crime has emerged as a major issue to be governed in post-apartheid South Africa. Having undergone a dramatic transition from authoritarianism to democracy, from a white minority to black majority government, South Africa provides rich material on the role that political authority, and challenges to it, play in the construction of crime and criminality. As such, the study is about the socio-cultural and political significance of crime and punishment in the context of a change of regime. The work uses the South African case study to examine a question of wider interest, namely the politics of punishment and race in neoliberalizing regimes. It provides interesting and illuminating empirical material to the broader debate on crime control in post-welfare/neoliberalizing/post transition polities.
The Politics of Race and Class in Neoliberalizing Regimes
Author: Dr Gail Super
Publisher: Ashgate Publishing, Ltd.
Implicit conceptions of time associated with progress and linearity have influenced scholars and practitioners in the fields of transitional justice and peacebuilding, but time and temporality have rarely been systematically considered. Time and Temporality in Transitional and Post-Conflict Societies examines how time is experienced, constructed and used in transitional and post-conflict societies. This collection critically questions linear, transitional justice time and highlights the different temporalities that exist at local and institutional levels through original empirical research. Presenting empirical and often ethnographic research from Argentina, Brazil, Colombia, Cambodia, Mozambique, Palestine/Israel, Rwanda and South Africa, contributors use a temporal lens to investigate key issues including: transitional justice institutions, peace processes, victimhood, perpetrators, accountability, reparations, forgiveness, reconciliation and memoralisation. This timely monograph will appeal to undergraduate and postgraduate students, as well as postdoctoral researchers, interested in fields such as political science, international relations, anthropology, transitional justice and conflict resolution. It will also be relevant to conflict resolution and peacebuilding practitioners.
Author: Natascha Mueller-Hirth,Sandra Rios Oyola
Category: Social Science
The return of emotions to debates about crime and criminal justice has been a striking development of recent decades across many jurisdictions. This has been registered in the return of shame to justice procedures, a heightened focus on victims and their emotional needs, fear of crime as a major preoccupation of citizens and politicians, and highly emotionalised public discourses on crime and justice. But how can we best make sense of these developments? Do we need to create "emotionally intelligent" justice systems, or are we messing recklessly with the rational foundations of liberal criminal justice? This volume brings together leading criminologists and sociologists from across the world in a much needed conversation about how to re-calibrate reason and emotion in crime and justice today. The contributions range from the micro-analysis of emotions in violent encounters to the paradoxes and tensions that arise from the emotionalisation of criminal justice in the public sphere. They explore the emotional labour of workers in police and penal institutions, the justice experiences of victims and offenders, and the role of vengeance, forgiveness and regret in the aftermath of violence and conflict resolution. The result is a set of original essays which offer a fresh and timely perspective on problems of crime and justice in contemporary liberal democracies.
Author: Susanne Karstedt,Ian Loader,Heather Strang
Publisher: Bloomsbury Publishing
Category: Social Science
Children are increasingly a focus of international and national courts and truth commissions. Their participation, including through testimony that bears witness to their experiences, demonstrates their critical role in truth, justice, and reconciliation processes. If children are to engage, however, their rights must be respected. This book includes analysis of the recent involvement of children in transitional justice processes in Liberia, Peru, Sierra Leone, and South Africa. It also explores key areas of current debates among legal scholars and child rights advocates, such as international criminal responsibility, traditional and restorative justice, reparations, psychosocial support for child witnesses, and links between education and reconciliation. The book emphasizes how children must be engaged during post-conflict transition. If children are excluded, they may become vulnerable to a continuing cycle of violence, affecting future generations. In contrast, through active involvement in transitions, children and adolescents can be the catalysts for justice, reconciliation, and peace-building within their own families and communities.
Truth-telling, Accountability and Reconciliation
Author: Sharanjeet Parmar,Mindy Jane Roseman,Saudamini Siegrist,Theo Sowa
Publisher: Harvard University Press
This volume considers the important and timely question of criminal justice as a method of addressing state violence committed by non-democratic regimes. The book's main objectives concern a fresh, contemporary, and critical analysis of transitional criminal justice as a concept, as well as its related measures, beginning with the initiatives that have been put in place with the fall of the Communist regimes in Europe in 1989. The project argues for re-thinking and re-visiting filters that scholars use to interpret main issues of transitional criminal justice, such as: the relationship between judicial accountability, democratization, and politics in transitional societies * the role of successor trials in re-writing history * the interaction between domestic and international actors and specific initiatives in shaping transitional justice * the paradox of time in enhancing accountability for human rights violations. In order to accomplish this, the book considers cases of domestic accountability in the post-1989 era, from different geographical areas - such as Europe, Asia, and Africa - in relation to key events from various periods of time. In this way, the approach, which investigates space and time-lines in key examples, also takes into account a longitudinal study of transitional criminal justice itself. (Series: Transitional Justice - Vol. 18) [Subject: Transitional Justice, Criminal Justice, Human Rights]
Author: Agata Fijalkowski,Raluca Grosescu
Publisher: Intersentia Uitgevers N V
Transparency is a fundamental principle of justice. A cornerstone of the rule of law, it allows for public engagement and for democratic control of the decisions and actions of both the judiciary and the justice authorities. This book looks at the question of transparency within the framework of transitional justice. Bringing together scholars from across the disciplinary spectrum, the collection analyses the issue from socio-legal, cultural studies and practitioner perspectives. Taking a three-part approach, it firstly discusses basic principles guiding justice globally before exploring courts and how they make justice visible. Finally, the collection reviews the interface between law, transitional justice institutions and the public sphere.
Engagement, Legitimacy and Contestation
Author: Chrisje Brants,Susanne Karstedt
Publisher: Bloomsbury Publishing
Transitional Justice Theories is the first volume to approach the politically sensitive subject of post-conflict or post-authoritarian justice from a theoretical perspective. It combines contributions from distinguished scholars and practitioners as well as from emerging academics from different disciplines and provides an overview of conceptual approaches to the field. The volume seeks to refine our understanding of transitional justice by exploring often unarticulated assumptions that guide discourse and practice. To this end, it offers a wide selection of approaches from various theoretical traditions ranging from normative theory to critical theory. In their individual chapters, the authors explore the concept of transitional justice itself and its foundations, such as reconciliation, memory, and truth, as well as intersections, such as reparations, peace building, and norm compliance. This book will be of particular interest for scholars and students of law, peace and conflict studies, and human rights studies. Even though highly theoretical, the chapters provide an easy read for a wide audience including readers not familiar with theoretical investigations.
Author: Susanne Buckley-Zistel,Teresa Koloma Beck,Christian Braun,Friederike Mieth
This work seeks to provide a comprehensive and accessible survey of the international dimension of trauma and memory and its manifestations in various cultural contexts. Drawing together contributions and case studies from scholars around the globe, the book explores the international political dimension of feeling, suffering, forgetting, remembering and memorializing traumatic events and to investigate how they function as social practices for overcoming trauma and creating social change. Divided into two sections, the book maps out the different theoretical debates and then moves on to examine emerging themes such as ontological security, social change, gender, religion, foreign policy & natural disasters. Throughout the chapters, the editors consider the social, political and ethical implications of forgetting and remembering traumatic events in world politics Showcasing how trauma and memory deepen our understanding of IR, this work will be of great interest to students and scholars of international relations, memory and trauma studies and security studies.
Theories, Cases and Debates
Author: Erica Resende,Dovile Budryte
Category: Political Science
This book focuses on the ethical, aesthetic, and scholarly dimensions of how genocide-related works of art, documentary films, poetry and performance, museums and monuments, music, dance, image, law, memory narratives, spiritual bonds, and ruins are translated and take place as translations of acts of genocide. It shows how genocide-related modes of representation are acts of translation which displace and produce memory and acts of remembrance of genocidal violence as inheritance of the past in a future present. Thus, the possibility of representation is examined in light of what remains in the aftermath where the past and the future are inseparable companions and we find the idea of the untranslatability in acts of genocide. By opening up both the past and lived experiences of genocidal violence as and through multiple acts of translation, this volume marks a heterogeneous turn towards the future, and one which will be of interest to all scholars and students of memory and genocide studies, transitional justice, sociology, psychology, and social anthropology.
On What Remains and the Possibility of Representation
Author: Fazil Moradi,Ralph Buchenhorst,Maria Six-Hohenbalken
Publisher: Taylor & Francis
Category: Social Science
The Art of Transitional Justice examines the relationship between transitional justice and the practices of art associated with it. Art, which includes theater, literature, photography, and film, has been integral to the understanding of the issues faced in situations of transitional justice as well as other issues arising out of conflict and mass atrocity. The chapters in this volume take up this understanding and its demands of transitional justice in situations in several countries: Afghanistan, Serbia, Srebenica, Rwanda, Northern Ireland, Cambodia, as well as the experiences of resulting diasporic communities. In doing so, it brings to bear the insights from scholars, civil society groups, and art practitioners, as well as interdisciplinary collaborations.
Culture, Activism, and Memory after Atrocity
Author: Peter D. Rush,Olivera Simić
Publisher: Springer Science & Business Media
Protest, Property and the Commons focuses on the alternative property narratives of ‘social centres’, or political squats, and how the spaces and their communities create their own – resistant – form of law. Drawing on critical legal theory, legal pluralism, legal geography, poststructuralism and new materialism, the book considers how protest movements both use state law and create new, more informal, legalities in order to forge a practice of resistance. Invaluable for anyone working within the area of informal property in land, commons, protest and adverse possession, this book offers a ground-breaking account of the integral role of time, space and performance in the instituting processes of law and resistance.
Performances of Law and Resistance
Author: Lucy Finchett-Maddock
Despite the developing emphasis in current scholarship on children in Roman culture, there has been relatively little research to date on the role and significance of the youngest children within the family and in society. This volume singles out this youngest age group, the under one-year-olds, in the first comprehensive study of infancy and earliest childhood to encompass the Roman Empire as a whole: integrating social and cultural history with archaeological evidence, funerary remains, material culture, and the iconography of infancy, it explores how the very particular historical circumstances into which Roman children were born affected their lives as well as prevailing attitudes towards them. Examination of these varied strands of evidence, drawn from throughout the Roman world from the fourth century BC to the third century AD, allows the rhetoric about earliest childhood in Roman texts to be more broadly contextualized and reveals the socio-cultural developments that took place in parent-child relationships over this period. Presenting a fresh perspective on archaeological and historical debates, the volume refutes the notion that high infant mortality conditioned Roman parents not to engage in the early life of their children or to view them, or their deaths, with indifference, and concludes that even within the first weeks and months of life Roman children were invested with social and gendered identities and were perceived as having both personhood and value within society.
'a Fragment of Time'
Author: Maureen Carroll
Publisher: Oxford University Press
Gay. Straight. Or lying. Its as simple and straightforward as black or white, right? Or is there a gray area, where the definitions of sex and gender become blurred or entirely refocused with the deft and practiced use of a surgeons knife? For some, the concept of gender the very idea we have of ourselves as either male or female beings is neither simple nor straightforward. Written by cutting-edge researcher and sex expert J. Michael Bailey, The Man Who Would Be Queen is a frankly controversial, intensely poignant, and boldly forthright book about sex and gender. Based on his original research, Baileys book is grounded firmly in science. But as he demonstrates, science doesnt always deliver predictable or even comfortable answers. Indeed, much of what he has to say will be sure to generate as many questions as it does answers. Are gay men genuinely more feminine than other men? And do they really prefer to be hairdressers rather than lumberjacks? Are all male transsexuals women trapped in mens bodies or are some of them men who are just plain turned on by the idea of becoming a woman? And how much of a role do biology and genetics play in sexual orientation? But while Baileys science is provocative, it is the portraits of the boys and men who struggle with these questions and often with anger, fear, and hurt feelings that will move you. You will meet Danny, an eight-year old boy whose favorite game is playing house and who yearns to dress up as a princess for Halloween. And Martin, an expert makeup artist who was plagued by inner turmoil as a youth but is now openly homosexual and has had many men as sex partners. And Kim, a strikingly sexy transsexual who still has a penis and works as a dancer and a call girl for men who like she-males while she awaits sex reassignment surgery. These and other stories make it clear that there are men and men who become women who want only to understand themselves and the society that makes them feel like outsiders. That there are parents, friends, and families that seek answers to confusing and complicated questions. And that there are researchers who hope one day to grasp the very nature of human sexuality. As the striking cover image a distinctly muscular and obviously male pair of legs posed in a pair of low-heeled pumps makes clear, the concept of gender, the very idea we have of ourselves as either male or female beings, is neither simple nor straightforward for some.
The Science of Gender-Bending and Transsexualism
Author: J. Michael Bailey
Publisher: Joseph Henry Press