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.

Peace and Justice Seeking Accountability After War

Author:
Publisher:
ISBN:
Category :
Languages : en
Pages :

Peace with Justice?

Author: Paul R. Williams
Publisher: Rowman & Littlefield
ISBN: 9780742518568
Category : Law
Languages : en
Pages : 354

Book Description
In this work, two former State Department lawyers provide an account of how and why justice was misapplied and mishandled throughout the peace-builders' efforts to settle the Yugoslav conflict. The text is based on their personal experience, research and interviews with key players in the process.

Just Peace After Conflict

Author: Carsten Stahn
Publisher: Oxford University Press
ISBN: 0192556339
Category : Law
Languages : en
Pages : 380

Book Description
The interplay between peace and justice plays an important role in any contemporary conflict. Peace can be described in a variety ways, as being 'negative' or 'positive', 'liberal' or 'democratic'. But what is it that makes a peace just? This book draws together leading scholars to study this concept of a 'just peace', analysing different elements of the transition from conflict to peace. The volume covers six core themes: conceptual approaches towards just peace, macro-principles, the nexus to security and stability, protection of persons and public goods, rule of law, and economic reform and accountability. Contributions engage with understudied issues, such as the pros and cons of robust UN mandates, the link between environmental protection and indigenous peoples, the treatment of illegal settlements, the feasibility of vetting practices, and the protection of labour rights in post-conflict economies. Overall, the book puts forward a case that just peace requires not only negotiation, agreement, and compromise, but contextual understandings of law, multiple dimensions of justice, and strategies of prevention. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is offered as a free PDF download from OUP and selected open access locations.

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.

The Peacemaker’s Paradox

Author: Priscilla Hayner
Publisher: Routledge
ISBN: 1351399209
Category : Political Science
Languages : en
Pages : 225

Book Description
Expanding from her path-breaking work in Unspeakable Truths, Priscilla Hayner focuses on a new challenge in The Peacemaker’s Paradox: the age-old problem of negotiating peace after a war of atrocities. Drawing on her first-hand involvement in peace processes and interviews from the frontlines of peace talks, the author recounts many heretofore-untold stories of how justice has been negotiated, with great difficulty, and what this tells us for the future. Those with the most power to stop a war are the least likely to submit to justice for their crimes, but the demand for justice only grows louder. She also asks how the intervention of an international tribunal, such as the International Criminal Court, changes how a war is fought and the possibility of brokering peace. The Peacemaker’s Paradox looks far and wide, from Gaddafi’s Libya to the FARC talks in Colombia, to provide an unparalleled exploration of these thorniest of issues. A combination of interview-based reporting and political analysis, The Peacemaker’s Paradox brings clarity to a field fraught with both legal and practical difficulties.

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.

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.

Justice After War

Author: Joanna Kyriakakis
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

Book Description
This chapter argues that just war theory supports the inclusion of economic actors and of economic crimes in post war accountability mechanisms in appropriate circumstances as a component of justice after war. To do so, the chapter is structured as follows. Part II summarizes the claim that the economic dimensions of war have been marginalized in transitional justice theory and practice until recently. This marginalization of the economic in transitional justice is one manifestation of a broader separation in international law between peace and justice on the one hand and economics on the other. Part III then looks at the close connection between economic actors, economic crimes, and war. This is illustrated through the 2009 Report of the Liberian Truth and Reconciliation Commission on the role of economic crimes and economic actors in the Liberian war. Finally, Part IV considers some of the ethical principles of just war theory and within the transitional justice literature to argue that, in some cases, economic actors and economic crimes must be considered, and even prioritized, in transitional justice accountability measures if there is to be comprehensive justice after war.