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Out of the Ashes
A collection of essays that examine the historical background to developments in East Timor and provide political analysis on the initial reconstruction stage in the country's transition to independence.
Out of the Ashes
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Guilty Pleas in International Criminal Law
International crimes, such as genocide and crimes against humanity, are complex and difficult to prove, so their prosecutions are costly and time-consuming. As a consequence, international tribunals and domestic bodies have recently made greater use of guilty pleas, many of which have been secured through plea bargaining. This book examines those guilty pleas and the methods used to obtain them, presenting analyses of practices in Sierra Leone, East Timor, Cambodia, Argentina, Bosnia, and Rwanda. Although current plea bargaining practices may be theoretically unsupportable and can give rise to severe victim dissatisfaction, the author argues that the practice is justified as a means of increasing the proportion of international offenders who can be prosecuted. She then incorporates principles drawn from the domestic practice of restorative justice to construct a model guilty plea system to be used for international crimes.
A New Era?
Timor-Leste has made impressive progress since its historic achievement of independence in 2002. From the instability that blighted its early years, the fledgling democratic country has achieved strong economic growth and a gradual reinstatement of essential social services. A decade on in 2012, Presidential and Parliamentary elections produced smooth political transitions and the extended UN peacekeeping presence in the country came to an end. But significant challenges remain. This book, a product of the inaugural Timor-Leste Update held at The Australian National University in 2013 to mark the end of Timor-Leste’s first decade as a new nation, brings together a vibrant collection of pap...
Justice and Governance in East Timor
Focusing on the case study of Timor Leste, this book presents the New Subsistence State as a conceptual tool for understanding governance challenges in countries characterised by subsistence economic and social relations. It examines the ways in which Timor Leste conforms to the typology of the New Subsistence State, taking into consideration geographic, historical and socio-political aspects. The book defines a New Subsistence State as an overwhelmingly subsistence economy corresponding to little or no historical experience of the generation and administration of large surpluses, with minimal labour specialisation, and the predominance, especially in rural areas, of traditional authority re...
Roads to Reconciliation
The past two decades have witnessed the end of several civil wars and authoritarian regimes. In a period shaped by the ideal of democratization, in which more countries are emerging from deep-rooted conflicts, international attention is turning to the question of how societies with a grievous past face issues of accountability and reconciliation. How do societies deal with a past characterized by gross human rights violations? What kinds of processes—judicial as well as non-judicial—are most likely to generate a sense of reconciliation? Using an interdisciplinary approach, this book provides a systematic and comparative analysis of reconciliation processes in various societies that in recent years have made a transition from authoritarian to democratic rule, or from war to relative peace. Revisiting case studies from Latin America, Africa, Europe, and Asia through a lens of comparative analysis, shedding new light on how societies have dealt with their violent pasts, Roads to Reconciliation is essential reading for both scholars and practitioners concerned with human rights, transitional justice, or peace building.
The Dynamics of Transitional Justice
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...
A Pretty Unfair Place
"Throughout its history, East Timor has been a lesson in what not to do: how not to run a colony, how not to run a province, how not to prepare a territory for independence, and how not to treat a smaller neighbour. While many foreign commentators have been prompt to write East Timor off as a "failed state", they conveniently ignore the fact that other states are also to blame for its failings, particularly Portugal, Indonesia and Australia, as well as the United Nations. East Timor's first ten years since self-determination have been marked by denial, nav̐et,̌ ignorance, prejudice, incompetence, maladministration, and an unwillingness of people from different countries to work with each other instead of against each other. It is a lesson for those places in the world seeking independence, and those governments who seek to deny independence to others. Yet despite all this, East Timor remains a place with hope." --rear cover.
Land and Life in Timor-Leste
Following the historic 1999 popular referendum, East Timor emerged as the first independent sovereign nation of the 21st Century. The years since these momentous events have seen an efflorescence of social research across the country drawn by shared interests in the aftermath of the resistance struggle, the processes of social recovery and the historic opportunity to pursue field-based ethnography following the hiatus of research during 24 years of Indonesian rule (1975-99). This volume brings together a collection of papers from a diverse field of international scholars exploring the multiple ways that East Timorese communities are making and remaking their connections to land and places of...
Transition from Illegal Regimes under International Law
Yaël Ronen analyses the international legal ramifications of illegal territorial regimes, namely the illegal annexation of territory or illegal declarations of independence, by reference to the stage of transition from an illegal territorial regime to a lawful one. Six case studies (Namibia, Zimbabwe, the Baltic States, the South African Bantustans, East Timor and northern Cyprus) are used to explore the tension between the invalidity of the illegal regime's acts and their effectiveness, with respect to the international relations of such territories, their domestic legal systems, the status of settlers and land transfers. Relying heavily on primary and previously unconsidered sources, she focuses on the international legal constraints on the post-transition regime's policy, particularly in the context of international human rights law.
