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This book examines what makes accountability for previous violations more or less possible for transitional regimes to achieve. It closely examines the other vital goals of such regimes against which accountability is often balanced. The options available are not simply prosecution or pardon, as the most heated polemics of the debate over transitional justice suggest, but a range of options from complete amnesty through truth commissions and lustration or purification to prosecutions. The question, then, is not whether or not accountability can be achieved, but what degree of accountability can be achieved by a given country. The focus of the book is on the politics of transition: what makes accountability more or less feasible and what strategies are deployed by regimes to achieve greater accountability (or alternatively, greater reform). The result is a more nuanced understanding of the different conditions and possibilities that countries face, and the lesson that there is no one-size-fits-all prescription that can be handed to transitional regimes.
This text guides researchers in conducting research in situations of violent conflict or human rights abuses. It informs the reader of the ongoing debates about responsible scholarship and explains how to identify and address challenges in conducting qualitative research in difficult circumstances.
"War, Conflict and Human Rights is an innovative, interdisciplinary textbook combining aspects of law, politics, and conflict analysis to examine the relationship between human rights and armed conflict. This second edition has been revised and updated, making use of both theoretical and practical approaches. Over the course of the book, the authors: - examine the tensions and complementarities between protection of human rights and resolution of conflict, including the competing political demands and the challenges posed by internal armed conflict; - analyse the different obligations and legal regimes applicable to state and non-state actors, including non-state armed groups, multinational ...
This book seeks to refine our understanding of transitional justice and peacebuilding, and long-term security and reintegration challenges after violent conflicts. As recent events following political change during the so-called 'Arab Spring' demonstrate, demands for accountability often follow or attend conflict and political transition. While traditionally much literature and many practitioners highlighted tensions between peacebuilding and justice, recent research and practice demonstrates a turn away from the supposed 'peace vs justice' dilemma. This volume examines the complex relationship between peacebuilding and transitional justice through the lenses of the increased emphasis on vic...
A critical study of incentives commonly used to induce non-state armed groups to engage in peace negotiations. Offers a closer analysis of these incentives, which offer such groups a place or a stake in governance, suggesting that not only are they frequently ineffective, but that they can have unintended and dangerous side effects.
This groundbreaking volume explores how post-Arab Spring societies have experienced transitional justice - or not, as the case may be
This unique volume examines the opportunities for, and initiates work in, interdisciplinary research between the fields of international law and international relations; disciplines that have engaged little with one another since the Second World War. Written by leading experts in the fields of international law and international relations, it argues that such interdisciplinary research is central to the creation of a knowledge base among IR scholars and lawyers for the effective analysis and governance of macro and micro phenomena. International law is at the heart of international relations, but due to challenges of codification and enforceability, its apparent impact has been predominantl...
This major new study examines the developing practice of universal jurisdiction, as well as the broader phenomenon of "globalizing" justice, and its ramifications. With a detailed overview of the contemporary practice of universal jurisdiction, it discerns three trends at work: pure universal jurisdiction, universal jurisdiction "plus", and non-use. It also argues that these disparities in practice should raise serious concerns as to the legitimacy and perceived legitimacy of such globalized justice. It then turns to a further consideration, that of globalized justice, precisely because it takes place far from the locus of the crime, and is therefore "externalized" and may fail to achieve ma...
"Written largely by a group of young scholars of diverse backgrounds, the essays reflect views and voices that are not always heard above the Anglo-American din. The volume provides a resource for scholars and policymakers alike, enriching the current debate and making more fruitful the international dialogue between North and South."--BOOK JACKET.
This book offers fresh insights on the `justice versus peace' dilemma, examining the challenges and prospects for promoting both peace and accountability, specifically in African countries affected by conflict or political violence. Peace versus Justice? draws on the expertise of many insider analysts, individuals who are not only authorities on transitional accountability processes, but who have participated in them, whether as legal practitioners or commissioners. This volume examines the wide array of experiences with transitional justice both within and outside states on the continent, spanning a range of countries including South Africa, Nigeria, Ghana, Liberia, Sierra Leone, Rwanda, Mo...