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Countries emerging from long periods of authoritarian rule must often confront a legacy of gross human rights abuses perpetrated over many years. During the past two decades, these age-old issues have been termed 'problems of transitional justice', both by academics and policy makers around the world. Given the frequency with which these problems arise, as well as the complexity of the issues involved, it is striking that no book series has taken the issue of transitional justice as its point of focus. <br><br>The Series on Transitional Justice offers a platform for high-quality research within the rapidly growing field of transitional justice. This research is, of necessity, inter-disciplinary in nature, drawing from disciplines such as law, political science, history, sociology, criminology, anthropology and psychology, as well as from various specialised fields of study such as human rights, victimology and peace studies. It is furthermore international in outlook, drawing on the knowledge and experience of academics and other specialists in many different regions of the world.<br><br>The series is aimed at a variety of audiences who are either working or interested in fields such as crime and justice; human rights; humanitarian law and human security; conflict resolution and peace building. These audiences may include academics, researchers, students, policy makers, practitioners, non-governmental organisations and the media.
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The recruitment and operations of child soldiers have been hitting the headlines in politics and the media for many years. However, a much broader circle of children is affected by armed conflicts. Hence, the many challenges to deal with youth affected by armed conflict exceed by far the issue of the recruitment and demobilisation of child soldiers, but also extend to questions of rehabilitation, reintegration and reconciliation processes of all children and youths. In stark contrast to the complex reality of armed conflict and the involvement of children therein, academic work thus far has taken a rather narrow view on the matter. International children's rights law has mostly focused on age limits for the recruitment of children and international criminal law has dealt with the prosecution and punishment of child recruiters. The disciplines of psychology and pedagogical sciences have merely emphasised the effects of and recovery from traumatic exposure by individuals, with some attempts for a more psychosocial perspective. Finally, studies in the field of transitional justice have paid remarkably little attention, until very recently, to the role of children in transitional justice mechanisms, both as victims and offenders. This book brings together for the first time a wide range of leading scholars from three disciplinary perspectives (children's rights, psychosocial studies and transitional justice). It aims at enhancing a multidisciplinary and comprehensive approach to the rehabilitation, reintegration and reconciliation processes of children and adolescents affected by armed conflict. The 22 chapters are specifically written for this volume and deal with theoretical perspectives, empirical findings and country reports. The book also contains prefaces from two distinguished academics and policy makers in the field of international children's rights. It will therefore not only be of interest to academics, but also to policy makers, practitioners, non-governmental organisations, the media, and every citizen interested. 'All chapters of the work are powerful and immensely knowledgeable and helpful. The book is a compressive work on the subject which should be recommended to academic researchers as well as layman.' Farhad Malekian, distinguished Visiting Professor of International Criminal Law and Justice and Director of the Institute of International Criminal Law, Uppsala, Sweden, in Criminal Law Forum (2015) 26
In the last twenty years, the field of transitional justice has gone from being a peripheral concern to an ubiquitous feature of societies recovering from mass conflict or repressive rule. In both policy and scholarly realms, transitional justice has proliferated rapidly, with ever-increasing variety in terms of practical processes and analytical approaches. The sprawl of transitional justice, however, has not always produced concepts and practices that are theoretically sound and grounded in the empirical realities of the societies in question. Critical Perspectives in Transitional Justice takes stock of this burgeoning field and, in gathering the views of scholars and practitioners from a wide range of national and methodological backgrounds, explores four key concerns with current trends in transitional justice: the under-theorisation of the field, its disconnect from core academic disciplines, its tendency towards advocacy rather than analysis, and its emphasis on technical institutional responses without clear articulations of their objectives. This vital book - edited by Oxford Transitional Justice Research - is designed to deepen theoretical and empirical discussions within transitional justice by providing critical perspectives on common concepts, issues, methodologies, institutions and mechanisms. Its purpose is to clarify key terms, challenge core assumptions and highlight important tensions, inconsistencies and disagreements in the field with the ultimate aim of harnessing the enormous energy of transitional justice for more fruitful ends. The breadth of debates in this volume highlights the scope, inclusiveness and ambition of this field but also underscores that - despite its geographical, conceptual and disciplinary expanse - consistent questions arise regarding contextually appropriate objectives, the balance between individual and collective needs and interests, and securing the legitimacy of transitional processes among those affected by past violations.
There seems to be a pervasive trend towards public apologies, forms of national introspection and appeals to grant forgiveness. Archbishop Tutu’s motto that 'there is no future without forgiveness' is well known. The South African Truth and Reconciliation Commission has become an important model and source of inspiration for many other countries that want to deal with their past grievances and internal conflicts. This book discusses the role of forgiveness within processes of peace building and transitional justice. Does ‘forgiveness’ enable a public or political use of the term? Is it possible to forgive on behalf of others, and if so, under what conditions? These conceptual questions are related to reflections on the cultural and religious contexts of expressing forgiveness. Do forgiving words promote a willingness to look ahead and prevent a relapse into conflicting views on the poisonous past? Or do they bring along aversion? Maybe the ‘push’ towards forgiveness is experienced as highly unfair.
'Transitional Justice initiatives have long been criticized for an allegedly narrow focus on gross and consistent violations of fundamental civil and political rights and not enough attention to abuse of economic, social and cultural rights. But the problem is not whether but how to apply truth, justice, reparations and institutional reform to fundamental – and often ancestral – inequalities in each transitional society. This volume contributes thoughtful and rigorous research to that fundamental question. It constitutes a challenge to the way transitional justice is executed in our time, but also a tribute to the power of the idea that there are indeed concrete and practical means to realize the idea of justice in societies emerging from conflict.'
Making the Transition provides an analysis of processes of reform, reconstruction and restructuring in the criminal justice field in Bosnia and Herzegovina in the years since it completed a violent secession from the Socialist Federal Republic of Yugoslavia (SFRY). Across the three sectors of policing, courts and prisons, the work details the challenges facing Bosnia and Herzegovina and explores a range of internationally-sponsored reform initiatives. These three sectors are often examined independently of each other, but by analysing their development side by side Making the Transition is able to determine common challenges while establishing different logics and methods of international intervention. The book reflects the author's education in a number of disciplines (politics, history, criminology) and is a useful addition to the bookshelf of those with an interest in the mechanics of state-building and in the reconstruction of post-conflict states. About this book: 'Andy Aitchison succeeds in making a book that is big in insight out of what to many might seem like a small topic - the transformation (or not) of the criminal justice systems in Bosnia and Herzegovina since the dissolution of Yugoslavia. He writes with clarity and nuance about these changes in the context of more general themes of transitional justice in Europe and Southern Africa, and this superb historically, politically and theoretically informed book should be read by all those with an interest in the challenges and pitfalls of efforts to reform policing, court and prison processes.' Professor Mike Levi, Cardiff University 'The depth and breadth of Aitchison's sources are two of the book's greatest strengths, providing a broad but nuanced view of the social, economic, and political situation surrounding the reforms. [M]aking the Transition provides a wonderfully detailed description of the post-conflict criminal justice system of BiH. While the book may run short on analysis, it is highly useful providing a snapshot of a transitional justice system based on a vast amount of information, including first hand descriptions of observers and practitioners. As such, it serves as an important building block for those seeking to construct a geographically wide-ranging understanding of the issues and challenges involved in state-building and criminal justice reform in a post-conflict, post-authoritarian society.' Madalyn Wasilczuk in Journal of International Law and Politics, 2012, 1000 'Aitchison has written a well-researched and readable book that will be a useful source for scholars of Bi Hand criminal justice reform more broadly. [...] And he judiciously describes the different motivations of reforming agencies [...] As evidenced by the continuing central role of the justice sector in BiH politics this book [...] is highly relevant.' Valery Perry in Security and Human Rights 2012, 75 'Since the book gives a concise introduction to the historical context and important concepts and terms, it is not only for experts in the field of criminal law reform and reconstruction of states, rather it is also suitable also for readers who have not extensively dealt with these themes before' Eva Dinchel in Polizei Newsletter 2014 About the author Since 2006, Andy Aitchison has lectured at the University of Edinburgh School of Social and Political Science, where he now co-directs the MSc programme in Global Crime, Justice and Security. He holds degrees from the University of Edinburgh and Cardiff University and has previously worked as a researcher for the UK Home Office and Cardiff University. His research interests focus on international participation in criminal justice reform in post-conflict environments and on the participation of police in war crimes.
The European Convention on Human Rights was drafted in the wake of World War II. The dark shadows of war have never fully receded from Europe however. Armed conflict has resurged time and again, from Northern Ireland to Cyprus and Turkey, and from the former Yugoslavia to the Caucasus. This book focuses on the margins of conflict: human rights aspects of transitions from peace to armed conflict and vice versa. Firstly, it seeks to explore what limits human rights put on European societies which are on the brink of armed conflict. Secondly, it surveys the consequences of human rights violations committed during the armed conflict by looking at the aftermath of war. In a stimulating way, experts in their field offer food for thought on a broad range of material and especially procedural issues such as the territorial scope of the Convention, states of emergency, freedom of expression and conflict escalation, obligations relating to enforced disappearances, interim measures, and pilot judgments. Taken together, they reflect both the potential and limitations of human rights in the run-up to conflicts and their aftermath.
Stones Left Unturned looks at the post-colonial history of Burundi through transitional justice lenses. It describes how repeated cycles of politico-ethnic violence as well as the so-called ‘remedial’ action undertaken in their aftermath have been inspired by the desire to maintain or obtain political power. Throughout Burundi’s negotiated transition from conflict to peace, dealing with the past has been a constant matter of attention. The book zooms in on the gap between the rhetorical commitment by domestic and international actors to establish a truth and reconciliation commission and a special tribunal and the little achievements made so far. The historical account of transitional justice in Burundi is indicative of a fundamental evolution in the conception of law and how it relates to the exercise of political authority. It reveals a growing awareness that neither the process nor the outcome of transitional justice should solely be left to the discretion of the incumbent regime, but that international and constitutional norms impose substantive and procedural barriers.
The 1991–2002 war in Sierra Leone was infamous for mass amputations, widespread sexual violence, and forced recruitment of children into rebel forces. It was not an ethnic war, but one that tore families and communities apart in ways that could not be sustained in peacetime. After the war, the Sierra Leone government and civil society organizations encouraged combatants to return home and communities to accept them, even when the combatants, or forces they were associated with, had committed horrendous crimes in those very villages. This book describes how excombatants and civilian survivors in Sierra Leone struggled to reconcile and build trust in their communities a year after the war ended. It explores the contribution of the Sierra Leone Truth and Reconciliation Commission to reconciliation and justice, and questions whether reconciliation is always a good thing. And it examines how the seemingly nebulous concept of reconciliation can be understood so that the term is useful for peacebuilding and consistent with justice. Finally the author argues that Sierra Leone has much to teach peacebuilders in societies emerging from intra-communal violence and much to contribute to comparative analyses of post-conflict transitions.
Human history is replete with examples of widespread and gross violations of human rights, which continue to be perpetrated in the present day. Sadly, however, only a tiny fraction of the millions of people whose lives have been shattered by torture, rape, the murder of loved ones, or other forms of gross abuse, may hope to receive any meaningful form of reparation. The aim of this book is to stimulate debate on the issue of reparations, in the hope that it will lead to increased visibility for the many deserving groups striving for some form of meaningful recognition or recompense for past injustices visited upon them. The book is eclectic in nature, being made up of contributions by a range of outstanding academics and practitioners from around the world. The international nature and diverse focus of the work result in a fascinating snapshot of this growing field. It will be of interest both to academics and practitioners who are specialists in the field of reparations, as well as to almost anyone who is interested in the field of human rights generally.