Author: Charles Call
Publisher: US Institute of Peace Press
ISBN: 9781929223893
Category : History
Languages : en
Pages : 460
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Book Description
Distinguished scholars, criminal justice practitioners, and former senior officials of international missions examine the experiences of countries that have recently undergone transitions from conflict with significant international involvement.
Author: David Chiwon Kwon
Publisher: CUA Press
ISBN: 0813236517
Category : Political Science
Languages : en
Pages : 313
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Book Description
Justice After War is aimed especially to both undergraduate and graduate students, as well as the general audience who want to understand the significance of a recent development within the just war tradition, namely, the increasing attention given to the category of jus post bellum (postwar justice and peace). While examining the interrelated challenges of moral and social norms in both political and legal domains, as well as church practices, this work proposes an innovative methodology for linking theology, ethics, and social science so that the ideal and the real can inform each other in the ethics of war and peacebuilding. The main task of this project, then, is to identify what the author views as three key themes of jus post bellum, and three practices that are essential to implementing jus post bellum immediately after a war: just policing, just punishment, and just political participation. David Kwon endeavors to challenge the view of those who suggest that reconciliation, mainly political reconciliation, is the foremost ambition of jus post bellum. Instead, he attempts to justify the proposition that achieving just policing, just punishment, and just political participation are essential to building a just peace, a peace in which the fundamental characteristic must be human security. It thus demonstrates that human security is an oft-neglected theme in the recent discourse of moral theologians and that a more balanced understanding of jus post bellum will direct attention to the elements composing human security in a postwar context.
Author: James Hughes
Publisher: Routledge
ISBN: 0429778708
Category : Political Science
Languages : en
Pages : 137
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Book Description
The concepts of reconciliation and transitional justice are inextricably linked in a new body of normative meta-theory underpinned by claims related to their effects in managing the transformation of deeply divided societies to a more stable and more democratic basis. This edited volume is dedicated to a critical re-examination of the key premises on which the debates in this field pivot. The contributions problematise core concepts, such as victimhood, accountability, justice and reconciliation itself; and provide a comparative perspective on the ethnic, ideological, racial and structural divisions to understand their rootedness in local contexts and to evaluate how they shape and constrain moving beyond conflict. With its systematic empirical analysis of a geographic and historic range of conflicts involving ethnic and racial groups, the volume furthers our grasp of contradictions often involved in transitional justice scholarship and practice and how they may undermine the very goals of peace, stability and reconciliation that they seek to promote. This book was originally published as a special issue of Ethnic and Racial Studies.
Author: Marie Breen Smyth
Publisher: Routledge
ISBN: 1134079494
Category : History
Languages : en
Pages : 221
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Book Description
This book considers the problem of managing the unfinished business of a violent past in societies moving out of political violence. Truth Commissions are increasingly used to unearth the acts committed by the various protagonists and to acknowledge the suffering of their victims. This book uniquely focuses on the conditions which predispose – or prevent – embarkation on a truth recovery process, and the rationale for that process. There is, it argues, no magic moment of ‘readiness’ for truth recovery: the conditions are constructed by political ‘willingness’ rather than spontaneously occurring. Much of the literature on Northern Ireland’s past provides historical analyses of the conflict – Republican, state or Loyalist violence – and is often (implicitly or explicitly) associated with one or other of the partisans in the conflict. This book focuses on the dynamic between the protagonists and how each of their positions, in this case on truth recovery, combine to produce the overall political status quo in Northern Ireland. As the society struggles to move forward, Marie Breen Smyth considers whether the entrenched positions of some, and the failure understand the views of others, can be shifted by a societal revisiting and re-evaluation of the past. Truth Recovery and Justice after Conflict arises from a decade’s writing and research with both victims and those close to the armed groups in Northern Ireland. It is also informed by the author’s work in South Africa, West Africa, Israel and the Occupied Palestinian Territories. It will be of great interest to students and researchers in politics, international relations, peace studies and law.
Author: Janet C. Gerson
Publisher: Cambridge Scholars Publishing
ISBN: 1527571122
Category : Political Science
Languages : en
Pages : 274
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Book Description
This book presents an important contribution to our understanding of post-conflict justice as an essential element of global ethics and justice through an exploration of the World Tribunal on Iraq (WTI). The 2003 War in Iraq provoked worldwide protests and unleashed debates on the war’s illegitimacy and illegality. In response, the WTI was organized by anti-war and peace activists, international law experts, and ordinary people who claimed global citizens’ rights to investigate and document the war responsibilities of official authorities, governments, and the United Nations, as well as their violation of global public will. The WTI’s democratizing, experimental form constituted reclaimative post-conflict justice, a new conceptualization within the field of post-conflict and justice studies. This book serves as a theoretical and practical guide for all who seek to reclaim deliberative democracy as a viable foundation for revitalizing the ethical norms of a peaceful and just world order.
Author: Council of Europe
Publisher: Council of Europe
ISBN:
Category : Political Science
Languages : en
Pages : 49
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Book Description
The dissolution of the former Yugoslavia was accompanied by a series of wars in the 1990s marked by gross human rights violations. The legacy of this violent past lingers on in this region, putting human rights and social cohesion at risk. Despite important constructive steps taken by governments, national justice systems are confronted with serious shortcomings and impunity is still prevalent. Thousands of war victims, including refugees and other displaced persons, stateless people and families of missing persons remain without reparation. The need to establish and recognise the truth about the gross human rights violations during the war is not yet a fully accepted principle. This issue paper deals with the process of post-war justice and the efforts to address the remaining issues and establish long-term peace in the region of the former Yugoslavia. Its main focus is the analysis of four major components of post-war justice: the elimination of impunity; the provision of adequate and effective reparation to all war victims; the need to establish and recognise the truth concerning the gross human rights violations and serious violations of international humanitarian law that occurred; and the need for institutional reforms to prevent any repetition of past events. The issue paper concludes with a number of recommendations addressed primarily to the states in the region concerned.
Author: Carsten Stahn
Publisher: Oxford University Press
ISBN: 0198823282
Category : Law
Languages : en
Pages : 385
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Book Description
As contemporary studies have increasingly viewed just post bellum to the concept of peace, or the law of peace, so opinions concerning what a 'just peace' could look like have diverged. Is it merely an elusive ideal? Or is it predominantly procedural justice? Is it dependent on concessions and compromise? In this volume, the third output of a major research project on Jus Post Bellum, Carsten Stahn, Jens Iverson, and Jennifer Easterday bring together a team of experts to explore the issues surrounding a just peace, what it is composed of, and how it makes itself felt in the modern world, concluding that a just peace is not only related to form and
Author: Carsten Stahn
Publisher: Oxford University Press
ISBN: 0192556339
Category : Law
Languages : en
Pages : 380
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Book Description
The interplay between peace and justice plays an important role in any contemporary conflict. Peace can be described in a variety ways, as being 'negative' or 'positive', 'liberal' or 'democratic'. But what is it that makes a peace just? This book draws together leading scholars to study this concept of a 'just peace', analysing different elements of the transition from conflict to peace. The volume covers six core themes: conceptual approaches towards just peace, macro-principles, the nexus to security and stability, protection of persons and public goods, rule of law, and economic reform and accountability. Contributions engage with understudied issues, such as the pros and cons of robust UN mandates, the link between environmental protection and indigenous peoples, the treatment of illegal settlements, the feasibility of vetting practices, and the protection of labour rights in post-conflict economies. Overall, the book puts forward a case that just peace requires not only negotiation, agreement, and compromise, but contextual understandings of law, multiple dimensions of justice, and strategies of prevention. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is offered as a free PDF download from OUP and selected open access locations.
Author: Larry May
Publisher: Cambridge University Press
ISBN: 110701851X
Category : History
Languages : en
Pages : 259
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Book Description
This is the first book-length treatment of justice after war ends. Larry May combines here both philosophical and legal analysis.
Author: Larry May
Publisher: Cambridge University Press
ISBN: 1107512891
Category : Law
Languages : en
Pages :
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Book Description
This collection of essays brings together jus post bellum and transitional justice theorists to explore the legal and moral questions that arise at the end of war and in the transition to less oppressive regimes. Transitional justice and jus post bellum share in common many concepts that will be explored in this volume. In both transitional justice and jus post bellum, retribution is crucial. In some contexts criminal trials will need to be held, and in others truth commissions and other hybrid trials will be considered more appropriate means for securing some form of retribution. But there is a difference between how jus post bellum is conceptualized, where the key is securing peace, and transitional justice, where the key is often greater democratization. This collection of essays highlights both the overlap and the differences between these emerging bodies of scholarship and incipient law.
