Peace and Justice

Author: Rachel Kerr
Publisher: Polity
ISBN: 0745634222
Category : Law
Languages : en
Pages : 513

Book Description
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.

Justice in Conflict

Author: Mark Kersten
Publisher: Oxford University Press
ISBN: 0191082945
Category : Law
Languages : en
Pages : 273

Book Description
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 for Child Soldiers

Author: K. Fisher
Publisher: Springer
ISBN: 113703050X
Category : Political Science
Languages : en
Pages : 886

Book Description
This book examines and offers suggestions for how post-conflict practices should conceptualize and address harms committed by child soldiers for successful social reconstruction in the aftermath of mass atrocity. It defends the use of accountability and considers the agency of youth participants in violent conflict as responsible moral entities.

International Conflict Resolution After the Cold War

Author: National Research Council
Publisher: National Academies Press
ISBN: 0309171733
Category : Political Science
Languages : en
Pages : 640

Book Description
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.

Contested Justice

Author: Christian De Vos
Publisher: Cambridge University Press
ISBN: 1316483266
Category : Law
Languages : en
Pages : 525

Book Description
The International Criminal Court emerged in the early twenty-first century as an ambitious and permanent institution with a mandate to address mass atrocity crimes such as genocide and crimes against humanity. Although designed to exercise jurisdiction only in instances where states do not pursue these crimes themselves (and are unwilling or unable to do so), the Court's interventions, particularly in African states, have raised questions about the social value of its work and its political dimensions and effects. Bringing together scholars and practitioners who specialise on the ICC, this collection offers a diverse account of its interventions: from investigations to trials and from the Court's Hague-based centre to the networks of actors who sustain its activities. Exploring connections with transitional justice and international relations, and drawing upon critical insights from the interpretive social sciences, it offers a novel perspective on the ICC's work. This title is also available as Open Access.

Transitional Justice, Peace and Accountability

Author: Jessica Lincoln
Publisher: Routledge
ISBN: 1136728007
Category : History
Languages : en
Pages : 227

Book Description
The book looks at the outreach and communication strategies employed by internationalised courts to try to understand the wider impact of international justice. This book critically examines the role of outreach within international justice focusing specifically on the role of outreach at the Special Court for Sierra Leone (SCSL). It contributes to understanding of the relationship between international courts and the affected populations; an area currently underexplored and little understood. The assumption that justice brings peace underpins much of the thinking, and indeed action, of international justice, yet little is known if this is actually the case. Significant questions surrounding the link between peace and justice remain: do trials deter would-be war criminals; is justice possible for the most heinous crimes; can international justice replace local justice? This book explores these questions in relation to recent developments in international justice that have both informed and shaped the creation of the hybrid tribunal in Sierra Leone. Through empirical analysis, Transitional Justice, Peace and Accountability, answers these questions and provides an insight into individual and community perceptions of international justice. This book will be of much interest to students of transitional justice, war crimes, peace and conflict studies, human rights, international law, and IR in general.

Connecting Peace, Justice, and Reconciliation

Author: Elisabeth J. Porter
Publisher: Lynne Rienner Publishers
ISBN: 9781626372368
Category : Peace-building
Languages : en
Pages : 245

Book Description
"A well-written and interesting book that takes the reader through a wide literature on - as the title promises - peace, justice, and reconciliation and ties these themes together in a compelling way." --Stephen Crowley, Oberlin College. "Porter puts forward important and often complex topic in a straightforward and accessible way.... This book makes a major contribution to the IR literature in general, as well as to discussions of post-conflict transformation, DDR and its challenges, and human, including feminist, security." --Joyce P. Kaufman, Whittier College. Can post-conflict states achieve both peace and justice as they deal with a traumatic past? What role does reconciliation play in healing wounds, building trust, and rectifying injustices? This provocative book, incorporating the frameworks of both peace/conflict studies and transitional justice, explores the core challenges that war-torn states confront once the violence has ended. The book is organized around a series of questions, each one the subject of a chapter, with each chapter presenting a wide range of practical examples and case studies. The author also stakes out a position on each question, encouraging readers to evaluate and respond to ideas, practices, and strategies. Narratives are a notable feature of the work, with the human consequences of war and peace highlighted throughout. Elisabeth Porter is professor of politics and international relations at the University of South Australia. Her recent publications include Peace and Security: Implications for Women and Peacebuilding: Women in International Perspective.

Amnesties, Accountability, and Human Rights

Author: Renée Jeffery
Publisher: University of Pennsylvania Press
ISBN: 0812209419
Category : Political Science
Languages : en
Pages : 313

Book Description
For the last thirty years, documented human rights violations have been met with an unprecedented rise in demands for accountability. This trend challenges the use of amnesties which typically foreclose opportunities for criminal prosecutions that some argue are crucial to transitional justice. Recent developments have seen amnesties circumvented, overturned, and resisted by lawyers, states, and judiciaries committed to ending impunity for human rights violations. Yet, despite this global movement, the use of amnesties since the 1970s has not declined. Amnesties, Accountability, and Human Rights examines why and how amnesties persist in the face of mounting pressure to prosecute the perpetrators of human rights violations. Drawing on more than 700 amnesties instituted between 1970 and 2005, Renée Jeffery maps out significant trends in the use of amnesty and offers a historical account of how both the use and the perception of amnesty has changed. As mechanisms to facilitate transitions to democracy, to reconcile divided societies, or to end violent conflicts, amnesties have been adapted to suit the competing demands of contemporary postconflict politics and international accountability norms. Through the history of one evolving political instrument, Amnesties, Accountability, and Human Rights sheds light on the changing thought, practice, and goals of human rights discourse generally.

Peace and Justice

Author: Rachel Kerr
Publisher: John Wiley & Sons
ISBN: 0745657753
Category : Political Science
Languages : en
Pages : 263

Seeking Accountability for the Unlawful Use of Force

Author: Leila Nadya Sadat
Publisher:
ISBN: 1107187532
Category : History
Languages : en
Pages : 653

Book Description
Analysis of how to prevent war and reinforce UN systems by imposing accountability on individuals and states for the unlawful use of force.