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International Trials and Reconciliation
Transitional justice is a burgeoning field of scholarly inquiry. Yet while the transitional justice literature is replete with claims about the benefits of criminal trials, too often these claims lack an empirical basis and hence remain unproven. While there has been much discussion about whether criminal trials can aid reconciliation, the extent to which they actually do so in practice remains under-explored. This book investigates the relationship between criminal trials and reconciliation, through a particular focus on the International Criminal Tribunal for the former Yugoslavia (ICTY). Using detailed empirical data – in the form of qualitative interviews and observations from five yea...
Resilience, Conflict-Related Sexual Violence and Transitional Justice
This interdisciplinary book constitutes the first major and comparative study of resilience focused on victims-/survivors of conflict-related sexual violence (CRSV). Locating resilience in the relationships and interactions between individuals and their social ecologies (including family, community, non-governmental organisations and the natural environment), the book develops its own conceptual framework based on the idea of connectivity. It applies the framework to its analysis of rich empirical data from Bosnia-Herzegovina, Colombia and Uganda, and it tells a set of stories about resilience through the contextual, dynamic and storied connectivities between individuals and their social eco...
Local Politics in Jordan and Morocco
In recent years, authoritarian states in the Middle East and North Africa have faced increasing international pressure to decentralize political power. Decentralization is presented as a panacea that will foster good governance and civil society, helping citizens procure basic services and fight corruption. Two of these states, Jordan and Morocco, are monarchies with elected parliaments and recent experiences of liberalization. Morocco began devolving certain responsibilities to municipal councils decades ago, while Jordan has consistently followed a path of greater centralization. Their experiences test such assumptions about the benefits of localism. Janine A. Clark examines why Morocco de...
Political Science Research in the Middle East and North Africa
In conducting political science research today, one's methodology is of paramount concern. Yet, despite the obvious chasm between theory and practice that all scholars experience in the field, there are no specific guidebooks on meeting the methodological and ethical challenges that fieldwork presents. Political Science Research in the Middle East and North Africa helps fill this vacuum, focusing specifically on doing research in the one of the most important regions in contemporary world politics. Janine A. Clark and Francesco Cavatorta have gathered together a large and diverse group of researchers who study the region and focus on methodological "lessons learned" from their first hand experiences of employing a variety of research methods while conducting fieldwork. The contributors also look at the challenges of conducting field research in a variety of contexts, such as in areas of violence, and using research methods such as interviewing and ethnography. This volume will therefore be an invaluable companion book to more standard methods books and a useful tool, not just for Middle East scholars, but for all researchers conducting research in complex settings.
Serbia in the Shadow of Milosevic
Since the regime of Slobodan Milosevic was spectacularly overthrown on 5 October 2000, little has been written about subsequent political developments in Serbia. The perception of Milosevic as a criminal leader who plunged the former Yugoslavia into bloodshed and used violence to achieve his aims is not widely disputed among Western observers. However, to what extent is this view of Milosevic shared by people in Serbia? Here Janine Clark offers insights into and an understanding of this troubled country. She argues that many Serbs do not regard Milosevic as a criminal leader but rather as a 'bad' leader whose greatest crimes were against his own people. This has important implications for how Serbia deals with its past and for reconciliation and peace-building in the former Yugoslavia.
International Trials and Reconciliation
Transitional justice is a burgeoning field of scholarly inquiry. Yet while the transitional justice literature is replete with claims about the benefits of criminal trials, too often these claims lack an empirical basis and hence remain unproven. While there has been much discussion about whether criminal trials can aid reconciliation, the extent to which they actually do so in practice remains under-explored. This book investigates the relationship between criminal trials and reconciliation, through a particular focus on the International Criminal Tribunal for the former Yugoslavia (ICTY). Using detailed empirical data – in the form of qualitative interviews and observations from five yea...
Intersections of Law and Culture at the International Criminal Court
This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court's legal foundations, functioning and legitimacy, both in theory and in practice. Leading scholars and legal practitioners take a multidisciplinary approach to challenge the view that international law is not limited or bound by a particular culture, arguing instead that law and culture are intertwined. Analysing how culture influences views of the law, the facts to which it applies, and the fairness of the outcome, the contributors consider the implications of culture and law for the ICC and its international reach. Chapt...
Resilience, Adaptive Peacebuilding and Transitional Justice
Processes of post-war reconstruction, peacebuilding and reconciliation are partly about fostering stability and adaptive capacity across different social systems. Nevertheless, these processes have seldom been expressly discussed within a resilience framework. Similarly, although the goals of transitional justice - among them (re)establishing the rule of law, delivering justice and aiding reconciliation - implicitly encompass a resilience element, transitional justice has not been explicitly theorised as a process for building resilience in communities and societies that have suffered large-scale violence and human rights violations. The chapters in this unique volume theoretically and empirically explore the concept of resilience in diverse societies that have experienced mass violence and human rights abuses. They analyse the extent to which transitional justice processes have - and can - contribute to resilience and how, in so doing, they can foster adaptive peacebuilding. This book is available as Open Access.
Rape, Sexual Violence and Transitional Justice Challenges
It is estimated that 20,000 people were subjected to rape and other forms of sexual violence during the 1992–1995 Bosnian war. Today, these men and women have been largely forgotten. Where are they now? To what extent do their experiences continue to affect and influence their lives, and the lives of those around them? What are the principal problems that these individuals face? Such questions remain largely unanswered. More broadly, the long-term consequences of conflict-related rape and sexual violence are often overlooked. Based on extensive interviews with male and female survivors from all ethnic groups in Bosnia-Herzegovina (BiH), this interdisciplinary book addresses a critical gap in the current literature on rape and sexual violence in conflict situations. In so doing, it uniquely situates and explores the legacy of these crimes within a transitional justice framework. Demonstrating that transitional justice processes in BiH have neglected the long-term effects of rape and sexual violence, it develops and operationalizes a new holistic approach to transitional justice that is based on an expanded conception of ‘legacy’ and has a wider application beyond BiH.
