Transitional Justice: Theories, Mechanisms and Debates

Description

Transitional justice is the way societies that have experienced civil conflict or authoritarian rule and widespread violations of human rights deal with the experience. With its roots in law, transitional justice as an area of study crosses various fields in the social sciences. This book is written with this multi- and inter-disciplinary dynamic of the field in mind. The book presents the broad scope of transitional justice studies through a focus on the theory, mechanisms and debates in the area, covering such topics as: The origin, context and development of transitional justice Victims, victimology and transitional justice Prosecutions for abuses and gross violations of human rights Truth commissions Transitional justice and local justice Gender, political economy and transitional justice Apology, reconciliation and the politics of memory Offering a discussion of the impact and outcomes of transitional justice, this approach provides valuable insight for those who seek both an introduction alongside relatively advanced engagement with the subject. Transitional Justice: Theories, Mechanisms and Debates is an important text for postgraduate and advanced undergraduate students who take courses in transitional justice, human rights and criminal law, as well as a systematic reference text for researchers. Cover Half Title Title Page Copyright Page Table of Contents Table of international instruments National legislation Table of cases Abbreviations Notes on contributors Acknowledgements Chapter 1 Origin, context and development of transitional justice Defining transitional justice Origins of transitional justice Contemporary development of transitional justice: the era of democratisation and human rights Accountability for mass atrocities: dealing with the past, looking to the future Conclusion Chapter 2 Victims, victimology and transitional justice Who is a victim? Victimology and transitional justice The role of victims in transitional justice Justice Truth and reparations Guarantees of non-repetition Conclusion Chapter 3 Peace versus justice and rule of law debates in transitions The rule of law ‘Truth versus justice’ and ‘peace versus justice’ Conclusion Chapter 4 Prosecutions for abuses and gross violations of human rights Transitional justice: the Nuremberg and Tokyo paradigm Prosecution for gross violations of human rights as a transitional justice mechanism – prospects and challenges Conclusion Chapter 5 Truth commissions The right to truth History and features of truth commissions Challenges to the work of truth commissions Conclusion Chapter 6 Lustration and the personnel reform of the state The problem of inherited personnel and its problematic solutions What is in the name? Terminology of personnel reform Varieties of personnel reforms The origin of personnel systems Controversies of personnel reform and liberal democracy Effects on trust Effects on democratisation Conclusion Suggested further reading Chapter 7 Reparations Defining reparations and situating them within international human rights and humanitarian law Operationalising the right to reparations in transitional contexts: scope, mechanisms and challenges Key thematic issues for reflection on reparations Conclusion Chapter 8 Transitional justice and ‘local’ justice What is ‘local’ justice? Why the turn to the local? The complex reality of local justice in post-conflict contexts The promises and pitfalls of the local Conclusion: towards a better global–local balance Further reading Chapter 9 The case for judicial accountability in transitional societies State power, the judiciary and governance The judiciary in authoritarian contexts The rule of law and judicial accountability for the past An unaccounted judiciary and a troubled transition Conclusion Chapter 10 Gender and transitional justice Gendered impacts of conflict Gender-sensitive approaches to transitional justice Critiques of ‘gender-sensitive’ transitional justice Conclusion Further reading Chapter 11 Political economy and transitional justice Transitional justice theorizing Socioeconomic factors and violence Current transitional justice processes Imperatives, prospects and limitations Conclusion Further reading Chapter 12 Apology, reconciliation and the politics of memory The question of justice The ‘legalisation’ of truth and reconciliation Reconstructing the past: the politics of memory Apologising for and rectifying past injustice Conclusion Chapter 13 ‘Measuring’ transitional justice: Impacts and outcomes Introduction Challenges of impact measurement in transitional justice Measuring the impact of transitional justice Public perceptions Comparative analysis Way forward/recommendations Conclusion Further reading Index