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After War Ends
A comprehensive and timely analysis of the prospects for peace and justice in Colombia.
Reparations by Non-State Armed Groups under International Law
This book examines whether and how non-state armed groups might be required to provide reparations for the harm caused by their violations of international law committed during situations of non-international armed conflict. Most of today’s armed conflicts are waged between states and non-state armed groups or between such groups. Societies ravaged by these conflicts endure extensive harm resulting from violations of international humanitarian law and international human rights law. This reality prompts a series of pressing questions. Akin to states, should non-state armed groups be held responsible for making reparation when violating international law? And if so, what measures can these ...
Transitional Justice and Peacebuilding on the Ground
This book seeks to refine our understanding of transitional justice and peacebuilding, and long-term security and reintegration challenges after violent conflicts. As recent events following political change during the so-called 'Arab Spring' demonstrate, demands for accountability often follow or attend conflict and political transition. While traditionally much literature and many practitioners highlighted tensions between peacebuilding and justice, recent research and practice demonstrates a turn away from the supposed 'peace vs justice' dilemma. This volume examines the complex relationship between peacebuilding and transitional justice through the lenses of the increased emphasis on vic...
The Transition will be Televised
Dieses Werk untersucht die Spuren, die der Friedenprozess mit der Guerrilla FARC-EP in der kolumbianischen Fernsehfiktion hinterlassen hat. Dazu ergründet es das Phänomen kolumbianischer Versöhnungstelenovelas, welche untrennbar mit dem nationalen Transitional Justice Prozess verknüpft sind. Gestützt auf Analysen der Telenovelas und Expert:innen-Interviews wird das Versöhnungspotential der Telenovelas beleuchtet und werden Chancen und Risiken ausgelotet, die aus der Nutzung von massenmediierten Formaten der Popkultur in Friedensprozessen erwachsen. Die Telenovelas, die vorschnell als seichte Unterhaltung abgetan werden könnten, stellen sich als integraler Bestandteil des kolumbianischen Transitional Justice Strategie heraus.
Domination Through Law
Winner of the 2021 Lee Ann Fujii Book Award, International Studies Association The positive effects of rule of law norms and institutions are often assumed in the fields of global governance and international development, with empirical work focusing more on the challenges of using law to engineer social change abroad. Questioning this assumption, the book contends that purportedly “good” rule of law standards do not always deliver benign benefits but rather often have negative consequences that harm the very local constituents which rule of law promoters promise to help. In particular, the book argues that rule of law promotion in post-colonial societies reinforces socioeconomic and political inequality which disproportionately favors dominant actors who have the wealth, education, and influence to navigate the state legal system. In addition to an historical account of legal development in settler-colonial environments, this argument is also drawn from a comparative study which focuses on the UK-supported justice sector development programs in Sierra Leone and the US-funded rule of law projects in Liberia.
Good Victims
As of 2023, over nine million Colombians have secured official recognition as victims of an armed conflict that has lasted decades. The category of "victim" is not a mere description of having suffered harm, but a political status and a potential site of power. In Good Victims, Roxani Krystalli investigates the politics of victimhood as a feminist question. Based on in-depth engagement in Colombia over the course of a decade, Krystalli argues for the possibilities of politics through, rather than in opposition to, the status of "victim." Encompassing acts of care, agency, and haunting, the politics of victimhood entangle people who identify as victims, researchers, and transitional justice professionals. Krystalli shows how victimhood becomes a pillar of reimagining the state in the wake of war, and of bringing a vision of that state into being through bureaucratic encounters. Good Victims also sheds light on the ethical and methodological dilemmas that arise when contemplating the legacies of transitional justice mechanisms.
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...
Yearbook of International Humanitarian Law, Volume 24 (2021)
Volume 24 of the Yearbook of International Humanitarian Law (IHL) is dedicated to investigating IHL’s universalist claims from different perspectives and regarding different areas of IHL. While academic debates about “universalism versus particularism” have dominated much of the critical scholarship in international law over the past two decades, they remain relatively underexplored in the field of IHL. The current volume fills this gap in IHL literature by focusing on the ways in which different interpretive communities approach questions of IHL from differing perspectives. Authors were invited to use the concept of culture to deconstruct and take critical distance from the production...
The United Nations Principles on Housing and Property Restitution for Refugees and Displaced Persons
In the first Commentary on the United Nations Principles on Housing and Property Restitution for Refugees and Displaced Persons – known colloquially as the Pinheiro Principles – Khaled Hassine and Scott Leckie outline the restitution rights of persons who have faced forced displacement and the loss of their homes, lands and properties. The Commentary compiles and analyzes in considerable detail the legal contents of the Pinheiro Principles - a consolidated international instrument generated by the United Nations in 2005 to provide a solid normative framework on these questions and which legal duties exist for states and the international community to secure them. The book will be of vital interest for all actors concerned with applying restitution rights in practice.
Elusive Justice
Fifty years of violence perpetrated by guerrillas, paramilitaries, and official armed forces in Colombia displaced more than six million people. In 2011, as part of a larger transitional justice process, the Colombian government approved a law that would restore land rights for those who lost their homes during the conflicts. However, this restitution process lacked appropriate provisions for rural women beyond granting them a formal property title. Drawing on decades of research, Elusive Justice demonstrates how these women continue to face numerous adverse circumstances, including geographical isolation, encroaching capitalist enterprises, and a dearth of social and institutional support. Donny Meertens contends that women's advocacy organizations must have a prominent role in overseeing these transitional policies in order to create a more just society. By bringing together the underresearched topic of property repayment and the pursuit of gender justice in peacebuilding, these findings have broad significance elsewhere in the world.
