Pursuing Justice for Mass Atrocities

Pursuing Justice for Mass Atrocities
Title Pursuing Justice for Mass Atrocities PDF eBook
Author Sarah McIntosh
Publisher
Total Pages
Release 2021-03-18
Genre
ISBN 9781736841600

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"Pursuing Justice for Mass Atrocities: A Handbook for Victim Groups" is an educational resource for victim groups that want to influence or participate in the justice process for mass atrocities. It presents a range of tools that victim groups can use, from building a victim-centered coalition and developing a strategic communications plan to engaging with policy makers and decision makers and using the law to obtain justice.

Justice in Conflict

Justice in Conflict
Title Justice in Conflict PDF eBook
Author Mark Kersten
Publisher Oxford University Press
Total Pages 273
Release 2016-08-04
Genre Law
ISBN 0191082945

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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.

Transitional Justice in Rwanda

Transitional Justice in Rwanda
Title Transitional Justice in Rwanda PDF eBook
Author Gerald Gahima
Publisher Routledge
Total Pages 434
Release 2013-02-15
Genre Law
ISBN 1135118531

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Transitional Justice in Rwanda: Accountability for Atrocity comprehensively analyzes the full range of the transitional justice processes undertaken for the Rwandan genocide. Drawing on the author’s extensive professional experience as the principal justice policy maker and the leading law enforcement officer in Rwanda from 1996-2003, the book provides an in-depth analysis of the social, political and legal challenges faced by Rwanda in the aftermath of the genocide and the aspirations and legacy of transitional justice. The book explores the role played by the accountability processes not just in pursuing accountability but also in shaping the reconstruction of Rwanda’s institutions of democratic governance and political reconciliation. Central to this exploration will be the examination of whether or not transitional justice in Rwanda has contributed to a foundational rule of law reform process. While recognizing the necessity of pursuing accountability for mass atrocity, the book argues that a maximal approach to accountability for genocide may undermine the promotion of core objectives of transitional justice. Taking on one of the key questions facing practitioners and scholars of transitional justice today, the book suggests that the pursuit of mass accountability, particularly where socio-economic resources and legal capacity is limited, may destabilize the process of rule of law reform, endangering core human rights norms. Moreover, the book suggests that pursuing a strategy of mass accountability may undermine the process of democratic transition, particularly in a context where impunity for crimes committed by the victors of armed conflicts persists. Highlighting the ongoing democratic deficit in Rwanda and resulting political instability in the Great Lakes region, the book argues that the effectiveness of transitional justice ultimately hinges on the nature and success of political transition.

Fundamentals of Genocide and Mass Atrocity Prevention

Fundamentals of Genocide and Mass Atrocity Prevention
Title Fundamentals of Genocide and Mass Atrocity Prevention PDF eBook
Author
Publisher
Total Pages
Release 2016
Genre
ISBN 9780896047167

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Research Handbook on Transitional Justice

Research Handbook on Transitional Justice
Title Research Handbook on Transitional Justice PDF eBook
Author Cheryl Lawther
Publisher Edward Elgar Publishing
Total Pages 547
Release 2023-08-14
Genre Law
ISBN 180220251X

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Providing a refreshing take on transitional justice, this second edition Research Handbook brings together an expanse of scholarly expertise to reconsider how societies deal with gross human rights violations, structural injustices and mass violence. Contextualised by historical developments, it covers a diverse range of concepts, actors and mechanisms of transitional justice, while shedding light on new and emerging areas in the field.

Globalizing Justice for Mass Atrocities

Globalizing Justice for Mass Atrocities
Title Globalizing Justice for Mass Atrocities PDF eBook
Author Chandra Lekha Sriram
Publisher Taylor & Francis
Total Pages 203
Release 2005
Genre Atrocities
ISBN 0415371015

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Contemporary practice of universal jurisdiction : uneven developments -- Beyond the famous cases : universal jurisdiction and the problem of legitimacy -- Universal jurisdiction : problems and prospects of externalizing justice -- Non-criminal justice, new actors : non-state actors and corporations under the -- Alien tort claims act -- Externalization reversed : the hybrid experiment in East Timor -- Externalization reversed : the hybrid experiment in Sierra Leone.

United States Law and Policy on Transitional Justice

United States Law and Policy on Transitional Justice
Title United States Law and Policy on Transitional Justice PDF eBook
Author Zachary D. Kaufman
Publisher Oxford University Press
Total Pages 433
Release 2017
Genre Law
ISBN 0190655488

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In United States Law and Policy on Transitional Justice: Principles, Politics, and Pragmatics, Zachary D. Kaufman explores the U.S. government's support for, or opposition to, certain transitional justice institutions. By first presenting an overview of possible responses to atrocities (such as war crimes tribunals) and then analyzing six historical case studies, Kaufman evaluates why and how the United States has pursued particular transitional justice options since World War II. This book challenges the "legalist" paradigm, which postulates that liberal states pursue war crimes tribunals because their decision-makers hold a principled commitment to the rule of law. Kaufman develops an alternative theory-"prudentialism"-which contends that any state (liberal or illiberal) may support bona fide war crimes tribunals. More generally, prudentialism proposes that states pursue transitional justice options, not out of strict adherence to certain principles, but as a result of a case-specific balancing of politics, pragmatics, and normative beliefs. Kaufman tests these two competing theories through the U.S. experience in six contexts: Germany and Japan after World War II, the 1988 bombing of Pan Am flight 103, the 1990-1991 Iraqi offenses against Kuwaitis, the atrocities in the former Yugoslavia in the 1990s, and the 1994 Rwandan genocide. Kaufman demonstrates that political and pragmatic factors featured as or more prominently in U.S. transitional justice policy than did U.S. government officials' normative beliefs. Kaufman thus concludes that, at least for the United States, prudentialism is superior to legalism as an explanatory theory in transitional justice policymaking.