Transitional Justice and the Public Sphere: Engagement, Legitimacy and Contestation

Description

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. Acknowledgements Contents Biographies 1. Introduction: The Rational and the Emotional: Issues of Transparency and Legitimacy in Transitional Justice Introducing the Volume Part I: Transitional Justice and its Public Spheres: Principles of Justice 2. Justice as the Art of Muddling through: The Importance of Nyaya in the Aftermath of International Crimes I. Introduction II. Different Conceptions of Justice: Niti and Nyaya III. ICJ: A Necessarily Flawed Endeavour IV. Final Remarks References 3. Emotional Discourse in a Rational Public Sphere: The Victim and the International Criminal Trial I. Introduction II. International versus Domestic Criminal Justice III. Aspects of Justice and Criminal Law IV. Victims, Justice and the Domestic Criminal Trial: Between Rhetoric and Procedure-A Rock and a Hard Place V. Victims, Justice and the International Criminal Trial VI. Conclusions References 4. Credible Justice and Incredible Crimes I. Introduction II. The Credibility of Transitional Justice: Legal, Informational and Institutional Credibility III. Credibility at Stake: Three Illustrations IV. Credibility Gaps and Problems References 5. Globalisation, Crime and Governance: Transparency, Accountability and Participation as Principles for Global Criminal Law I. Introduction II. What is Global Criminal Law? III. Why Principles in Criminal Law? IV. Transparency, Accountability and Participation in Criminal Law (Brants et al) V. Transparency, Accountability and PARTICIPATION in Global Law (the Global Administrative Law Project) VI. Transparency, Accountability and PARTICIPATION in Global Criminal Law VII. Transparency and Openness (the First Governance Principle) VIII. Transparency in Global Criminal Law IX. Accountability (the Second Governance Principle) X. Accountability in Global Criminal Law: Perfect and Imperfect Arrangements XI. Participation (the Third Governance Principle) XII. Participation in Global Criminal Law: A Side Dish? XIII. A Method for Applying Transparency, Accountability and Participation? XIV. Conclusions References Part II: Justice Seen to Be Done: Courts and the Public 6. International Judicial Institutions: (Re)Defining ‘Public’ Proceedings? I. Introduction II. International Judicial Institutions and the Media III. Outreach or Public Relations IV. Challenges and Innovation V. Should Courts Engage in Public Relations? VI. Public Relations as Possible Manipulation? VII. Conclusion References 7. The Contestation of Complementarity in Uganda: The Case of Thomas Kwoyelo I. Introduction II. A Critical Discursive Approach to Violent Conflict III. Framing Violent Conflict within the International Criminal Justice Regime IV. Politics of Portrayal in Uganda V. Producing an International Criminal Legal Frame VI. Institutionalising ICL at a Domestic Level VII. Playing Out Locally VIII. Conclusion References 8. Discursive Proceedings and the Transitional Trial: A View from the Extraordinary Chambers in the Courts of Cambodia I. Introduction II. Modes of Criminal Procedure and Transitional Justice III. Testimony and Trial Dialogue at the ECCC IV. Conclusion References 9. Unmet Expectations and the Legitimacy of Transitional Justice Institutions: The International Criminal Tribunal for the Former Yugoslavia and the Extraordinary Chambers in the Courts of Cambodia I. Introduction II. The Expected Outcomes of Transitional Justice III. The Expectation Problem IV. Appropriate and Inappropriate Expectations V. Current Management at the ICTY and the ECCC VI. Improving Expectation Management VII. Conclusion References Part III: Beyond the Courts: Creating Public Spheres of Testimony 10. Witness Testimony and the Incommensurability of Truth in Argentina I. Introduction II. International Fact-Finding Missions III. Testimonios IV. The CONADEP Truth Commission V. Criminal Trials VI. Conclusion References 11. Faces of Truth: Journalism, Justice and War I. Introduction II. Truth and the Journalistic Paradigm III. Truth-Finding in a Minefield IV. Social Media: Help and Hindrance V. The International Legal Status and Protection of Journalists VI. A Dilemma of Truth in International Criminal Process VII. Contradictions and Consequences VIII. Conclusion References 12. Memory Laws: Regulating Memory and the Policing of Acknowledgement and Denial I. Introduction II. Memory Laws III. Memory Laws as Transitional Justice Mechanisms IV. Perinçek v Switzerland V. Protecting the Honour of Victims: Memory Laws as Hate Speech or Defamation VI. Accusing the Victims of Lying VII. The General Consensus VIII. Facts and Interpretation IX. Conclusion References 13. Challenges to the Movement to Exhume the Missing Victims of the Spanish Civil War and Francoist Dictatorship I. Introduction II. Human Rights and Enforced Disappearance III. Exhumations in Spain and the Materiality of the Body IV. Challenges to the Exhumation of Mass Graves V. Access to Information VI. Obtaining the Relevant Authority VII. Victims and Memory: The Legacies of Silence VIII. The Hierarchy of Victimhood in Spain IX. The Hierarchy of Grief X. Concluding Remarks References 14. Portraits of the Dead and the Living: Bosnia and Rwanda 20 Years on I. Introduction II. Art in Transitional Justice III. Frozen in the Past: You Are My Witness IV. Life beyond the Dead: The Portraits of Reconciliation V. Viewers" Reactions to the Exhibitions VI. Conclusion References Index