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"From 1975 to 1979, while Cambodia was ruled by the brutal Communist Party of Kampuchea (Khmer Rouge) regime, torture, starvation, rape, and forced labor contributed to the death of at least a fifth of the country's population. Despite the severity of these abuses, civil war and international interference prevented investigation until 2004, when protracted negotiations between the Cambodian government and the United Nations resulted in the establishment of the Extraordinary Chambers in the Courts of Cambodia (ECCC), or Khmer Rouge tribunal. The resulting trials have been well scrutinized, with many scholars seeking to weigh the results of the tribunal against the extent of the offenses. Here...
Despite a more reflective concern over the past 20 years with marginalised voices, justice from below, power relations and the legitimacy of mechanisms and processes, scholarship on transitional justice has remained relatively silent on the question of ‘resistance’. In response, this book asks what can be learnt by engaging with resistance to transitional justice not just as a problem of process, but as a necessary element of transitional justice. Drawing on literatures about resistance from geography and anthropology, it is the social act of labelling resistance, along with its subjective nature, that is addressed here as part of the political, economic, social and cultural contexts in ...
This edited volume brings together alternative and innovative approaches in conflict resolution. With traditional military intervention repeatedly leading to the transformation of entire regions into zones of instability and violence (Afghanistan, Iraq, Libya, Syria), the study of alternative and less violent approaches to conflict resolution has become imperative. Four approaches are presented here: negotiation, religion and gender, reconciliation and forgiveness, and the arts. This volume contains the insights and experiences of fourteen internationally renowned scholars and practitioners from different contexts. Can forgiveness help heal relationships in post-apartheid South Africa? How c...
Explores how reparations in international criminal justice have been constituted and contested in various social contexts.
This book engages comprehensively with the dynamics of the transitional justice process in Tunisia and its mechanisms, elaborating lessons for transitional justice practice globally. Grounded in new empirical material as well as a broader awareness of transitional justice, this book provides a thorough assessment of transitional justice in Tunisia. Beyond an overview of the process, it critically engages with key questions such as the extent to which the process articulated global contemporary practice, such as liberal state-building and narrow conceptions of justice as civil-political rights, and to which it generated novel approaches at odds with the mainstream that can inform global pract...
Explores innovative ways to build peace after large-scale violence by combining resilience, adaptive peacebuilding and transitional justice.
The growth of scholarship on the pressing problem of genocide shows no sign of abating. This volume takes stock of Genocide Studies in all its multi-disciplinary diversity by adopting a thematic rather than case-study approach. Each chapter is by an expert in the field and comprises an up-to-date survey of emerging and established areas of enquiry while highlighting problems and making suggestions about avenues for future research. Each essay also has a select bibliography to facilitate further reading. Key themes include imperial violence and military contexts for genocide, predicting, preventing, and prosecuting genocide, gender, ideology, the state, memory, transitional justice, and ecocide. The volume also scrutinises the concept of genocide - its elasticity, limits, and problems. It does not provide a definition of genocide but rather encourages the reader to think critically about genocide as a conceptual and legal category concerned with identity-based violence against civilians.
Moving away from conventional approaches to the study of the subject, the Oxford Handbook of International Criminal Law draws on insights from disciplines both outside of criminal law and outside of law itself to critically examine issues such as international criminal law's actors, rationales, boundaries, and narratives
Builds on micro-level critiques of transitional justice to debate a more comprehensive alternative at the level of theory and practice.