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"Did the United Nations successfully help to build a just, peaceful state and society in postconflict East Timor? Has transitional justice satisfied local demands for accountability and/or reconciliation? What lessons can be learned from the UN's efforts? Drawing on extensive field work, James DeShaw Rae offers a grassroots perspective on the relationship between peacebuilding and transitional justice. Rae traces the effects of the political violence perpetrated in East Timor during the Indonesian occupation, as well as the UN-authorized intervention and the ultimate formulation of the rebuilding effort. In the process, he explores the results of hybrid (mixed domestic-international) tribunals and the attempt to conduct war crimes tribunals and truth and reconciliation commissions in tandem. Not least, his account of the impact of international actors working with the East Timorese to construct a new nation from the ground up suggests important policy prescriptions for all postconflict societies."--Publisher description.
The Dynamics of Transitional Justice draws on the case of East Timor in order to reassess how transitional justice mechanisms actually play out at the local level. Transitional justice mechanisms – including trials and truth commissions – have become firmly entrenched as part of the United Nations ‘tool-kit’ for successful post-conflict recovery. It is now commonly assumed that by establishing individual accountability for human rights violations, and initiating truth-seeking and reconciliation programs, individuals and societies will be assisted to ‘come to terms’ with the violent past and states will make the ‘transition’ to peaceful, stable liberal democracies. Set against the backdrop of East Timor’s referendum and the widespread violence of 1999, this book interrogates the gap between the official claims made for transitional justice and local expectations. Drawing on a wide range of sources, including extensive in-depth interviews with victims/survivors, community leaders and other actors, it produces a nuanced and critical account of the complex interplay between internationally-sponsored trials and truth commissions, national justice agendas and local priorities. The Dynamics of Transitional Justice fills a significant gap in the existing social science literature on transitional justice, and offers new insights for researchers and practitioners alike.
Gender and Transitional Justice provides the first comprehensive feminist analysis of the role of international law in formal transitional justice mechanisms. Using East Timor as a case study, it offers reflections on transitional justice administered by a UN transitional administration. Often presented as a UN success story, the author demonstrates that, in spite of women and children’s rights programmes of the UN and other donors, justice for women has deteriorated in post-conflict Timor, and violence has remained a constant in their lives. This book provides a gendered analysis of transitional justice as a discipline. It is also one of the first studies to offer a comprehensive case study of how women engaged in the whole range of transitional mechanisms in a post-conflict state, i.e. domestic trials, internationalised trials and truth commissions. The book reveals the political dynamics in a post-conflict setting around gender and questions of justice, and reframes of the meanings of success and failure of international interventions in the light of them.
This book offers perspectives from the ground on human rights and peace in Timor-Leste. By highlighting the local voices, this book draws on their experience and expertise in engaging with questions concerning the nexus between human rights, peace and development. It posits that these concepts no longer mean absence of conflict, and argues that sustainable peace must be built from rights frameworks to protect the locals’ interests in the processes. Acknowledging the lack of autonomy on local actors in peace-making contexts, the book emphasizes the urgent need to facilitate the creation of political and social structures that can support and offer contextual rights and dignity for the Timorese community.
Seeing the role of transitional justice as an area of contestation, this book focuses on the principle of equality guaranteed in the access to transitional justice mechanisms. By raising women's experiences in dealing with the law and policies as well as the implications of community and family practices during post-conflict situations, the book shows how these mechanisms may have been implemented mechanically, without considering the different intersections of discrimination, the public and private divides that exist in the local context or the stereotypes and values of international and national actors. The book argues that without unpacking the barriers in the administration of transitional justice, the different mechanisms that are implemented in a post-conflict situation may set a higher threshold for the participation of women. Moreover, by taking into account women's perceptions of justice, it further argues that scholars have paid insufficient attention to the welfare structures that are produced after a conflict, particularly the pensions of veterans. Going beyond the focus on sexual violence, a relationship between the violations and post-conflict economic justice may have longer-term consequences for women since it perpetuates their inequality and lack of recognition in times of peace. The use of transitional justice may thus exacerbate the invisibility of and discrimination against certain sections of the population. Inspired by the work of Hannah Arendt and based on extensive field research in Timor-Leste, the book has larger implications for the overarching debate on the social consequences of transitional justice.
Despite the growing focus on issues of socio-economic transformation in contemporary transitional justice, the path dependencies imposed by the political economy of war-to-peace transitions and the limitations imposed by weak statehood are seldom considered. This book explores transitional justice’s prospects for seeking economic justice and reform of structures of poverty in the specific context of post-conflict states.
In the first project of its kind to compare multiple mechanisms and combinations of mechanisms across regions, countries, and time, Transitional Justice in Balance: Comparing Processes, Weighing Efficacy systematically analyzes the claims made in the literature using a vast array of data, which the authors have assembled in the Transitional Justice Data Base.
Timor-Leste has had a troubled history and faces an uncertain future. Having experienced colonization for centuries followed by the Indonesian occupation, with all its abuses of human rights, Timor-Leste emerged as an independent state, based on the rule of law and on respect for human rights. The last few years have shown that no society is simple and that the complex influences of the past continue to shape political, social, and cultural realities. This book examines the contemporary challenges for justice and human rights in the shadow of the past. It approaches the task from a broad interdisciplinary perspective, conscious of the need to integrate insights not only of scholars immersed in human rights, international criminal justice, and customary law, but of others whose backgrounds are in international relations, history, anthropology, demography, sociology, geography, and ecology.
The concept of international administrations of territory, in which comprehensive administrative powers are exercised by, on behalf of or with the agreement of the United Nations has recently re-emerged in the context of reconstructing (parts of) states after conflict. Although in Kosovo and East Timor, the UN was endowed with wide-ranging executive and legislative powers, in the subsequent operations in Afghanistan it was decided, to principally rely on local capacity with minimal international participation, and in Iraq, administrative power was exercised by the occupying powers. The objectives are however very similar. This work first delineates the origins of the granting of administrative functions to international actors, and analyses the context in which it has resurfaced, namely post-conflict peace-building or reconstruction. Secondly, the book methodically establishes the legal framework applicable to post-conflict administrations and peace-building operations, by taking into account the post-conflict scenario in which they operate. Based on these two analyses, an enquiry into the practice of the reconstruction processes in Kosovo, East Timor, Afghanistan and Iraq is undertaken, to analyse and understand the influence of the international legal framework and the different approaches on the implementation of the mandates. Finally, the book concludes with an analysis of questions on exit strategies, local ownership, the internationalisation of domestic institutions, and the need for a comprehensive approach towards post-conflict reconstruction.