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Based on original empirical research, this book explores retributive and gender justice, the potentials and limits of agency, and the correlation of transitional justice and social change through case studies of current dynamics in post-violence countries such Rwanda, South Africa, Cambodia, East Timor, Columbia, Chile and Germany.
This book discusses the evolving principle of transitional justice in public international law and international relations from the female perspective. The book contains contributions from a range of experts in the field of TJ. The range of experiences and knowledge in this collection provide a fresh and unique perspective in the blend of theory and practice that these contributions collectively provide.
What happens to women whose lives are affected by human rights violations? What happens to their testimony in court or in front of a truth commission? Women face a double marginalization under authoritarian regimes and during and after violent conflicts. Yet reparations programs are rarely designed to address the needs of women victims. What Happened to the Women? Gender and Reparations for Human Rights Violations emphasizes the necessity of a gender dimension in reparations programs to improve their handling of female victims and their families. A joint project of the International Center for Transitional Justice and Canada's International Development Research Centre, What Happened to the Women? includes studies of gender and reparations policies in Guatemala, Peru, Rwanda, Sierra Leone, South Africa, and Timor-Leste. Contributors represent a wide range of fields related to transitional justice and include international human rights lawyers, members of truth and reconciliation commissions, and NGO representatives.
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.
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.
"The origins of this project date back to a 2007 symposium, 'Local justice : global mechanisms and local meanings in the aftermath of mass atrocity, ' held at Rutgers University--Newark [N.J.] ... Several participants later presented papers in a session at the July 2007 meeting of the International Association of Genocide Scholars, which was held in Bosnia and Herzegovina."--Acknowledgments.
This book offers a new approach to the extraordinary story of Timor-Leste. The Indonesian invasion of the former Portuguese colony in 1975 was widely considered to have permanently crushed the Timorese independence movement. Initial international condemnation of the invasion was quickly replaced by widespread acceptance of Indonesian sovereignty. But inside Timor-Leste various resistance networks maintained their struggle, against all odds. Twenty-four years later, the Timorese were allowed to choose their political future and the new country of Timor-Leste came into being in 2002. This book presents freedom in Timor-Leste as an accomplishment of networked governance, arguing that weak networks are capable of controlling strong tyrannies. Yet, as events in Timor-Leste since independence show, the nodes of networks of freedom can themselves become nodes of tyranny. The authors argue that constant renewal of liberation networks is critical for peace with justice - feminist networks for the liberation of women, preventive diplomacy networks for liberation of victims of war, village development networks, civil society networks. Constant renewal of the separation of powers is also necessary. A case is made for a different way of seeing the separation of powers as constitutive of the republican ideal of freedom as non-domination. The book is also a critique of realism as a theory of international affairs and of the limits of reforming tyranny through the centralised agency of a state sovereign. Reversal of Indonesia's 1975 invasion of Timor-Leste was an implausible accomplishment. Among the things that achieved it was principled engagement with Indonesia and its democracy movement by the Timor resistance. Unprincipled engagement by Australia and the United States in particular allowed the 1975 invasion to occur. The book argues that when the international community regulates tyranny responsively, with principled engagement, there is hope for a domestic politics of nonviolent transformation for freedom and justice.
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.
In Assessing the Impact of Transitional Justice, fourteen leading researchers study seventy countries that have suffered from autocratic rule, genocide, and protracted internal conflict.
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.