Truth, Denial and Transition

Truth, Denial and Transition
Author: Cheryl Lawther
Publisher: Routledge
Total Pages: 224
Release: 2018-10-08
Genre: Law
ISBN: 1317755502

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Truth, Denial and Transition: Northern Ireland and the Contested Past makes a unique and timely contribution to the transitional justice field. In contrast to the focus on truth and those societies where truth recovery has been central to dealing with the aftermath of human rights violations, comparatively little scholarly attention has been paid to those jurisdictions whose transition from violent conflict has been marked by the absence or rejection of a formal truth process. This book draws upon the case study of Northern Ireland, where, despite a lengthy debate, the question of establishing a formal truth recovery process remains hotly contested. The strongest and most vocal opposition has been from unionist political elites, loyalist ex-combatants and members of the security forces. Based on empirical research, their opposition is unpicked and interrogated at length throughout this book. Critically exploring notions of national imagination and blamelessness, the politics of victimhood and the tension between traditions of sacrifice and the fear of betrayal, this book is the first substantive effort to concentrate on the opponents of truth recovery rather than its advocates. This book will interest those studying truth processes and transitional justice in the fields of Law, Politics, and Criminology.

Truth, Denial and Transition

Truth, Denial and Transition
Author: Cheryl Lawther
Publisher: Routledge
Total Pages: 217
Release: 2018-10-08
Genre: Law
ISBN: 1317755510

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Truth, Denial and Transition: Northern Ireland and the Contested Past makes a unique and timely contribution to the transitional justice field. In contrast to the focus on truth and those societies where truth recovery has been central to dealing with the aftermath of human rights violations, comparatively little scholarly attention has been paid to those jurisdictions whose transition from violent conflict has been marked by the absence or rejection of a formal truth process. This book draws upon the case study of Northern Ireland, where, despite a lengthy debate, the question of establishing a formal truth recovery process remains hotly contested. The strongest and most vocal opposition has been from unionist political elites, loyalist ex-combatants and members of the security forces. Based on empirical research, their opposition is unpicked and interrogated at length throughout this book. Critically exploring notions of national imagination and blamelessness, the politics of victimhood and the tension between traditions of sacrifice and the fear of betrayal, this book is the first substantive effort to concentrate on the opponents of truth recovery rather than its advocates. This book will interest those studying truth processes and transitional justice in the fields of Law, Politics, and Criminology.

The Truth about Denial

The Truth about Denial
Author: Adrian Bardon
Publisher:
Total Pages: 353
Release: 2020
Genre: Deception
ISBN: 0190062266

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People believe what they want to believe. It is a striking-yet all too familiar-fact about human beings that our belief-forming processes can be so distorted by fears, desires, and prejudices that an otherwise sensible person may sincerely uphold a false claim about the world despite overwhelming evidence to the contrary. When we describe someone as being "in denial," we mean that he or she is personally threatened by some set of facts and consequently fails to assess the situation properly according to the evidence, instead arguing and interpreting evidence in light of a pre-established conclusion. In a world polarized over politics, culture, race, and religion, it is evident that ideological commitments can influence one's perception of reality in socially destructive ways, especially when one perceives a threat to these commitments. When group interests, creeds, or dogmas are threatened by unwelcome factual information, biased thinking can become ideological denialism. This is a problem that affects everybody: Whereas denial can interfere with individual well-being, ideological denialism can stand in the way of urgent advancements in public policy. This book offers an accessible, historically and scientifically informed overview of our understanding of denial and denialism. Adrian Bardon introduces the reader to the latest developments in the interdisciplinary study of denial, and then investigates the role of human psychology and ideology in, respectively, science denial, economic policy, and religious belief.

Transitional Justice and Reconciliation

Transitional Justice and Reconciliation
Author: Martina Fischer
Publisher: Routledge
Total Pages: 287
Release: 2015-11-06
Genre: Law
ISBN: 1317529561

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Scholars and practitioners alike agree that somehow the past needs to be addressed in order to enable individuals and collectives to rebuild trust and relationships. However, they also continue to struggle with critical questions. When is the right moment to address the legacies of the past after violent conflict? How can societies address the past without deepening the pain that arises from memories related to the violence and crimes committed in war? How can cultures of remembrance be established that would include and acknowledges the victims of all sides involved in violent conflict? How can various actors deal constructively with different interpretations of facts and history? Two decades after the wars, societies in Bosnia, Serbia and Croatia – albeit to different degrees – are still facing the legacies of the wars of the 1990s on a daily basis. Reconciliation between and within these societies remains a formidable challenge, given that all three countries are still facing unresolved disputes either at a cross-border level or amongst parallel societies that persist at a local community level. This book engages scholars and practitioners from the regions of former Yugoslavia, as well as international experts, to reflect on the achievements and obstacles that characterise efforts to deal with the past. Drawing variously on empirical studies, theoretical discussions, and practical experience, their contributions offer invaluable insights into the complex relationship between transitional justice and conflict transformation.

International Criminal Law, Transnational Criminal Organizations and Transitional Justice

International Criminal Law, Transnational Criminal Organizations and Transitional Justice
Author: Héctor Olásolo
Publisher: BRILL
Total Pages: 251
Release: 2018-08-07
Genre: Law
ISBN: 9004341005

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Parties negotiating the end of authoritarian regimes or armed conflicts are almost inevitably left in a situation of legal uncertainty. Despite their overlapping scope of application, the differences between the approaches of International Criminal Law (ICL) and Transitional Justice (TJ) are so profound that, unless dogmatisms are left aside and a process of dialogue is entered into, it will not be possible to harmonize the current legal regime of international crimes with the need to articulate transitional processes that are capable of effectively overcoming authoritarian regimes and armed conflicts. The serious material limitations shown by national, international and hybrid ICL enforcement mechanisms should be acknowledged and the goals pursued by ICL should be redefined accordingly. A minimum level of consensus on the scope of application, goals and elements of TJ should also be reached. Situations of systematic or large scale violence against the civilian population by transnational criminal organizations increase the challenge.

Identity, Reconciliation and Transitional Justice

Identity, Reconciliation and Transitional Justice
Author: Nevin T. Aiken
Publisher: Routledge
Total Pages: 280
Release: 2013-04-15
Genre: Law
ISBN: 1135086672

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Building upon an interdisciplinary synthesis of recent literature from the fields of transitional justice and conflict transformation, this book introduces a groundbreaking theoretical framework that highlights the critical importance of identity in the relationship between transitional justice and reconciliation in deeply divided societies. Using this framework, Aiken argues that transitional justice interventions will be successful in promoting reconciliation and sustainable peace to the extent that they can help to catalyze those crucial processes of ‘social learning’ needed to transform the antagonistic relationships and identifications that divide post-conflict societies even after the signing of formal peace agreements. Combining original field research and an extensive series of expert interviews, Aiken applies this social learning model in a comprehensive examination of both the South African Truth and Reconciliation Commission and the uniquely ‘decentralized’ approach to transitional justice that has emerged in Northern Ireland. By offering new insight into the experiences of these countries, Aiken provides compelling firsthand evidence to suggest that transitional justice interventions can best contribute to post-conflict reconciliation if they not only provide truth and justice for past human rights abuses, but also help to promote contact, dialogue and the amelioration of structural and material inequalities between former antagonists. Identity, Reconciliation and Transitional Justice makes a timely contribution to debates about how to best understand and address past human rights violations in post-conflict societies, and it offers a valuable resource to students, scholars, practitioners and policymakers dealing with these difficult issues.

Transitional Justice and the Arab Spring

Transitional Justice and the Arab Spring
Author: Kirsten Fisher
Publisher: Routledge
Total Pages: 233
Release: 2015-03-24
Genre: Law
ISBN: 1135984956

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This book presents a varied and critical picture of how the Arab Spring demands a re-examination and re-conceptualization of issues of transitional justice. It demonstrates how unique features of this wave of revolutions and popular protests that have swept the Arab world since December 2010 give rise to distinctive concerns and problems relative to transitional justice. The contributors explore how these issues in turn add fresh perspective and nuance to the field more generally. In so doing, it explores fundamental questions of social justice, reconstruction and healing in the context of the Arab Spring. Including the perspectives of academics and practitioners, Transitional Justice and the Arab Spring will be of considerable interest to those working on the politics of the Middle East, normative political theory, transitional justice, international law, international relations and human rights.

International Conflict Resolution After the Cold War

International Conflict Resolution After the Cold War
Author: National Research Council
Publisher: National Academies Press
Total Pages: 640
Release: 2000-11-07
Genre: Political Science
ISBN: 0309171733

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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.

Post-Conflict Hauntings

Post-Conflict Hauntings
Author: Kim Wale
Publisher: Springer Nature
Total Pages: 391
Release: 2020-07-02
Genre: Psychology
ISBN: 3030390772

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This book engages the globally pressing question of how to live and work with the haunting power of the past in the aftermath of mass violence. It brings together a collection of interdisciplinary contributions to reflect on the haunting of post-conflict memory from the perspective of diverse country case studies including South Africa, Rwanda, Zimbabwe, Northern Ireland, North and South Korea, Palestine and Israel, America and Australia. Contributions offer theoretical, empirical and practical insights on the nature of historical trauma and practices of collective healing and repair that include embodied, artistic and culturally relevant forms of wisdom for dealing with the past. While this question has traditionally been explored through the lens of trauma studies in relation to the post-Holocaust experience, this book provides new understandings from a variety of different historical contexts and disciplinary perspectives. Its chapters draw on, challenge and expand the trauma concept to propose more contextually relevant frameworks for transforming haunted memory in the aftermath of historical trauma.

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.