Facing the Past: Amending Historical Injustices Through Instruments of Transitional Justice

Author: Peter Malcontent
Publisher: Intersentia Publishers
ISBN: 9781780684031
Published In: July 2016
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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How do societies at the national and international level try to overcome historical injustices? What remedies did they develop to do justice to victims of large scale atrocities? And even more important: what have we learned from the implementation of these so-called instruments of transitional justice in practice?

Lawyers, socials scientists and historians have published shelves full of books and articles on how to confront the past through international criminal tribunals, truth commissions, financial compensation schemes and other instruments of retributive/punitive and restorative justice. A serious problem continues to be that broad interdisciplinary accounts that include both categories of measures are still hardly available. With this volume a group of international experts in the field endeavors to fill this gap, and even more. By alternating historical overviews with critical assessments this volume does not only offer an extensive introduction to the world of transitional justice, but also food for thought concerning the effectiveness of the remedies it offers to face the past successfully.

PART I. TRANSITIONAL JUSTICE.WHAT'S IN THE NAME?

Introduction (p.

Do Bystanders Exist? (p.

27)

The Marketisation of Historical Injustice (p.

43)

PART II. RETRIBUTIVE JUSTICE

Introduction (p.

57)

Pacting the Law within Politics. Lessons from the International Criminal Court's First Investigations (p.

91)

National and Hybrid Tribunals. Benefits and Challenges (p.