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"[This anthology] addresses the gap betwen international standard-setting prohibiting international sex crimes and actual accountability for individuals who are responsible for such crimes. The book provides detailed analysis of the legal requirements of international sex crimes and types of fact that can be used to meet these requirements. It includes a unique knowledge-base that digests international case law on such crimes. The anthology also contains several studies of institutional and evidentiary challenges in the prosecution of international sex crimes"--Series pref.
Reprint of the original, first published in 1874.
As developing societies emerge from legacies of conflict and authoritarianism, they are frequently beset by poverty, inequality, weak institutions, broken infrastructure, poor governance, insecurity, and low levels of social capital. These countries also tend to propagate massive human rights violations, which displace victims who are marginalized, handicapped, widowed, and orphaned--in other words, people with strong claims to justice. Those who work with others to address development and justice often fail to supply a coherent response to these concerns. The essays in this volume confront the intricacies--and interconnectedness--of transitional governance issues head on, mapping the relationship between two fields that, academically and in practice, have grown largely in isolation of one another. The result of a research project conducted by the International Center for Transitional Justice (ICTJ), this book explains how justice and recovery can be aligned not only in theory but also in practice, among both people and governments as they reform.
Peacebuilding, Power, and Politics in Africa is a critical reflection on peacebuilding efforts in Africa. The authors expose the tensions and contradictions in different clusters of peacebuilding activities, including peace negotiations; statebuilding; security sector governance; and disarmament, demobilization, and reintegration. Essays also address the institutional framework for peacebuilding in Africa and the ideological underpinnings of key institutions, including the African Union, NEPAD, the African Development Bank, the Pan-African Ministers Conference for Public and Civil Service, the UN Peacebuilding Commission, the World Bank, and the International Criminal Court. The volume includes on-the-ground case study chapters on Sudan, the Great Lakes Region of Africa, Sierra Leone and Liberia, the Niger Delta, Southern Africa, and Somalia, analyzing how peacebuilding operates in particular African contexts. The authors adopt a variety of approaches, but they share a conviction that peacebuilding in Africa is not a script that is authored solely in Western capitals and in the corridors of the United Nations. Rather, the writers in this volume focus on the interaction between local and global ideas and practices in the reconstitution of authority and livelihoods after conflict. The book systematically showcases the tensions that occur within and between the many actors involved in the peacebuilding industry, as well as their intended beneficiaries. It looks at the multiple ways in which peacebuilding ideas and initiatives are reinforced, questioned, reappropriated, and redesigned by different African actors. A joint project between the Centre for Conflict Resolution in Cape Town, South Africa, and the Centre of African Studies at the University of Cambridge.
The rule of law has been celebrated as “an unqualified human good," yet there is considerable disagreement about what the ideal of the rule of law requires. When people clamor for the preservation or extension of the rule of law, are they advocating a substantive conception of the rule of law respecting private property and promoting liberty, a formal conception emphasizing an “inner morality of law,” or a procedural conception stressing the right to be heard by an impartial tribunal and to make arguments about what the law is? When are exertions of executive power “outside the law” justified on the ground that they may be necessary to maintain or restore the conditions for the rule of law in emergency circumstances, such as defending against terrorist attacks? In Getting to the Rule of Law a group of contributors from a variety of disciplines address many of the theoretical legal, political, and moral issues raised by such questions and examine practical applications “on the ground” in the United States and around the world. This timely, interdisciplinary volume examines the ideal of the rule of law, questions when, if ever, executive power “outside the law” is justified to maintain or restore the rule of law, and explores the prospects for and perils of building the rule of law after military interventions.
This book is a definitive exploration of truth commissions around the world and the anguish, injustice, and the legacy of hate they are meant to absolve.
Since the end of the Cold War, the United States has been a key driver of transitional justice. It has provided crucial political backing, as well as technical and financial assistance for trials, truth commissions, and other measures aimed at helping societies address serious human rights violations. Surprisingly, however, scholars have not analyzed closely the role of the US in transitional justice. This book offers the first systematic and cross-cutting account of US foreign policy on transitional justice. It explores the development of US foreign policy on the field from World War I to the present, and provides an in-depth examination of US involvement in measures in Cambodia, Liberia, and Colombia. Annie Bird supports her findings with nearly 200 interviews with key US and foreign government officials, staff of transitional justice measures, and country experts. By "opening the black box" of US foreign policy, the book shows how the diverse and evolving interests of presidential administrations, Congress, the State Department, and other agencies play a major role in shaping US involvement in transitional justice. The book argues that, despite multiple influences, US foreign policy on transitional justice is characterized by a distinctive approach that is symbolic, retributive, and strategic. As the book concludes, this approach has influenced the field as a whole, including the establishment, design, and implementation of transitional justice measures.
Hybridity on the Ground in Peacebuilding and Development engages with the possibilities and pitfalls of the increasingly popular notion of hybridity. The hybridity concept has been embraced by scholars and practitioners in response to the social and institutional complexities of peacebuilding and development practice. In particular, the concept appears well-suited to making sense of the mutually constitutive outcomes of processes of interaction between diverse norms, institutions, actors and discourses in the context of contemporary peacebuilding and development engagements. At the same time, it has been criticised from a variety of perspectives for overlooking critical questions of history, power and scale. The authors in this interdisciplinary collection draw on their in‑depth knowledge of peacebuilding and development contexts in different parts of Asia, the Pacific and Africa to examine the messy and dynamic realities of hybridity ‘on the ground’. By critically exploring the power dynamics, and the diverse actors, ideas, practices and sites that shape hybrid peacebuilding and development across time and space, this book offers fresh insights to hybridity debates that will be of interest to both scholars and practitioners. ‘Hybridity has become an influential idea in peacebuilding and this volume will undoubtedly become the most influential collection on the idea. Nuance and sophistication characterises this engagement with hybridity.’ — Professor John Braithwaite