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This book examines what makes accountability for previous abuses more or less possible for transitional regimes to achieve. It closely examines the other vital goals of such regimes against which accountability is often balanced. The options available are not simply prosecution or pardon, as the most heated polemics of the debate over transitional justice suggest, but a range of options, from complete amnesty through truth commissions and lustration or purification to prosecutions. The question, then, is not whether accountability can be achieved, but what degree of accountability can be achieved by a given country.
This is the first book to provide an overview of the processes and practices of transitional justice in the Asia-Pacific region.
Among the examples of civil wars, armed secessionist movements and minority uprisings in the world today, many involve conflict between a minority group’s aim for political self-determination, and the nation state’s resistance to any diminution of sovereignty. With the expansion of the international regime of human rights, minority groups have reconceptualised their struggle with the understanding that a minority which is linguistically, religiously or ethnically distinctive is entitled to self-determination if their aspirations cannot be met. This book explores the relationship between minority rights, self-determination and secession within international law, by contextualising these issues in a detailed case study of the rise of Tamil separatism in Sri Lanka. Welhengama and Pillay show how Tamil communalism hardened into secession and assess whether the Sri Lankan government has met its obligations with respect to the right to self-determination short of secession. Focusing on the legal and human rights arguments for secession by the Tamil community of the North and East of Sri Lanka, the book demonstrates how the language of international law and international human rights played a major role in the development of the arguments for secession. Through a close examination of the case of the Tamil’s secessionist movement the book presents valuable insights into why modern nation states find themselves threatened by separatist claims and bids for independence based on ethnicity.
Renowned attorney and political critic Bruce Fein reveals the dangers our Constitution and our nation have faced courtesy of the Bush Administration and a Congress asleep at the switch. In blistering detail, he deconstructs the policies of Bush in the War on Terror--from the flouting of the Foreign Intelligence Surveillance Act to the crippling of the Great Writ of habeas corpus--and forecasts that the damage he's done is unlikely to be repaired quickly or easily. As Barack Obama takes office, there are questions that involve the very foundations of our government and the degrees to which they have been undermined, either actively or passively, by nearly everyone in power today. By exploring the constitutional crises of the past--from Lincoln and habeas corpus to Nixon and Watergate--Fein compellingly and presciently begins to answer those questions.
Focusing on the historical events of post-independence Sri Lanka, S. J. Tambiah analyzes the causes of the violent conflict between the majority Sinhalese Buddhists and the minority Tamils. He demonstrates that the crisis is primarily a result of recent societal stresses—educational expansions, linguistic policy, unemployment, uneven income distribution, population movements, contemporary uses of the past as religious and national ideology, and trends toward authoritarianism—rather than age-old racial and religious differences. "In this concise, informative, lucidly written book, scrupulously documented and well indexed, [Tambiah] trains his dispassionate anthropologist's eye on the tangled roots of an urgent, present-day problem in the passionate hope that enlightenment, understanding, and a generous spirit of compromise may yet be able to prevail."—Merle Rubin, Christian Science Monitor "An incredibly rich and balanced analysis of the crisis. It is exemplary in highlighting the general complexities of ethnic crises in long-lived societies carrying a burden of historical memories."—Amita Shastri, Journal of Asian Studies "Tambiah makes an eloquent case for pluralist democracy in a country abundantly endowed with excuses to abandon such an approach to politics."—Donald L. Horowitz, New Republic "An excellent and thought-provoking book, for anyone who cares about Sri Lanka."—Paul Sieghart, Los Angeles Times Book Review