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Truth v. Justice
The truth commission is an increasingly common fixture of newly democratic states with repressive or strife-ridden pasts. From South Africa to Haiti, truth commissions are at work with varying degrees of support and success. To many, they are the best--or only--way to achieve a full accounting of crimes committed against fellow citizens and to prevent future conflict. Others question whether a restorative justice that sets the guilty free, that cleanses society by words alone, can deter future abuses and allow victims and their families to heal. Here, leading philosophers, lawyers, social scientists, and activists representing several perspectives look at the process of truth commissioning i...
Transitional Justice
Foreword - Nelson Mandela
The Order of Victimhood
This book explores how the construction and contestation of victims in societies emerging from conflict impact processes of peacebuilding. It locates its inquiry in Northern Ireland where highly politicized, unresolved narratives of violence and a so-called ‘hierarchy of victims’ illuminate inherent paradoxes of victimhood in intergroup conflict. The author critiques how mechanisms designed to address the legacy of conflict often reify exclusive ‘victim’ and ‘perpetrator’ identities and obscure complex harm. Adopting an interdisciplinary lens, the book examines how the image of the ideal victim interacts with intergroup processes in a polarizing and intractable victim-perpetrator paradigm. The analysis of these issues in Northern Ireland suggests that exclusive policies and mechanisms reinforce rather than repair societal divisions, and that inclusive, complex approaches to victimhood are necessary to build sustainable peace. This book will be of particular interest to scholars of peace studies, transitional justice and criminology.
Fear and Forgiveness
Human History Is Not Just A History Of Cruelty, But Also Of Compassion, Sacrifice, Courage, [And] Kindness. What We Choose To Emphasise In This Complex History Will Define Our Lives& Howard Zinn In February 2002, A Violent Storm Of Engineered Sectarian Hatred Broke Out And Raged For Many Months In Gujarat; Blood Flowed Freely On The Streets And Tens Of Thousands Of Homes Were Razed To The Ground. An Estimated 2000 Men, Women And Children, Mostly From The Muslim Community, Were Raped And Murdered, And More Than Two Hundred Thousand People Fled In Terror As Their Homes And Livelihoods Were Systematically Destroyed. However, Gujarat Abounds With Thousands Of Untold Stories Of Faith And Courage ...
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.
The August Trials
The first account of the August Trials, in which postwar Poland confronted the betrayal of Jewish citizens under Nazi rule but ended up fashioning an alibi for the past. When six years of ferocious resistance to Nazi occupation came to an end in 1945, a devastated Poland could agree with its new Soviet rulers on little else beyond the need to punish German war criminals and their collaborators. Determined to root out the “many Cains among us,” as a Poznań newspaper editorial put it, Poland’s judicial reckoning spawned 32,000 trials and spanned more than a decade before being largely forgotten. Andrew Kornbluth reconstructs the story of the August Trials, long dismissed as a Stalinist ...
Rethinking the Rule of Law After Communism
"This book is concerned to assess, and to draw some of the implications of, the legal developments of these last dozen or so years, specifically as they speak to issues of constitutionalism, dealing with the past, and the rule of law."--Introduction.
The Prosecution of Former Military Leaders in Newly Democratic Nations
During the 1970s and 1980s, many countries with military governments moved to more democratic ones as their citizens uncovered more and more evidence of horrific violations of human rights such as torture and execution. The newly established civilian governments were confronted with the difficult questions of whether military leaders should be prosecuted for their crimes. Often, the threat of military intervention to protect their own hovered in the background. This book focuses on the countries of Argentina, Greece, and South Korea--three countries that have been in this situation--and examines the effects that trying former military leaders have on the transition to democracy. In Argentina, the trials of former military leaders sparked a rebellion by the armed forces. In Greece and South Korea, the trials met with little response from the military.
On the Margins
Estonia is perhaps the only country in Europe that lacks a comprehensive history of its Jewish minority. Spanning over 150 years of Estonian Jewish history, "On the Margins" is a truly unique book. Rebuilding a life beyond so-called Pale of Jewish Settlement in the Russian Empire, the Jewish cultural autonomy in interwar Estonia, and the trauma of Soviet occupation of 1940–41 are among the issues addressed in the book but most profoundly, the book wrestles with the subject of the Holocaust and its legacy in Estonia. Specifically, it examines the quasi-legal system of murder instituted in Nazi-occupied Estonia, confiscation of Jewish property, and Jewish forced labor camps and develops an analysis of the causes of collaboration during the Holocaust. The book also explores the dynamics of war crimes trials in the Soviet Union since the 1960s and so-called denaturalization trials in the United States in the 1980s. The haunting memory of Soviet and Nazi rule, the book concludes, prevents a larger segment of today’s Estonian population from facing up to the Holocaust and the universal message that it carries.
