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In the first project of its kind to compare multiple mechanisms and combinations of mechanisms across regions, countries, and time, Transitional Justice in Balance: Comparing Processes, Weighing Efficacy systematically analyzes the claims made in the literature using a vast array of data, which the authors have assembled in the Transitional Justice Data Base.
"The interaction between military and civilian courts, the political power that legal prerogatives can provide to the armed forces, and the difficult process civilian politicians face in reforming military courts remain glaringly under-examined. This book fills a gap in existing scholarship by providing a theoretically rich, global examination of the operation and reform of military courts in democracies. Drawing on a newly-created global dataset, it examines trends across states and over time. Combined with deeper qualitative case studies, the book presents clear and well-justified findings that will be of interest to scholars and policymakers working in a variety of fields"--
An Introduction to Transitional Justice provides the first comprehensive overview of transitional justice judicial and non-judicial measures implemented by societies to redress legacies of massive human rights abuse. Written by some of the leading experts in the field it takes a broad, interdisciplinary approach to the subject, addressing the dominant transitional justice mechanisms as well as key themes and challenges faced by scholars and practitioners. Using a wide historic and geographic range of case studies to illustrate key concepts and debates, and featuring discussion questions and suggestions for further reading, this is an essential introduction to the subject for students.
What if we could change the conditions in post-conflict/post-authoritarian countries to make transitional justice work better? This book argues that if the context in countries in need of transitional justice can be ameliorated before processes of transitional justice are established, they are more likely to meet with success. As the contributors reveal, this can be done in different ways. At the attitudinal level, changing the broader social ethos can improve the chances that societies will be more receptive to transitional justice. At the institutional level, the capacity of mechanisms and institutions can be strengthened to offer more support to transitional justice processes. Drawing on lessons learned in Colombia, Democratic Republic of the Congo, The Gambia, Lebanon, Palestine, and Uganda, the book explores ways to better the conditions in post-conflict/post-authoritarian countries to improve the success of transitional justice.
How will a unified Korea respond to the Kim regime's crimes against humanity? Will North and South Korea be able to reconcile their differences after being divided for so long? Will China, the US, Japan, Russia, and U.N. drive the process? This book examines the challenges associated with Korean unification and human rights accountability.
Civil wars are among the most difficult problems in world politics. While mediation, intervention, and peacekeeping have produced some positive results in helping to end civil wars, they fall short in preventing them in the first place. In Incentivizing Peace, Jaroslav Tir and Johannes Karreth show that considering civil wars from a developmental perspective presents opportunities to prevent the escalation of nascent armed conflicts into full-scale civil wars. The authors demonstrate that highly-structured intergovernmental organizations (IGOs such as the World Bank, IMF, or regional development banks) are particularly well-positioned to engage in civil war prevention. When such IGOs have been actively engaged in nations on the edge, their potent economic tools have helped to steer rebel-government interactions away from escalation and toward peaceful settlement. Incentivizing Peace provides enlightening case evidence that IGO participation is a key to better predicting, and thus preventing, the outbreak of civil war.
This edited volume brings together well-established and emerging scholars of transitional justice to discuss the persistence of amnesty in the age of human rights accountability. The volume attempts to reframe debates, moving beyond the limited approaches of 'truth versus justice' or 'stability versus accountability' in which many of these issues have been cast in the existing scholarship. The theoretical and empirical contributions in this book offer new ways of understanding and tackling the enduring persistence of amnesty in the age of accountability. In addition to cross-national studies, the volume encompasses eleven country cases of amnesty for past human rights violations: Argentina, Brazil, Cambodia, El Salvador, Guatemala, Indonesia, Rwanda, South Africa, Spain, Uganda and Uruguay. The volume goes beyond merely describing these case studies, but also considers what we learn from them in terms of overcoming impunity and promoting accountability to contribute to improvements in human rights and democracy.
This book presents post-peace agreement violence as a serious, yet predictable and manageable, political phenomenon. Negotiating an end to a civil war is extremely difficult, and many signed peace agreements subsequently unravel, ushering in renewed conflict. In response, important international actors have become increasingly involved in conflict mediation, peacekeeping, and post-conflict reconstruction around the globe. Policymakers and scholars alike have identified spoilers—violent actors who often rise up and attempt to challenge or derail the peace process—as one of the greatest threats to peace. Using a mixed-method approach combining quantitative and qualitative analyses of a newly created, global dataset of spoiling, Reiter demonstrates that this type of violence occurs in predictable circumstances and only represents a threat to peace under specific conditions. The book also shows that spoiling often serves to bring agreement flaws and implementation failures to light and in turn forces actors to recommit to an accord, thereby strengthening peace in the long term.
A new, hands-on approach to social inquiry for social scientists who wish to make a difference to policy and practice.
Dealing with the aftermath of civil conflict or the fall of a repressive government continues to trouble countries throughout the world. Whereas much of the 1990s was occupied with debates concerning the relative merits of criminal prosecutions and truth commissions, by the end of the decade a consensus emerged that this either/or approach was inappropriate and unnecessary. A second generation of transitional justice experiences have stressed both truth and justice and recognize that a single method may inadequately serve societies rebuilding after conflict or dictatorship. Based on studies in ten countries, this book analyzes how some combine multiple institutions, others experiment with community-level initiatives that draw on traditional law and culture, whilst others combine internal actions with transnational or international ones. The authors argue that transitional justice efforts must also consider the challenges to legitimacy and local ownership emerging after external military intervention or occupation.