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Book Peace Versus Justice

Download or read book Peace Versus Justice written by Suren Pillay and published by . This book was released on 2007 with total page 62 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Pieces of the Puzzle

    Book Details:
  • Author : Charles Villa-Vicencio
  • Publisher : African Minds
  • Release : 2004
  • ISBN : 0958479453
  • Pages : 137 pages

Download or read book Pieces of the Puzzle written by Charles Villa-Vicencio and published by African Minds. This book was released on 2004 with total page 137 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reconciliation - Ubuntu - Peace processes - Reparation - Restorative justice - Amnesty - Memory - Testimony - Transitional justice - Genocide - The international criminal court - Truth commissions - Traditional and customary law - Human rights - Rights and reconciliation - Economic transformation - National truth commissions - Online resources on transitional.

Book Peace Versus Justice

Download or read book Peace Versus Justice written by Chandra Lekha Sriram and published by James Currey Limited. This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers fresh insights on the `justice versus peace' dilemma, examining the challenges and prospects for promoting both peace and accountability, specifically in African countries affected by conflict or political violence. Peace versus Justice? draws on the expertise of many insider analysts, individuals who are not only authorities on transitional accountability processes, but who have participated in them, whether as legal practitioners or commissioners. This volume examines the wide array of experiences with transitional justice both within and outside states on the continent, spanning a range of countries including South Africa, Nigeria, Ghana, Liberia, Sierra Leone, Rwanda, Mozambique, Sudan, Uganda, Democratic Republic of Congo, and the Central African Republic. While the primary focus is on processes in Africa, many of the contributors also draw on lessons from earlier processes elsewhere in the world, particularly Latin America. The chapters in this volume consider a wide range of approaches to accountability and peacebuilding. These include not only domestic courts and tribunals, hybrid tribunals, or the International Criminal Court, but also truth commissions and informal or non-state justice and conflict resolution processes. Taken together, they demonstrate the wealth of experiences and experimention in transitional justice processes on the continent.

Book Peace and Justice

Download or read book Peace and Justice written by Rachel Kerr and published by John Wiley & Sons. This book was released on 2013-04-26 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years there has been a tendency to intervene in the military, political and economic affairs of failed and failing states and those emerging from violent conflict. In many cases this has been accompanied by some form of international judicial intervention to address serious and widespread abuses of international humanitarian law and human rights in recognition of an explicit link between peace and justice. A range of judicial and non-judicial approaches has been adopted in recognition of the fact that there is no one-size-fits-all model through which to seek accountability. This book considers the merits and drawbacks of these different responses and sets out an original framework for analysing transitional societies and transitional justice mechanisms. Taking as its starting point the post-Second World War tribunals at Nuremburg and Tokyo, the book goes on to discuss the creation of ad hoc international tribunals in the 1990s, hybrid/mixed courts, the International Criminal Court, domestic trials, truth commissions and traditional justice mechanisms. With examples drawn from across the world, including the former Yugoslavia, Rwanda, Cambodia, Timor-Leste, Sierra Leone, Uganda and the DRC, it presents a compelling and comprehensive study of the key responses to war crimes. Peace and Justice is a timely contribution in a world where an ever-increasing number of post-conflict societies are grappling with the complex issues of transitional justice. It will be a valuable resource for students, scholars, practitioners and policy-makers seeking to understand past violations of human rights and the most effective ways of addressing them.

Book Restoration or retribution   South African and German experiences of dealing with the past

Download or read book Restoration or retribution South African and German experiences of dealing with the past written by Patrick Wagner and published by GRIN Verlag. This book was released on 2003-11-11 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bachelor Thesis from the year 2003 in the subject Politics - International Politics - Topic: Miscellaneous, grade: 1 (A), University of Kent (Department of Politics and International Relations), language: English, abstract: Numerous societies who are in a transition period between an authoritarian regime and democracy face the question of how to deal with their past. In most cases the option to forget what has happened and to concentrate only on the future is neither possible nor desired by the people. For many the choice is between setting up a truth commission and dealing with the perpetrators of gross human rights violations in special or conventional courts. Before discussing the South African and the German examples, part one of this paper examines the different concepts of justice proposed by the two mechanisms of dealing with the past. Part two then focuses on the South African experience to deal with the atrocities of the apartheid regime by means of the Truth and Reconciliation Commission. The commission's approach on how to deal with the past will be discussed alongside both its achievements and shortcomings. The controversial debate about the TRC’s policy to grant amnesty for perpetrators of gross human rights violations in return for the truth shall be a central feature of this part. The German experience and the International Military Tribunal (IMT) at Nuremberg are the topics of part three. One of the most important achievements of the IMT certainly was its impact on international law. For the first time in history, although this was not the primary aim of the tribunal, ‘crimes against humanity’ were part of the allegations against the defendants. On the other hand, the IMT was criticized heavily for constituting victors’ justice and therefore its judgement was argued to be illegitimately imposed. Finally, part four compares the two mechanisms, truth commissions and trials or military tribunals, and seeks to point out their advantages and disadvantages. Clearly, it must be argued that the more traditional approach to achieve justice by punishment pursuit by trials or military tribunals satisfies victims’ desire for retribution better than truth commission could ever do. Nevertheless, truth commissions can be employed in circumstances where trials are impossible as well as they are the only mechanism to break the circle of revenge by promoting forgiveness and reconciliation. However, the problem remains that “reconciliation might be a desired end point but above all it is a process.” (Andrew Rigby) One can thus hardly evaluate the success of a truth commission as the process it possibly initiated takes several generations to show its results.

Book International Conflict Resolution After the Cold War

Download or read book International Conflict Resolution After the Cold War written by National Research Council and published by National Academies Press. This book was released on 2000-11-07 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: The end of the Cold War has changed the shape of organized violence in the world and the ways in which governments and others try to set its limits. Even the concept of international conflict is broadening to include ethnic conflicts and other kinds of violence within national borders that may affect international peace and security. What is not yet clear is whether or how these changes alter the way actors on the world scene should deal with conflict: Do the old methods still work? Are there new tools that could work better? How do old and new methods relate to each other? International Conflict Resolution After the Cold War critically examines evidence on the effectiveness of a dozen approaches to managing or resolving conflict in the world to develop insights for conflict resolution practitioners. It considers recent applications of familiar conflict management strategies, such as the use of threats of force, economic sanctions, and negotiation. It presents the first systematic assessments of the usefulness of some less familiar approaches to conflict resolution, including truth commissions, "engineered" electoral systems, autonomy arrangements, and regional organizations. It also opens up analysis of emerging issues, such as the dilemmas facing humanitarian organizations in complex emergencies. This book offers numerous practical insights and raises key questions for research on conflict resolution in a transforming world system.

Book African Truth Commissions and Transitional Justice

Download or read book African Truth Commissions and Transitional Justice written by John Perry and published by Lexington Books. This book was released on 2015-04-22 with total page 121 pages. Available in PDF, EPUB and Kindle. Book excerpt: African Truth Commissions and Transitional Justice examines the functioning of truth commissions in Africa, outlining the lessons learned, the best practices, and the successes and failures of seven African truth commissions. Its introduction and conclusion then work further to place truth commissions within the growing academic field of transitional justice. The first African truth commission was convened by the despot Idi Amin for reasons unrelated to the defense of human rights, but despite this ambiguous beginning, other African truth commissions have done important work. The South African Truth and Reconciliation Commission of 1996 has become the ‘gold standard’ for future truth commissions not only in Africa, but throughout the world: it unearthed much truth about the Apartheid era abuse of human rights and took vital first steps towards restorative justice in the Republic. Each truth commission is distinctive. However, although much has been written about South Africa’s truth commissions, much less is known about the other six studied in this book—and an attentive reader will notice the suggestive patterns which emerge.

Book Atrocities and International Accountability

Download or read book Atrocities and International Accountability written by Edel Hughes and published by . This book was released on 2007 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rebuilding societies where conflict has occurred is rarely a simple process. Where conflict has been accompanied by gross and systematic violations of human rights, the procedure becomes very controversial. The traditional debate on "transitional justice" sought to balance justice, truth, accountability, peace, and stability. The appearance of impunity for past crimes undermines confidence in new democratic structures and casts doubt upon commitments to human rights. Yet the need to consolidate peace sometimes resulted in reluctance on the part of authorities --both local and international --to confront suspected perpetrators of human rights violations, especially when they are a part of a peace process. Experience in many regions of the world therefore suggested a tradeoff between peace and justice. But that is changing. There is a growing consensus that some forms of justice and accountability are integral to --rather than in tension with --peace and stability. This volume considers whether we are truly going beyond the transitional justice debate. It brings together eminent scholars and practitioners with direct experience in some of the most challenging cases of international justice, and illustrates that justice and accountability remain complex, but not mutually exclusive, ideals.

Book Roads to Reconciliation

Download or read book Roads to Reconciliation written by Elin Skaar and published by Lexington Books. This book was released on 2005-03-22 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: The past two decades have witnessed the end of several civil wars and authoritarian regimes. In a period shaped by the ideal of democratization, in which more countries are emerging from deep-rooted conflicts, international attention is turning to the question of how societies with a grievous past face issues of accountability and reconciliation. How do societies deal with a past characterized by gross human rights violations? What kinds of processes—judicial as well as non-judicial—are most likely to generate a sense of reconciliation? Using an interdisciplinary approach, this book provides a systematic and comparative analysis of reconciliation processes in various societies that in recent years have made a transition from authoritarian to democratic rule, or from war to relative peace. Revisiting case studies from Latin America, Africa, Europe, and Asia through a lens of comparative analysis, shedding new light on how societies have dealt with their violent pasts, Roads to Reconciliation is essential reading for both scholars and practitioners concerned with human rights, transitional justice, or peace building.

Book Walk with Us and Listen

Download or read book Walk with Us and Listen written by Charles Villa-Vicencio and published by Georgetown University Press. This book was released on 2009-09-30 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: Effective peace agreements are rarely accomplished by idealists. The process of moving from situations of entrenched oppression, armed conflict, open warfare, and mass atrocities toward peace and reconciliation requires a series of small steps and compromises to open the way for the kind of dialogue and negotiation that make political stability, the beginning of democracy, and the rule of law a possibility. For over forty years, Charles Villa-Vicencio has been on the front lines of Africa's battle for racial equality. In Walk with Us and Listen, he argues that reconciliation needs honest talk to promote trust building and enable former enemies and adversaries to explore joint solutions to the cause of their conflicts. He offers a critical assessment of the South African experiment in transitional justice as captured in the Truth and Reconciliation Commission and considers the influence of ubuntu, in which individuals are defined by their relationships, and other traditional African models of reconciliation. Political reconciliation is offered as a cautious model against which transitional politics needs to be measured. Villa-Vicencio challenges those who stress the obligation to prosecute those allegedly guilty of gross violation of human rights, replacing this call with the need for more complementarity between the International Criminal Court and African mechanisms to achieve the greater goals of justice and peace building.

Book Building a Future on Peace and Justice

Download or read book Building a Future on Peace and Justice written by Kai Ambos and published by Springer Science & Business Media. This book was released on 2008-12-04 with total page 566 pages. Available in PDF, EPUB and Kindle. Book excerpt: Results of the 2007 Nuremberg Conference on Peace and Justice: Tensions between peace and justice have long been debated by scholars, practitioners and agencies including the United Nations, and both theory and policy must be refined for very practical application in situations emerging from violent conflict or political repression. Specific contexts demand concrete decisions and approaches aimed at redress of grievance and creation of conditions of social justice for a non-violent future. There has been definitive progress in a world in which blanket amnesties were granted at times with little hesitation. There is a growing understanding that accountability has pragmatic as well as principled arguments in its favour. Practical arguments as much as shifts in the norms have created a situation in which the choice is increasingly seen as "which forms of accountability" rather than a stark choice between peace and justice. It is socio-political transformation, not just an end to violence, that is needed to build sustainable peace. This book addresses these dilemmas through a thorough overview of the current state of legal obligations; discussion of the need for a holistic approach including development; analysis of the implications of the coming into force of the ICC; and a series of "hard" case studies on internationalized and local approaches devised to navigate the tensions between peace and justice.

Book Law  Religion and Reconciliation in Africa

Download or read book Law Religion and Reconciliation in Africa written by M. Christian Green and published by African Sun Media. This book was released on 2024-05-20 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: Forgiveness and reconciliation are important moments for the stability of a society and a state. Many African countries have gone through serious social crises in the post-colonial period: genocide, post-election crises, civil and internal conflicts, and outright war. Forgiveness and reconciliation have been necessary to reweave the social fabric and restart the construction of peaceful and prosperous societies. Chapters in this book examine the Truth and Reconciliation Commissions and religious councils aimed at peace, along with African traditional approaches, mediation and arbitration councils, post-conflict contexts, and the roles of women and gender, philosophy and theology, and programs of education for peace.

Book Justice in Conflict

    Book Details:
  • Author : Mark Kersten
  • Publisher : Oxford University Press
  • Release : 2016-08-04
  • ISBN : 0191082945
  • Pages : 273 pages

Download or read book Justice in Conflict written by Mark Kersten and published by Oxford University Press. This book was released on 2016-08-04 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocities accountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes. While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions in Libya, northern Uganda - and beyond.

Book Truth Commissions and Courts

Download or read book Truth Commissions and Courts written by William A. Schabas and published by Springer. This book was released on 2010-12-01 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal justice for human rights abuses committed during periods of political repression or dictatorship is one of the great challenges to post-con?ict societies. In many cases, there has been no justice at all. Sometimes serious political concerns that e?orts at accountability might upset fragile peace settlements have militated in favour of no action and no accountability. In many cases, the outgoing tyrants have conditioned their departure upon a pledge that there be no prosecutions. But thinking on these issues has evolved considerably in recent years. Largely driven by the view that collective amnesia amounts to a violation of fundamental human rights, especially those of the victims of atrocities, attention has increasingly turned to the dynamics of post-con?ict accountability. At the high end of the range, of course, sit the new international criminal justice institutions: the ad hoc tribunals for the former Yugoslavia and Rwanda, the Special Court for Sierra Leone, the various ‘‘hybrid’’ tribunals in Kosovo, East Timor and Cambodia, and the new International Criminal Court. But in terms of sheer numbers, the most signi?cant new institutions are truth and reconciliation commissions. Of va- able architecture, depending upon the prerogatives of the society in question and the features of the past con?ict, they have emerged as a highly popular mechanism within the toolbox of transitional justice. In some cases, the truth commission is held out as an alternative to criminal justice.

Book Restorative Justice in Africa

Download or read book Restorative Justice in Africa written by Nabudere, Dani Wadada and published by Africa Institute of South Africa. This book was released on 2013-12-07 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book was inspired by the need of post-conflict societies to manage knowledge resources in such a way that it creates lasting restoration of durable peaceful relationships among people. It aims to demonstrate the challenges of the management of knowledge for restorative justice in Africa and the principles and practices by which these challenges can be met. To achieve this aim they applied what they call the 'Trans-dimensional Knowledge Management Model (TDKM-M)' to specific cases of restorative justice in South Africa, Rwanda, Uganda, Kenya and Liberia. After an analysis of the cases studies, the author successfully demonstrated the challenges of the management of knowledge for restorative justice in Africa and the principles and practices by which these challenges can be met. The authors revealed common challenges to restorative justice such as establishing the 'truth'; the institutionalisation of recommendations by truth and reconciliation bodies; the handling of non-cooperative offenders; and replacing of 'good' values' with 'bad' values as major challenges to restorative justice. To meet these challenges, they propose certain principles of trans-dimensional restorative justice: the establishment of a 'trans-dimensional knowledge foundation' (not some version of 'the truth'); leadership in the implementation of strategies and plans; restoration or establishment of good relations among all people (not only the ruling elites); the identification of tacit and unseen factors that will determine successful restoration of these relationships; and changing these tacit and unseen factors.