Understanding Transitional Justice: A Struggle for Peace, Reconcialiation, and Rebuilding

Administrative / Constitutional Law

Understanding Transitional Justice: A Struggle for Peace, Reconcialiation, and Rebuilding

By Giada Girelli
Palgrave Macmillan July 2017

Specifications

ISBN-13
9783319536057
Publisher
Palgrave Macmillan
Publication
July 2017
Format
Hardback
Jurisdiction
Switzerland ? Countri(es) for reference only

Details

The book is an accurate and accessible introduction to the complex and dynamic field of transitional and post-conflict justice, providing an overview of its recurring concepts and debated issues. Particular attention is reserved to how these concepts and issues have been addressed, both theoretically and literally, by lawyers, policy-makers, international bodies, and other actors informing the practice. By presenting significant, if undeniably disputable, alternatives to mainstream theories and past methods of addressing past injustice and (re)building a democratic state, the work aims to illustrate some foundational themes of transitional justice that have emerged from a diverse set of discussions. The author's position thus arrives from a careful analysis of the advantages and disadvantages of answers to the question: how, after a traumatic social experience, is justice restored?

Table of Contents

1. Introduction: Building Justice in the Wake of Atrocities
2. A Fight for Inclusion: The Transforming Role of Victims in Transitional Justice Processes
3. Truth: Chasing an Illusion?
4. Reconciliation: A Journey "From Madness to Hope"
5. Amnesties: Juggling Tensions within the Transitional Justice Discourse
6. The Origins of International Criminal Accountability: The Nuremberg and Tokyo Tribunals
7. International Criminal Justice Revisited: The Ad-Hoc Tribunals for the Former Yugoslavia and Rwanda
8. The Hybrid Experiment: Assessing the Special Court for Sierra Leone
9. Healing a Wounded Nation: The Reconciliatory Paradigm of Truth Commissions
10. Adapting the Perspective: The Role of Bottom-Up Initiatives
11. "No Hay Paz Sin Trabajo": Incorporating Indigenous Perspectives in the Struggle for a More Meaningful Justice
12. Conclusions: Justice beyond Rhetoric
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