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Transitional Justice in Law, History and Anthropology
Transitional justice seeks to establish a break between the violent past and a peaceful, democratic future, and is based on compelling frameworks of resolution, rupture and transition. Bringing together contributions from the disciplines of law, history and anthropology, this comprehensive volume challenges these frameworks, opening up critical conversations around the concepts of justice and injustice; history and record; and healing, transition and resolution. The authors explore how these concepts operate across time and space, as well as disciplinary boundaries. They examine how transitional justice mechanisms are utilised to resolve complex legacies of violence in ways that are often na...
An Introduction to Transitional Justice
The Second Edition of An Introduction to Transitional Justice provides a comprehensive overview of transitional justice judicial and non-judicial measures implemented by societies to redress legacies of massive human rights abuse. Written by some of the leading experts in the field, it takes a broad, interdisciplinary approach to the subject, addressing the dominant transitional justice mechanisms as well as key themes and challenges faced by scholars and practitioners. Using a wide historic and geographic range of case studies to illustrate key concepts and debates, and featuring discussion questions and suggestions for further reading, this is an essential introduction to the subject for students.
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Networked Governance of Freedom and Tyranny
This book offers a new approach to the extraordinary story of Timor-Leste. The Indonesian invasion of the former Portuguese colony in 1975 was widely considered to have permanently crushed the Timorese independence movement. Initial international condemnation of the invasion was quickly replaced by widespread acceptance of Indonesian sovereignty. But inside Timor-Leste various resistance networks maintained their struggle, against all odds. Twenty-four years later, the Timorese were allowed to choose their political future and the new country of Timor-Leste came into being in 2002. This book presents freedom in Timor-Leste as an accomplishment of networked governance, arguing that weak netwo...
The Post-Colonial Security Dilemma
This book examines the development of Timor-Leste’s foreign policy since achieving political independence in 2002. It considers the influence of Timor-Leste’s historical experiences with foreign intervention on how the small, new state has pursued security. The book argues that efforts to secure the Timorese state have been motivated by a desire to reduce foreign intervention and dependence upon other actors within the international community. Timor-Leste’s desire for ‘real’ independence — characterized by the absence of foreign interference — permeates all spheres of its international political, cultural and economic relations and foreign policy discourse. Securing the state entails projecting a legitimate identity in the international community to protect and guarantee political recognition of sovereign status, an imperative that gives rise to Timor-Leste’s aspirational foreign policy. The book examines Timor-Leste’s key bilateral and multilateral diplomatic relations, its engagement with the global normative order, and its place within the changing Asia-Pacific region.
Resisting Indonesia’s Culture of Impunity
Resisting Indonesia’s Culture of Impunity examines the role of Indonesia’s first truth and reconciliation commission—the Aceh Truth and Reconciliation Commission, or KKR Aceh—in investigating and redressing the extensive human rights violations committed during three decades of brutal separatist conflict (1976–2005) in the province of Aceh. The KKR Aceh was founded in late 2016, as a product of the 2005 peace deal between the Indonesian government and the Free Aceh Movement (GAM). It has since faced many challenges—not least from Indonesia’s security forces and former GAM leaders, who have joined together in their determination to maintain impunity for their respective roles in...
New Critical Spaces in Transitional Justice
Since the 1980s, transitional justice mechanisms have been increasingly applied to account for mass atrocities and grave human rights violations throughout the world. Over time, post-conflict justice practices have expanded across continents and state borders and have fueled the creation of new ideas that go beyond traditional notions of amnesty, retribution, and reconciliation. Gathering work from contributors in international law, political science, sociology, and history, New Critical Spaces in Transitional Justice addresses issues of space and time in transitional justice studies. It explains new trends in responses to post-conflict and post-authoritarian nations and offers original empirical research to help define the field for the future.
Governance and Political Adaptation in Fragile States
The book examines the various ways that fragile states (or states with limited statehood) in Africa, Asia, the Pacific, and the Americas have adopted, and adapted to, the processes of liberal political governance in their quests to address the problem of political fragility. It presents the stories of resilience in the political adaptation to Western liberal conceptions of governance. In addition to singular or comparative country case studies, this project also examines the interplay of culture, identities, and politics in the creation of people-centric governance reforms. Towards these ends, this volume sheds light on weak states’ often constructive engagement in the promotion of state governance with a variety of political conditions, adverse or otherwise; and their ability to remain resilient despite the complex political, sociocultural, and economic challenges affecting them. Through a multidisciplinary approach, the authors aim to counter the noticeable shortcomings in the discursive representations of fragility, and to contribute a more balanced examination of the narratives about and impact of political adaption and governance in people’s lives and experiences.
Transitional Justice in Italy and the Crimes of Fascism and Nazism
This book presents a comprehensive analysis of the Italian experience of transitional justice examining how the crimes of Fascism and World War II have been dealt with from a comparative perspective. Applying an interdisciplinary and comparative methodology, the book offers a detailed reconstruction of the prosecution of the crimes of Fascism and the Italian Social Republic as well as crimes committed by Nazi soldiers against Italian civilians and those of the Italian army against foreign populations. It also explores the legal qualification and prosecution of the actions of the Resistance. Particular focus is given to the Togliatti Amnesty, the major turning point, through comparisons to th...
Corporate Accountability in the Context of Transitional Justice
Corporate Accountability in the Context of Transitional Justice explores how corporations can be held accountable for their role in past human rights violations when a country is making a transition from conflict or repression to peace and democracy. It breaks new ground in theorizing the linkages between the areas of transitional justice and corporate accountability and analyzing problems frequently arising where the two fields meet in practice, for example where the role of corporations in past human rights violations is examined by truth and reconciliation commissions or in the course of litigation. The book provides an overview of the current trends in law and in legal and political disc...
