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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.
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...
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, Adaptive Peacebuilding and Transitional Justice
Explores innovative ways to build peace after large-scale violence by combining resilience, adaptive peacebuilding and transitional justice.
Some Kind of Justice
Through an in-depth case study, Some Kind of Justice offers fresh insights about two questions now the subject of robust debate: What goals can we plausibly assign to international criminal tribunals? What factors determine the impact of distant courts on societies that have seen vicious violence? The book offers a timely and original account of how an international war crimes tribunal affects local communities and the factors that shape its changing impact over time. It explores the influence of the International Criminal Tribunal for the former Yugoslavia (ICTY), launched in 1993 by the UN Security Council at the height of ethnic conflict accompanying the breakup of Yugoslavia, in two countries directly affected by its work. One, Bosnia-Herzegovina, experienced soaring levels of ethnic violence, culminating in the 1995 genocide in Srebrenica. The wartime government of the other country, Serbia, plunged the region into conflict. Operating until the end of 2017, the ICTY is the longest-running war crimes tribunal in history. Its record thus offers an incomparably rich case study of how a Nuremberg-inspired tribunal influences societies emerging from ruinous violence. Book jacket.
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.
Legacies of the International Criminal Tribunal for the Former Yugoslavia
Introduction: Legacy as Dialogue: Reflecting on the ICTY Experience / Carsten Stahn. - PART I OPENING REFLECTIONS. - 1 The Last Testament of the ICTY / Carmel Agius. - 2 Making Complementarity a Reality: The Experiences of the ICTY and IRMCT Office of the Prosecutor / Serge Brammertz. - 3 The ICTY and the Defence Legacy: The Association of Counsel Practising Before the ICTY / Colleen Rohan. - 4 The Moral Legacy of the ICTY, Miguel de Serpa Soares. - PART II LEGACY LENSES, THEORIZATIONS, AND NARRATIVES. - 5 The ICTY is Dead! Long Live the ICTY!: ICTY Legacies in Perspective / Carsten Stahn. - 6 Legacies in the Making at the ICTY / Viviane E. Dittrich. - 7 The Narrative Legacies of Exceptional...
Adjudicating International Human Rights
Adjudicating International Human Rights honours Professor Sandy Ghandhi on his retirement from law teaching. It does so through a series of targeted essays which probe the framework and adequacy of international human rights adjudication. Eminent international law scholars (such as Sir Nigel Rodley, Professor Javaid Rehman and Professor Malcolm Evans), along with emerging writers in the field, take Professor Ghandhi’s body of work—focussed on human rights protection through legal institutions—as a starting point for a variety of analytical essays. Adjudicating International Human Rights includes chapters devoted to human rights protection in a number of different institutional contexts, ranging from the ICJ and the Human Rights Committee to truth commissions and NAFTA arbitration tribunals.
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.
Genocide Never Sleeps
This is the first comprehensive ethnographic account of an international criminal court, the International Criminal Tribunal for Rwanda.
