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Transitional Justice in the Twenty-First Century

Transitional Justice in the Twenty-First Century
Beyond Truth versus Justice

Naomi Roht-Arriaza, William A. Schabas, Sigall Horovitz, Eduardo Gonzales Cueva, Marieclaire Acosta, Esa Ennelin, Maria José Guembe, Helena Olea, Caitlin Reiger, Patrick Burgess, Timothy Longman, Eric Stover, Hanny Megally, Hania Mufti, Patricia Gossman, Reed Brody, Kathryn Sikkink, Carrie Booth Walling, Ellen Lutz
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  • Date Published: September 2006
  • availability: Available
  • format: Paperback
  • isbn: 9780521677509

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About the Authors
  • Dealing with the aftermath of civil conflict or the fall of a repressive government continues to trouble countries throughout the world. Whereas much of the 1990s was occupied with debates concerning the relative merits of criminal prosecutions and truth commissions, by the end of the decade a consensus emerged that this either/or approach was inappropriate and unnecessary. A second generation of transitional justice experiences have stressed both truth and justice and recognize that a single method may inadequately serve societies rebuilding after conflict or dictatorship. Based on studies in ten countries, this book analyzes how some combine multiple institutions, others experiment with community-level initiatives that draw on traditional law and culture, whilst others combine internal actions with transnational or international ones. The authors argue that transitional justice efforts must also consider the challenges to legitimacy and local ownership emerging after external military intervention or occupation.

    • Specialists from different disciplines use extensive interviews and surveys to analyze actual experiences beyond formal academic descriptions
    • Deals with a wide geographical range of countries including Afghanistan, Iraq, Mexico, Rwanda and Sierra Leone
    • Introductory and concluding chapters trace the theory of transitional justice and evaluate the lessons learned as well as providing suggestions for research and policy
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    Reviews & endorsements

    '… a collection of contemporary case studies that reflect recent developments in the political and conceptual bases of transitional justice. The collection is appealing on a number of levels. It is attractively presented, accessible and in tune with key developments of the field. … It is particularly valuable that the editors have averted their focus from the well trodden path of international criminal justice … The contributions instead address less-commonly acknowledged challenges, such as institutional sequencing, demobilization and reintegration of combatants … I have referred to this book repeatedly in the few weeks it has been sitting on my desk. It is an informative and extremely convenient presentation of transitional justice 'snapshots' … a worthwhile investment for students and practitioners alike.' Sociology

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    Product details

    • Date Published: September 2006
    • format: Paperback
    • isbn: 9780521677509
    • length: 360 pages
    • dimensions: 225 x 156 x 23 mm
    • weight: 0.59kg
    • availability: Available
  • Table of Contents

    List of contributors
    Acknowledgements
    The new landscape of transitional justice Naomi Roht-Arriaza
    Part I. Truth, Justice and Multiple Institutions: Introduction to Part I Naomi Roht-Arriaza
    1. The Sierra Leone truth and reconciliation commission William A. Schabas
    2. Transitional criminal justice in Sierra Leone Sigall Horovitz
    3. The Peruvian truth and reconciliation commission and the challenge of impunity Eduardo Gonzales Cueva
    4. The 'Mexican solution' to transitional justice Marieclaire Acosta and Esa Ennelin
    5. No justice, no peace: discussion of a legal framework regarding the demobilization of non-state armed groups in Colombia Maria José Guembe and Helena Olea
    6. Hybrid attempts at accountability for serious crimes in Timor Leste Caitlin Reiger
    Part II. Levels of Justice: Local, National and International: Introduction to Part II Naomi Roht-Arriaza
    7. A new approach to restorative justice - East Timor's community reconciliation processes Patrick Burgess
    8. Justice at the grassroots? Gacaca trials in Rwanda Timothy Longman
    9. Bremer's 'Gordian knot': transitional justice and the US occupation of Iraq Eric Stover, Hanny Megally and Hania Mufti
    10. Truth, justice and stability in Afghanistan Patricia Gossman
    11. The prosecution of Hissène Habré: international accountability, national impunity Reed Brody
    12. Argentina's contribution to global trends in transitional justice Kathryn Sikkink and Carrie Booth Walling
    13. Transitional justice: lessons learned and the road ahead Ellen Lutz
    Index.

  • Instructors have used or reviewed this title for the following courses

    • Social Problems
  • Editors

    Naomi Roht-Arriaza, University of California, San Francisco
    Naomi Roht-Arriaza is Professor of Law at the University of California, Hastings College of the Law. She is the author of The Pinochet Effect: Transnational Justice in the Age of Human Rights (2005) and Impunity and Human Rights in International Law and Practice (1995).

    Javier Mariezcurrena, Inter-American Court of Human Rights, Costa Rica
    Javier Mariezcurrena is a Legal Advisor to the Federal Secretary for Human Rights in Argentina and former Transitional Justice Project Manager at the Center for Civil and Human Rights, University of Notre Dame. He is the co-editor of Inter-American System of Human Rights and Freedom of Expression in Paraguay (2002), Truth and Justice, Homage to Emilio F. Mignone (2001) and Basic Studies on Human Rights, Vol. X (2000).

    Contributors

    Naomi Roht-Arriaza, William A. Schabas, Sigall Horovitz, Eduardo Gonzales Cueva, Marieclaire Acosta, Esa Ennelin, Maria José Guembe, Helena Olea, Caitlin Reiger, Patrick Burgess, Timothy Longman, Eric Stover, Hanny Megally, Hania Mufti, Patricia Gossman, Reed Brody, Kathryn Sikkink, Carrie Booth Walling, Ellen Lutz

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