Pursuing Justice for Mass Atrocities

Pursuing Justice for Mass Atrocities
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
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
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.

Seeking Justice in the Courtroom and Beyond

Seeking Justice in the Courtroom and Beyond
Author: Ms. Renana Keydar
Publisher:
Total Pages:
Release: 2015
Genre:
ISBN:

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Seeking Justice takes as its starting point the growing prominence of legal mechanisms in censuring war and conflict related atrocities. It considers 1945 and the establishment of the International Military Tribunal in Nuremberg as a watershed moment that ushered in a new era in humanity's quest for post-atrocity justice. The historic decision, however, did not end the search for justice. Attempting to balance the scales of justice, legal institutions faced a crisis of incommensurability between the extraordinary crimes and basic elements of ordinary legal justice -- the goals of the process, especially retribution, its procedural form, and its resolution in a final judgment. In the process of overcoming these challenges of incommensurability, legal institutions -- the Nuremberg tribunal, the Israeli Court in the Eichmann trial and the South African Truth and Reconciliation Commission - imagined anew what justice is and should be in the aftermath of atrocity. Producing new notions of justice: enlightenment as justice, narrative as justice, and storytelling as justice, these institutions highlighted some aspects of justice, while marginalizing others. Stepping beyond the boundaries of the legal field, Seeking Justice examines cultural narratives that react - directly or explicitly - to the work of legal mechanisms of justice. The turn to the literary, from journalistic reports on legal proceedings to novels, plays, and films that fictionally engage with the pursuit of justice, my work sheds light on those elements of justice that remain absent, unaccounted for or marginalized in process of metaphorization: the desire for revenge, the dangers of omniscient narrative about the past, and the longing for conclusion and resolution. Bringing together the legal and the literary, Seeking Justice explores humanity's deep belief or desire to believe in the possibility of delivering justice in the aftermath of atrocity and the ongoing challenges it must face as it confronts extraordinary crimes in the courtroom and beyond.

Globalizing Justice for Mass Atrocities

Globalizing Justice for Mass Atrocities
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.

The Moral Witness

The Moral Witness
Author: Carolyn J. Dean
Publisher: Cornell University Press
Total Pages: 199
Release: 2019-04-15
Genre: History
ISBN: 150173508X

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The Moral Witness is the first cultural history of the "witness to genocide" in the West. Carolyn J. Dean shows how the witness became a protagonist of twentieth-century moral culture by tracing the emergence of this figure in courtroom battles from the 1920s to the 1960s—covering the Armenian genocide, the Ukrainian pogroms, the Soviet Gulag, and the trial of Adolf Eichmann. In these trials, witness testimonies differentiated the crime of genocide from war crimes and began to form our understanding of modern political and cultural murder. By the turn of the twentieth century, the "witness to genocide" became a pervasive icon of suffering humanity and a symbol of western moral conscience. Dean sheds new light on the recent global focus on survivors' trauma. Only by placing the moral witness in a longer historical trajectory, she demonstrates, can we understand how the stories we tell about survivor testimony have shaped both our past and contemporary moral culture.

The Responsibility to Protect

The Responsibility to Protect
Author: Gareth Evans
Publisher: Rowman & Littlefield
Total Pages: 369
Release: 2009-08-01
Genre: Political Science
ISBN: 0815701802

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"Never again!" the world has vowed time and again since the Holocaust. Yet genocide, ethnic cleansing, and other mass atrocity crimes continue to shock our consciences—from the killing fields of Cambodia to the machetes of Rwanda to the agony of Darfur. Gareth Evans has grappled with these issues firsthand. As Australian foreign minister, he was a key broker of the United Nations peace plan for Cambodia. As president of the International Crisis Group, he now works on the prevention and resolution of scores of conflicts and crises worldwide. The primary architect of and leading authority on the Responsibility to Protect ("R2P"), he shows here how this new international norm can once and for all prevent a return to the killing fields. The Responsibility to Protect captures a simple and powerful idea. The primary responsibility for protecting its own people from mass atrocity crimes lies with the state itself. State sovereignty implies responsibility, not a license to kill. But when a state is unwilling or unable to halt or avert such crimes, the wider international community then has a collective responsibility to take whatever action is necessary. R2P emphasizes preventive action above all. That includes assistance for states struggling to contain potential crises and for effective rebuilding after a crisis or conflict to tackle its underlying causes. R2P's primary tools are persuasion and support, not military or other coercion. But sometimes it is right to fight: faced with another Rwanda, the world cannot just stand by. R2P was unanimously adopted by the UN General Assembly at the 2005 World Summit. But many misunderstandings persist about its scope and limits. And much remains to be done to solidify political support and to build institutional capacity. Evans shows, compellingly, how big a break R2P represents from the past, and how, with its acceptance in principle and effective application in practice, the promise of "Never

Research Handbook on Transitional Justice

Research Handbook on Transitional Justice
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.

United States Law and Policy on Transitional Justice

United States Law and Policy on Transitional Justice
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.