War Crimes Tribunals and Transitional Justice

This book does this by analyzing the Tokyo Trial, the other International Military Tribunal established after the Second World War, and its impact on post-war Japan.

Author: Madoka Futamura

Publisher: Routledge

ISBN: 9781134091324

Category: Law

Page: 240

View: 860

Download →

Advocates of the ‘Nuremberg legacy’ emphasize the positive impact of the individualization of responsibility and the establishment of an historical record through judicial procedures for ‘war crimes’. This legacy has been cited in the context of the establishment and operation of the UN ad hoc International Criminal Tribunals in the 1990s, as well as for the International Criminal Court. The problem with this legacy, however, is that it is based solely on the experience of West Germany. Furthermore, the effect of the procedure on post-conflict society has not been empirically examined. This book does this by analyzing the Tokyo Trial, the other International Military Tribunal established after the Second World War, and its impact on post-war Japan. Madoka Futamura examines the short- and long-term impact of the International Military Tribunal for the Far East (the Tokyo Trial), on post-war Japan, in order to improve the understanding of and strategy for ongoing international war crimes tribunals. War Crimes Tribunals and Transitional Justice will be of much interest to students of war crimes, international law, transitional justice and international relations in general.
Posted in:

War Crimes Trials in Bosnia and Herzegovina

This book examines transitional justice mechanisms as applied in Bosnia and Herzegovina, with a clear focus on criminal justice mechanisms, primarily on national war crimes trials.

Author: Lejla Ruedi

Publisher:

ISBN: 3037516763

Category:

Page: 414

View: 466

Download →

This book examines transitional justice mechanisms as applied in Bosnia and Herzegovina, with a clear focus on criminal justice mechanisms, primarily on national war crimes trials. The Federation of Bosnia and Herzegovina has been a complex field of experiments for the outreach and referral program of the International Criminal Tribunal for the former Yugoslavia (ICTY). Meanwhile, most of the war crimes trials that were referred from the ICTY to the domestic jurisdiction have been completed. While these trials were mainly focused on the "big fishes" that were regarded as the most responsible for the atrocities during the 1992-1995 armed conflict, the rest of the suspected war criminals are prosecuted by the national authorities. The book provides an overview of national war crimes prosecutions in Bosnia and Herzegovina. It focuses on key problems of substantive and procedural criminal law aspects, such as the application of various different Criminal Codes for the same crimes at the state and entity level, as well as the introduction and application of plea bargaining in war crimes cases. (Series: International Criminal Law / Volkerstrafrecht und internationales Strafrecht - Vol. 5) [Subject: Transitional Justice, International Law, Criminal Law, Human Rights Law]
Posted in:

From Nuremberg to the Hague

Transitional Justice is a crucial topic in the study and practice of international relations and international law.

Author: Zachary Daniel Kaufman

Publisher:

ISBN: OCLC:863578255

Category: International relations

Page: 396

View: 748

Download →

Posted in:

Transitional Justice in Troubled Societies

This collection contributes to developing this concept both theoretically and through concrete and current case studies from the worlds most pronounced crisis spots for transitional justice.

Author: Aleksandar Fatic

Publisher: Rowman & Littlefield

ISBN: 9781786605900

Category: Political Science

Page: 248

View: 217

Download →

This collection contributes to developing this concept both theoretically and through concrete and current case studies from the worlds most pronounced crisis spots for transitional justice.
Posted in:

Narratives of Justice In and Out of the Courtroom

This volume considers the dynamic relations between the contemporary practices of international criminal tribunals and the ways in which competing histories, politics and discourses are re-imagined and re-constructed in the former ...

Author: Dubravka Zarkov

Publisher: Springer Science & Business Media

ISBN: 9783319040578

Category: Psychology

Page: 188

View: 653

Download →

This volume considers the dynamic relations between the contemporary practices of international criminal tribunals and the ways in which competing histories, politics and discourses are re-imagined and re-constructed in the former Yugoslavia and beyond. There are two innovative aspects of the book - one is the focus on narratives of justice and their production, another is in its comparative perspective. While legal scholars have tended to analyze transitional justice and the international war tribunals in terms of their success or failure in establishing the facts of war crimes, this volume goes beyond mere facts and investigates how the courts create a symbolic space within which competing narratives of crimes, perpetrators and victims are produced, circulated and contested. It analyzes how international criminal law and the courts gather, and in turn produce, knowledge about societies in war, their histories and identities, and their relations to the wider world. Moreover, the volume situates narratives of transitional justice in former Yugoslavia both within specific national spaces - such as Serbia, and Bosnia - and beyond the Yugoslav. In this way it also considers experiences from other countries and other times (post-World War II) to offer a sounding board for re-thinking the meanings of transitional justice and institutions within former Yugoslavia. Included in the volume's coverage is a look at the Rwandan tribunals, the trials of Charles Taylor, Radovan Karadzic, the Srebrenica genocide, and other war crimes and criminals in the Yugoslav. Finally, it frames all of those narratives and experiences within the global dynamics of legal, social and geo-political transformations, making it an excellent resource for social science researchers, human rights activists, those interested in the former Yugoslavia and international relations, and legal scholars.
Posted in:

Transitional Justice and Rule of Law Reconstruction

This book will be of interest to scholars in the fields of transitional justice, rule of law, legal pluralism and peace-building concerned by the failure of transitional justice to leave a positive legacy to the justice system of the states ...

Author: Padraig McAuliffe

Publisher: Routledge

ISBN: 9781135037765

Category: Law

Page: 305

View: 837

Download →

This short and accessible book is the first to focus exclusively on the inter-relation between transitional justice and rule of law reconstruction in post-conflict and post-authoritarian states. In so doing it provides a provocative reassessment of the various tangled relationships between the two fields, exploring the blind-spots, contradictions and opportunities for mutually-beneficial synergies in practice and scholarship between them. Though it is commonly assumed that transitional justice for past human rights abuses is inherently conducive to restoring the rule of law, differences in how both fields conceptualise the rule of law, the scope of transition and obligations to citizens have resulted in divergent approaches to transitional criminal trial, international criminal law, restorative justice and traditional justice mechanisms. Adopting a critical comparative approach that assesses the experiences of post-authoritarian and post-conflict polities in Latin America, Asia, Europe and Africa undergoing transitional justice and justice sector reform simultaneously, it argues that the potential benefits of transitional justice are exaggerated and urges policy-makers to rebalance the compromises inherent in transitional justice mechanisms against the foundational demands of rule of law reconstruction. This book will be of interest to scholars in the fields of transitional justice, rule of law, legal pluralism and peace-building concerned by the failure of transitional justice to leave a positive legacy to the justice system of the states where it operates. ‘This is a bold and nuanced scrutiny of the international system’s approach to transitional justice and the much vaunted rule of law project. Dr McAulifee should be congratulated for this well-researched book which should be a must read for not only scholars and researchers in transitional justice and peace and conflict studies, but also policy-makers in the international system.’ Dr. Hakeem O. Yusuf, Senior Lecturer, University of Strathclyde and author of Transitional Justice, Judicial Accountability and the Rule of Law.
Posted in:

United States Law and Policy on Transitional Justice

By first presenting an overview of possible responses to atrocities (such as war crimes tribunals) and then analyzing six historical case studies, Kaufman evaluates why and how the United States has pursued particular transitional justice ...

Author: Zachary D. Kaufman

Publisher: Oxford University Press

ISBN: 9780190668419

Category: Law

Page: 384

View: 781

Download →

In United States Law and Policy on Transitional Justice: Principles, Politics, and Pragmatics, Zachary D. Kaufman explores the U.S. government's support for, or opposition to, certain transitional justice institutions. By first presenting an overview of possible responses to atrocities (such as war crimes tribunals) and then analyzing six historical case studies, Kaufman evaluates why and how the United States has pursued particular transitional justice options since World War II. This book challenges the "legalist" paradigm, which postulates that liberal states pursue war crimes tribunals because their decision-makers hold a principled commitment to the rule of law. Kaufman develops an alternative theory-"prudentialism"-which contends that any state (liberal or illiberal) may support bona fide war crimes tribunals. More generally, prudentialism proposes that states pursue transitional justice options, not out of strict adherence to certain principles, but as a result of a case-specific balancing of politics, pragmatics, and normative beliefs. Kaufman tests these two competing theories through the U.S. experience in six contexts: Germany and Japan after World War II, the 1988 bombing of Pan Am flight 103, the 1990-1991 Iraqi offenses against Kuwaitis, the atrocities in the former Yugoslavia in the 1990s, and the 1994 Rwandan genocide. Kaufman demonstrates that political and pragmatic factors featured as or more prominently in U.S. transitional justice policy than did U.S. government officials' normative beliefs. Kaufman thus concludes that, at least for the United States, prudentialism is superior to legalism as an explanatory theory in transitional justice policymaking.
Posted in:

Understanding the Age of Transitional Justice

In Understanding the Age of Transitional Justice, the contributors analyze the processes, products, and efficacy of a number of transitional justice mechanisms and look at how genocide, mass political violence, and historical injustices are ...

Author: Nanci Adler

Publisher: Rutgers University Press

ISBN: 9780813597805

Category: Law

Page: 258

View: 370

Download →

Since the 1980s, an array of legal and non-legal practices—labeled Transitional Justice—has been developed to support post-repressive, post-authoritarian, and post-conflict societies in dealing with their traumatic past. In Understanding the Age of Transitional Justice, the contributors analyze the processes, products, and efficacy of a number of transitional justice mechanisms and look at how genocide, mass political violence, and historical injustices are being institutionally addressed. They invite readers to speculate on what (else) the transcripts produced by these institutions tell us about the past and the present, calling attention to the influence of implicit history conveyed in the narratives that have gained an audience through international criminal tribunals, trials, and truth commissions. Nanci Adler has gathered leading specialists to scrutinize the responses to and effects of violent pasts that provide new perspectives for understanding and applying transitional justice mechanisms in an effort to stop the recycling of old repressions into new ones.
Posted in:

Managing Transitional Justice

This book examines expectations for justice in transitional societies and how stakeholder expectations are ignored, marginalized and co-opted by institutions in the wake of conflict.

Author: Ray Nickson

Publisher: Springer

ISBN: 9783319777825

Category: Social Science

Page: 257

View: 123

Download →

This book examines expectations for justice in transitional societies and how stakeholder expectations are ignored, marginalized and co-opted by institutions in the wake of conflict. Focusing on institutions that have adopted international criminal trials, the authors encourage us to ask not only whether expectations are appropriate to institutions, but whether institutions are appropriate expectations. Drawing upon a wide variety of sources, this volume demonstrates that a profound ‘expectation gap’ – the gap between anticipated and likely outcomes of justice – exists in transitional justice systems and processes. This ‘expectation gap’ requires that the justice goals of local communities be managed accordingly. In proposing a perspective of enhanced engagement, the authors argue for greater compromise in the expectations, goals and design of transitional justice. This book will constitute an important and valuable resource for students of scholars of transitional justice as well as practitioners, particularly with regards to the design of transitional justice responses.
Posted in:

Some Kind of Justice

In Some Kind of Justice: The ICTY's Impact in Bosnia and Serbia, Orentlicher explores the evolving domestic impact of the International Criminal Tribunal for the former Yugoslavia (ICTY), which operated longer than any other international ...

Author: Diane Orentlicher

Publisher: Oxford University Press

ISBN: 9780190882280

Category: Law

Page: 352

View: 826

Download →

An internationally-renowned scholar in the fields of international and transitional justice, Diane Orentlicher provides an unparalleled account of an international tribunal's impact in societies that have the greatest stake in its work. In Some Kind of Justice: The ICTY's Impact in Bosnia and Serbia, Orentlicher explores the evolving domestic impact of the International Criminal Tribunal for the former Yugoslavia (ICTY), which operated longer than any other international war crimes court. Drawing on hundreds of research interviews and a rich body of inter-disciplinary scholarship, Orentlicher provides a path-breaking account of how the Tribunal influenced domestic political developments, victims' experience of justice, acknowledgement of wartime atrocities, and domestic war crimes prosecutions, as well as the dynamic factors behind its evolving influence in each of these spheres. Highlighting the perspectives of Bosnians and Serbians, Some Kind of Justice offers important and practical lessons about how international criminal courts can improve the delivery of justice.
Posted in:

National Trials of International Crimes in Bangladesh

This book presents an account and interpretation of the major legal issues arising in course of the trial process and their judicial expositions reflected in the judgments and underscores their precedential significance, legacy, and ...

Author: M. Rafiqul Islam

Publisher: BRILL

ISBN: 9789004389380

Category: Law

Page: 536

View: 310

Download →

This book presents an account and interpretation of the major legal issues arising in course of the trial process and their judicial expositions reflected in the judgments and underscores their precedential significance, legacy, and contribution.
Posted in:

Peace Versus Justice

Whether moving from armed conflict; the end of authoritarian rule; or systematic state repression, there is often a demand in Africa's post-conflict societies for justice that is often counter-balanced by the need for reconciliation.

Author: Suren Pillay

Publisher:

ISBN: STANFORD:36105123681830

Category: Africa

Page: 48

View: 511

Download →

Whether moving from armed conflict; the end of authoritarian rule; or systematic state repression, there is often a demand in Africa's post-conflict societies for justice that is often counter-balanced by the need for reconciliation. A key focus of the concerns captured in this seminar report is an analysis of the dilemmas posed by the establishment of peace without justice, as opposed to the establishment of justice without peace.
Posted in:

Jus Post Bellum and Transitional Justice

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.

Author: Larry May

Publisher: Cambridge University Press

ISBN: 9781107512894

Category: Law

Page:

View: 612

Download →

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.
Posted in:

Kosovo and Transitional Justice

This book analyses efforts to achieve justice in Kosovo for victims of crimes committed during the conflict in the 1990s, relating this to broader debates on transitional justice.

Author: Aidan Hehir

Publisher: Routledge

ISBN: 9781000409963

Category: Political Science

Page: 232

View: 209

Download →

This book analyses efforts to achieve justice in Kosovo for victims of crimes committed during the conflict in the 1990s, relating this to broader debates on transitional justice. The war in Kosovo has come under the jurisdiction of a number of mechanisms which fit within the broader framework of transitional justice. These include international tribunals (the ICTY), international organisations with judicial mandates within Kosovo (UNMIK and EULEX), ad-hoc hybrid tribunals (the Kosovo Specialist Chambers) and truth-seeking mechanisms (RECOM and the Truth and Reconciliation Commission). Collectively, these developments make Kosovo a profoundly important case study on the contemporary efficacy of transitional justice. This volume analyses the nature and impact of the various mechanisms employed to date in Kosovo to determine their effects within the country, and their broader international significance. Various critical issues are examined through an exploration of the institutional mechanisms employed in each case, their coherence with existing theories on "best practice" principles, and the broader implications of their efficacy in Kosovo. This book will be of much interest to students of transitional justice, statebuilding, Balkan politics, and International Relations in general.
Posted in:

International Criminal Law

Parties negotiating the end of authoritarian regimes or armed conflicts are almost inevitably left in a situation of legal uncertainty.

Author: Héctor Olásolo

Publisher: BRILL

ISBN: 9789004341005

Category: Law

Page: 252

View: 208

Download →

Parties negotiating the end of authoritarian regimes or armed conflicts are almost inevitably left in a situation of legal uncertainty. Despite their overlapping scope of application, the differences between the approaches of International Criminal Law (ICL) and Transitional Justice (TJ) are so profound that, unless dogmatisms are left aside and a process of dialogue is entered into, it will not be possible to harmonize the current legal regime of international crimes with the need to articulate transitional processes that are capable of effectively overcoming authoritarian regimes and armed conflicts. The serious material limitations shown by national, international and hybrid ICL enforcement mechanisms should be acknowledged and the goals pursued by ICL should be redefined accordingly. A minimum level of consensus on the scope of application, goals and elements of TJ should also be reached. Situations of systematic or large scale violence against the civilian population by transnational criminal organizations increase the challenge.
Posted in:

The Tokyo War Crimes Tribunal

Challenges the persistent orthodoxies of the Tokyo tribunal and provides a new framework for evaluating the trial, revealing its importance to international jurisprudence.

Author: David Cohen

Publisher: Cambridge University Press

ISBN: 9781107119703

Category: History

Page: 562

View: 265

Download →

Challenges the persistent orthodoxies of the Tokyo tribunal and provides a new framework for evaluating the trial, revealing its importance to international jurisprudence.
Posted in:

Globalizing Transitional Justice

Now, in Globalizing Transitional Justice, a collection of essays that spans the last decade, Teitel provides observations and insights on how the practice and discourse of transitional justice has been evolving, especially in relation to ...

Author: Ruti G. Teitel

Publisher: Oxford University Press

ISBN: 9780190221379

Category:

Page: 250

View: 390

Download →

Among the most prominent and significant political and legal developments since the end of the Cold War is the proliferation of mechanisms for addressing the complex challenges of transition from authoritarian rule to human rights-based democratic constitutionalism, particularly with regards to the demands for accountability in relation to conflicts and abuses of the past. Whether one thinks of the Middle East, South Africa, the Balkans, Latin America, or Cambodia, an extraordinary amount of knowledge has been gained and processes instituted through transitional justice. No longer a byproduct or afterthought, transitional justice is unquestionably the driver of political change. In Globalizing Transitional Justice, Ruti G. Teitel provides a collection of her own essays that embody her evolving reflections on the practice and discourse of transitional justice since her book Transitional Justice published back in 2000. In this new book, Teitel focuses on the ways in which transitional justice concepts have found legal expression, especially through human rights law and jurisprudence, and international criminal law. These essays shed light on some of the difficult choices encountered in the design of transitional justice: criminal trials vs. amnesties, or truth commissions; domestic or international processes; peace and reconciliation vs. accountability and punishment. Transitional justice is considered not only in relation to political events and legal developments, but also in relation to the broader social and cultural tendencies of our times.
Posted in:

International Trials and Reconciliation

This book investigates the relationship between criminal trials and reconciliation, through a particular focus on the International Criminal Tribunal for the former Yugoslavia (ICTY).

Author: Janine Natalya Clark

Publisher: Routledge

ISBN: 9781317974741

Category: Law

Page: 249

View: 776

Download →

Transitional justice is a burgeoning field of scholarly inquiry. Yet while the transitional justice literature is replete with claims about the benefits of criminal trials, too often these claims lack an empirical basis and hence remain unproven. While there has been much discussion about whether criminal trials can aid reconciliation, the extent to which they actually do so in practice remains under-explored. This book investigates the relationship between criminal trials and reconciliation, through a particular focus on the International Criminal Tribunal for the former Yugoslavia (ICTY). Using detailed empirical data – in the form of qualitative interviews and observations from five years of fieldwork – to assess and analyze the ICTY’s impact on reconciliation in Bosnia-Hercegovina, Croatia and Kosovo, International Trials and Reconciliation: Assessing the Impact of the International Criminal Tribunal for the former Yugoslavia argues that reconciliation is not a realistic aim for a criminal court. They are, Janine Clark argues, only one part of a rich tapestry of justice, which must also include non-retributive transitional justice processes and mechanisms. Challenging many of the common yet untested assumptions about the benefits of criminal trials, this innovative and extremely timely monograph will be invaluable for those with interests in the theory and practice of transitional justice.
Posted in: