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In the last twenty years, the field of transitional justice has gone from being a peripheral concern to an ubiquitous feature of societies recovering from mass conflict or repressive rule. In both policy and scholarly realms, transitional justice has proliferated rapidly, with ever-increasing variety in terms of practical rapidly, with ever-increasing variety in terms of practical processes and analytical approaches. The sprawl of transitional justice, however, has not always produced concepts and practices that are theoretically sound and grounded in the empirical realities of the societies in question.
Establishes links between lack of societal peace, structural causes of human suffering, recurrent patterns of political violence and forced migration in the Global South.
This book engages the limits of transitional justice and, more speci
Since the 1980s, transitional justice mechanisms have been increasingly applied to account for mass atrocities and grave human rights violations throughout the world. Over time, post-conflict justice practices have expanded across continents and state borders and have fueled the creation of new ideas that go beyond traditional notions of amnesty, retribution, and reconciliation. Gathering work from contributors in international law, political science, sociology, and history, New Critical Spaces in Transitional Justice addresses issues of space and time in transitional justice studies. It explains new trends in responses to post-conflict and post-authoritarian nations and offers original empirical research to help define the field for the future.
Many countries have attempted to transition to democracy following conflict or repression, but the basic meaning of transitional justice remains hotly contested. In this book, Colleen Murphy analyses transitional justice - showing how it is distinguished from retributive, corrective, and distributive justice - and outlines the ethical standards which societies attempting to democratize should follow. She argues that transitional justice involves the just pursuit of societal transformation. Such transformation requires political reconciliation, which in turn has a complex set of institutional and interpersonal requirements including the rule of law. She shows how societal transformation is also influenced by the moral claims of victims and the demands of perpetrators, and how justice processes can fail to be just by failing to foster this transformation or by not treating victims and perpetrators fairly. Her book will be accessible and enlightening for philosophers, political and social scientists, policy analysts, and legal and human rights scholars and activists.
A Holocaust survivor's surprising and thought-provoking study of forgiveness, justice, compassion, and human responsibility, featuring contributions from the Dalai Lama, Harry Wu, Cynthia Ozick, Primo Levi, and more. You are a prisoner in a concentration camp. A dying Nazi soldier asks for your forgiveness. What would you do? While imprisoned in a Nazi concentration camp, Simon Wiesenthal was taken one day from his work detail to the bedside of a dying member of the SS. Haunted by the crimes in which he had participated, the soldier wanted to confess to--and obtain absolution from--a Jew. Faced with the choice between compassion and justice, silence and truth, Wiesenthal said nothing. But even years after the way had ended, he wondered: Had he done the right thing? What would you have done in his place? In this important book, fifty-three distinguished men and women respond to Wiesenthal's questions. They are theologians, political leaders, writers, jurists, psychiatrists, human rights activists, Holocaust survivors, and victims of attempted genocides in Bosnia, Cambodia, China and Tibet. Their responses, as varied as their experiences of the world, remind us that Wiesenthal's questions are not limited to events of the past.
Transitional justice is usually associated with international criminal courts and tribunals, but criminal justice is merely one way of dealing with the legacy of conflict and atrocity. Justice is not only a matter of law. It is a process of making sense of the past and accepting the possibility of a shared future together, although perpetrators, victims and bystanders may have very different memories and perceptions, experiences and expectations. This book goes further than providing a legal analysis of the effectiveness of transitional justice and presents a wider perspective. It is a critical appraisal of the different dimensions of the process of transitional justice that affects the imagery and constructions of past experiences and perceptions of conflict. Examining hidden histories of atrocities, public trials and memorialization, processes and rituals, artistic expressions and contradictory perceptions of past conflicts, the book constructs what transitional justice and the imagery involved can mean for a better understanding of the processes of justice, truth and reconciliation. In transcending the legal, although by no means denying the significance of law, the book also represents a multidisciplinary, holistic approach to justice and includes contributions from criminal and international lawyers, cultural anthropologists, criminologists, political scientists and historians.
Many have argued that ubuntu was a formative influence on the post-apartheid Truth and Reconciliation Commission (TRC), South Africa’s famous transitional justice mechanism. A Discourse on African Philosophy: A New Perspective on Ubuntu and Transitional Justice in South Africa challenges and contextualizes this view in a way that not only provides new findings and reflections on ubuntu and the TRC, but also contributes to the field of African philosophy. One of Christian B. N. Gade’s key findings, founded on qualitative interviews in South Africa, is that some former TRC commissioners and committee members question the importance of ubuntu in the TRC process. Another is that there are several differing and historically developing interpretations of ubuntu, some of which have evident political implications and reflect non-factual and creative uses of history. Thus ubuntu is not a shared cultural heritage, in the ethnophilosophical sense of a static property characterizing a group. In fact, throughout this book Gade argues that the ethnophilosophical approach to African philosophy as a static group property is highly problematic. Gade’s research presents an alternative collective discourse on African philosophy (“collective” in the sense that it does not focus on any single individual in particular) that takes differences, historical developments, and social contexts seriously. This book will be of interest to scholars in African philosophy, transitional justice, politics and cultural heritage, and law in South Africa.
Truth-seeking mechanisms, international criminal law developments, and other forms of transitional justice have become ubiquitous in societies emerging from long years of conflict, instability, and oppression, while moving toward the direction of a post-conflict, more peaceful era. In practice, both top-down and bottom-up approaches to transitional justice are being formally and informally developed in places such as South Africa, Liberia, Peru, Chile, the Democratic Republic of Congo, Sierra Leone, Rwanda, the former Yugoslavia, and Northern Ireland. Many studies, publications, conferences, and debates have taken place addressing these developments and providing elaboration of theories relating to transition justice generally. However, rarely have these processes been examined and critiqued through a feminist lens. The position of women, particularly their specific victimization, typically has not been taken into account in any systematic manner. Seldom do commentators specifically consider whether the recently developed mechanisms for promoting peace and reconciliation will actually help the position of women in a society moving out of repression or conflict. Post-conflict societies, because they must rebuild, are ideally poised to introduce standards that would enable and ensure the active participation of the entire population, including women, in rebuilding a more stable, fair, and democratic polity. This book offers some insights into women's perspectives and feminist views on the topic of transitional justice or 'justice in transition.' Bringing feminism into the conversation allows for an expansion of the possibilities for a transformative justice approach after a period of conflict or insecurity, not by replacing it with feminist theory, but by broadening the scope and vision of the potential responses. (Series: Transitional Justice - Vol. 13)
This book examines the role of post-conflict memorial arts in bringing about gender justice in transitional societies. Art and post-violence memorialisation are currently widely debated. Scholars of human rights and of commemorative arts discuss the aesthetics and politics not only of sites of commemoration, but of literature, poetry, visual arts and increasingly, film and comics. Art, memory and activism are also increasingly intertwined. But within the literature around post-conflict transitional justice and critical human rights studies, there is little questioning about what memorial arts do for gender justice, how women and men are included and represented, and how this intertwines with other questions of identity and representation, such as race and ethnicity. The book brings together research from scholars around the world who are interested in the gendered dimensions of memory-making in transitional societies. Addressing a global range of cases, including genocide, authoritarianism, civil war, electoral violence and apartheid, they consider not only the gendered commemoration of past violence, but also the possibility of producing counter-narratives that unsettle and challenge established stereotypes. Aimed at those interested in the fields of transitional justice, memory studies, post-conflict peacebuilding, human rights and gender studies, this book will appeal to academics, researchers and practitioners.