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Reparation for Victims of Armed Conflict
Are victims of armed conflict entitled to reparation, which legal rules govern the question, and how can reparation be implemented? These key questions of transitional justice are examined by three scholars whose professional, theoretical, and methodological backgrounds and outlooks differ greatly. They discuss how regional human rights case law, international criminal law, the practice of ad hoc international bodies, and domestic practice give rise to a right to reparation. This right emerges out of the interplay between international and domestic law. The problems of mass claims, fragile statehood, and the high risk of marginalisation of particular groups of victims are addressed. The analysis is alert to the current backlash against international legal institutions, and to the practical constraints in making post-conflict law work. The multiperspectivism of the trialogical setting exposes the divergence and complementarity of the authors' approaches and leads to a richer understanding of the law of reparation.
Reparations for Victims of Armed Conflict
Three experts address reparation for victims of armed conflict, drawing on international law practice, human rights courts, and domestic law.
The Responsibility to Prevent
Examines ways to operationalize the responsibility to prevent genocide, crimes against humanity, war crimes, and ethnic cleansing. Develops a strategic framework to identify the appropriate scope and substance of preventive dimensions and the tools that can be used to prevent escalation such as sanctions, mediation, international criminal justice, and military intervention.
Searching for Truth in the Transitional Justice Movement
This book re-imagines transitional justice as a movement, and explains why truth commissions are promoted and created. By exploring how the movement developed, as well as efforts to create truth commissions in the Balkans, Colombia, and the US, it examines the processes through which political actors translate transitional justice into political action.
Reparations for Victims of Genocide, War Crimes and Crimes against Humanity
Reparations for Victims of Genocide, War Crimes and Crimes Against Humanity: Systems in Place and Systems in the Making provides a rich tapestry of practice in the complex and evolving field of reparations, which cuts across law, politics, psychology and victimology, among other disciplines. Ferstman and Goetz bring their long experiences with international organizations and civil society groups to bear. This second edition, which comes a decade after the first, contains updated information and many new chapters and reflections from key experts. It considers the challenges for victims to pursue reparations, looking from multiple angles at the Holocaust restitution movement and more recent cases in Europe, Asia, Africa, and the Americas. It also highlights the evolving practice of international courts and tribunals. First published in a hardbound edition, this second, fully revised and updated edition, is now available in paperback.
Doctrine, Practice, and Advocacy in the Inter-American Human Rights System
This book allows readers to develop a critical understanding of the inter-American human rights system, as well as the dynamics of rights abuse and state response to violations in the Americas. The inter-American human rights system consists of two bodies, the Inter-American Commission and the Inter-American Court of Human Rights. The system has been and continues to be essential for the defense and protection of human rights in the Western hemisphere.
Saving the International Justice Regime
While resistance to international courts is not new, what is new, or at least newly conceptualized, is the politics of backlash against these institutions. Saving the International Justice Regime: Beyond Backlash against International Courts is at the forefront of this new conceptualization of backlash politics. It brings together theories, concepts and methods from the fields of international law, international relations, human rights and political science and case studies from around the globe to pose - and answer - three questions related to backlash against international courts: What is backlash and what forms does it take? Why do states and elites engage in backlash against international human rights and criminal courts? What can stakeholders and supporters of international justice do to meet these contemporary challenges?
The Burden of the Past
Essays on how chaos, totalitarianism, and trauma have shaped Ukraine’s culture: “A milestone of the scholarship about Eastern European politics of memory.” —Wulf Kansteiner, Aarhus University In a century marked by totalitarian regimes, genocide, mass migrations, and shifting borders, the concept of memory in Eastern Europe is often synonymous with notions of trauma. In Ukraine, memory mechanisms were disrupted by political systems seeking to repress and control the past in order to form new national identities supportive of their own agendas. With the collapse of the Soviet Union, memory in Ukraine was released, creating alternate visions of the past, new national heroes, and new vi...
The Theory of Collective Reconciliation
What does reconciliation mean and entail? Is collective reconciliation for entire societies or nations possible? This book aims to present it as a highly achievable albeit difficult and complex goal requiring political and collective commitment, resources, and – most importantly – the will to change. Reconciliation is the synthesis and an overarching process consisting of a trinity of recognition, responsibility, and reparation. Through comparative case studies where these different aspects have been implemented in a variety of degrees and combinations, the book illustrates how these constituent parts relate to each other and how they can enhance and complement one another. It also investigates whether there are scenarios where the omission of a certain part can in fact have a positive impact on the reconciliatory process in the short and long terms, the extent to which the order in which different measures are implemented matters, and how national cases differ from international ones. This volume is aimed at postgraduates, researchers, and academics of peace and conflict studies, as well as history, social sciences, political sciences, and legal studies.
The Challenges of Refugees and Internally Displaced Persons in Africa
This book discusses the phenomena of refugees and internally displaced persons (IDP) across several African countries. There are 40 million IDP worldwide; of these, an estimated 12.6 million are in 37 of Africa’s 55 countries. Written by a team of fifteen scholars across four continents, this book uses both quantitative and qualitative data to analyze the causes and consequences of this displacement, the role of the state in creating and mitigating these situations, and potential policy solutions. The volume is divided into three sections. Chapters in Section 1 discuss the causes of displacement. Chapters in Section 2 discuss refugees in their regional context. Chapters in Section 3 discuss IDP camps in Kenya, Nigeria, and Ghana. Bringing scholarly analysis to address two humanitarian crises, this book will be useful to students and researchers interested in African politics, forced migration, and policy as well as members of the diplomatic corps, governmental, and non-governmental organizations actively working towards solving these challenges.
