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Transitional Justice

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Full-Text Articles in Political Science

Human Rights? What A Good Idea! From Universal Jurisdiction To Crime Prevention, Daniel Feierstein Dec 2019

Human Rights? What A Good Idea! From Universal Jurisdiction To Crime Prevention, Daniel Feierstein

Genocide Studies and Prevention: An International Journal

Over the last decades, Genocide Studies has entered in a “comfort zone.” With fellowships and support from governments or NGOs, we have developed a very comfortable environment in which the knowledge we produce about genocide prevention is neither critical nor useful. We have become trapped by assumptions we have never checked against reality and many of us have chosen to work inside the circle of those assumptions: genocide and mass violence are horrible acts committed by horrible people; we cannot stand by and do nothing; we have the responsibility to protect civilian populations and that responsibility takes the form, as ...


On The Need For Human Rights To Constitute Structural Change: Lessons For Colombia From The Arab Spring’S Failures, Anthony Chase Oct 2019

On The Need For Human Rights To Constitute Structural Change: Lessons For Colombia From The Arab Spring’S Failures, Anthony Chase

Conference: The Social Practice of Human Rights

Transitional processes have nowhere failed as spectacularly than in the wake of the Arab Spring's "revolutions." Contrary to popular expectations, these revolutions gave way to counter-revolutions rather than transitions to democracy and pluralistic politics. This article argues that, by settling for transitions to mere formal democracies, an opportunity was lost to engage in necessary structural change. While understandable that transitional processes shied away from addressing controversial issues -- including how to translate diversity in religious, gender, sexual, and ideological domains into the foundation of new political communities -- not doing so was a fatal error as it left untouched preexisting structures ...


Frictions In Transitional Justice Processes: Colombia's Victims Law, Integral Reparation And The Temporality Of Multiple Victimization In Displaced Women, Sophie Rähme May 2018

Frictions In Transitional Justice Processes: Colombia's Victims Law, Integral Reparation And The Temporality Of Multiple Victimization In Displaced Women, Sophie Rähme

Gobernar: The Journal of Latin American Public Policy and Governance

This article addresses the challenges that integral reparation programs meet when aiming to respond to multiple victimization experienced by displaced women. By adopting the ethnographic concept of “frictions” (Tsing, 2005), I analyze four dimensions of discursive frictions that occur surrounding reparative practice backed by the Law on Victims and Land Restitution and its multiple local encounters and dis-encounters when compensating multiple victimization in the post-conflict of Medellín. Like other studies have identified shortcomings of the idealistic and innovative Colombian reparation program, it becomes evident that the integral reparation efforts fall short in addressing the real complexity of interrelated and multiples ...


Shaming The Truth: Naming And Shaming And Transitional Justice, Christopher F. Patane, Marc S. Polizzi Nov 2017

Shaming The Truth: Naming And Shaming And Transitional Justice, Christopher F. Patane, Marc S. Polizzi

Conference: The Social Practice of Human Rights

While it is generally recognized that “naming and shaming” carried out by transnational human rights actors can lead to an improvement in aggregate conditions, it is less clear whether this strategy influences more specific behavior. As more states are democratizing, the international community has stepped up efforts at transitional justice to promote accountability and reconciliation. What is unclear is whether this promotion has been positive or negative for the pursuit of transitional justice broadly or if the community prioritizes some mechanisms over others.

In this paper, we examine the role that human rights advocacy plays in the onset of transitional ...


Understanding Truth: How Commissioners Influence The Final Report Of A Truth Commission, Christine Bianco Nov 2017

Understanding Truth: How Commissioners Influence The Final Report Of A Truth Commission, Christine Bianco

Conference: The Social Practice of Human Rights

Ensuring a future of human rights means coming to terms with past violations of human rights. This both recognizes human rights as an important position in the policy of the state and helps to end a system of impunity against such actions, even if it is done symbolically. One of the major mechanisms that states have used to address their past has been truth commissions. The strength of truth commissions lies in their ability to bring to light the voices of the victims as well as their ability to criticize those who have committed human rights abuses.

In order to ...


Gender, Displacement And Transitional Justice, Sinead Mcgrath Nov 2017

Gender, Displacement And Transitional Justice, Sinead Mcgrath

Conference: The Social Practice of Human Rights

In the past fifteen years, there has been huge emphasis on the need for gendered mechanisms dealing with both forced migration and peacebuilding. The UN landmark resolution on Women, Peace and Security (S/RES/1325) and the gender-mainstreaming of the 1951 Refugee Convention have urged all actors to increase the participation of women in peacebuilding and their protection in instances of displacement. An underdeveloped link between these issues has not been addressed by the academic community, particularly when looking at societies in transition and the relationship of displaced women to international migration organisations in the context of transitional justice. This ...


Elusive Peace, Security, And Justice In Post-Conflict Guatemala: An Exploration Of Transitional Justice And The International Commission Against Impunity In Guatemala (Cicig), Daniel W. Schloss Aug 2015

Elusive Peace, Security, And Justice In Post-Conflict Guatemala: An Exploration Of Transitional Justice And The International Commission Against Impunity In Guatemala (Cicig), Daniel W. Schloss

Electronic Thesis and Dissertation Repository

Guatemala has, until today, struggled to achieve security and justice following the end of nearly half a century of civil war in 1996. One specific institution, the International Commission Against Impunity in Guatemala (CICIG), has been implemented to rectify many of the Guatemalan state’s difficulties in establishing and maintaining the rule of law. In this thesis, I look to better explain CICIG’s role in Guatemala relative to security and justice in a post-conflict setting: I define CICIG as an institution potentially capable of building societal trust, and I explain how the inclusion of procedural justice within transitional justice ...


Transitional Justice In Sri Lanka: Rethinking Post-War Diaspora Advocacy For Accountability, Mytili Bala May 2015

Transitional Justice In Sri Lanka: Rethinking Post-War Diaspora Advocacy For Accountability, Mytili Bala

International Human Rights Law Journal

Sri Lanka’s 26-year civil war against the Liberation Tigers of Tamil Eelam came to a bloody end in May 2009, amidst allegations of war crimes and crimes against humanity on both sides. Since then, Tamils in the diaspora, long accused of funding the war, have become vocal proponents for war crimes accountability. Some might label certain forms of diaspora advocacy as “lawfare” or “long-distance nationalism.” However, these labels fail to account for the complex memories and identities that shape diaspora advocacy for accountability today. In order for Sri Lanka to move forward from decades of conflict, transitional justice mechanisms ...


The International Criminal Court In Crisis: Is Local Outreach The Route To Stability?, Taylor J. Kilpatrick May 2015

The International Criminal Court In Crisis: Is Local Outreach The Route To Stability?, Taylor J. Kilpatrick

Undergraduate Honors Theses

The International Criminal Court is at the forefront of the international transitional justice realm today. Despite its omnipresence, there is a seemingly ceaseless succession of arguments against the Court. As this disapproval abounds, it effectively obscures the specific issues at hand. The strain on the interaction between global and local levels of justice within the scope of the ICC arguably underscores the entire crisis situation. More specifically, there is a seemingly unbridgeable distance, both physical and cultural, between the entity of the ICC and the local communities it purportedly serves. This paper seeks to address the absence of local narratives ...


Tackling The Question Of Legitimacy In Transitional Justice: Steve Biko And The Post-Apartheid Reconciliation Process In South Africa, Kaley L. Martin Jan 2015

Tackling The Question Of Legitimacy In Transitional Justice: Steve Biko And The Post-Apartheid Reconciliation Process In South Africa, Kaley L. Martin

CUREJ - College Undergraduate Research Electronic Journal

This thesis seeks to determine and understand the impact of the Steve Biko case on the effectiveness of the post-apartheid reconciliation process in South Africa. The Biko case in an example of a highly visible challenge to the South African government’s chosen method of post-apartheid reconciliation, as Biko’s own family did not believe in the process and fought elements of it from its inception.

Steve Biko was a noted anti-apartheid activist who founded the Black Consciousness movement, which advocated for black South Africans to be proud of their blackness. Biko died mysteriously and suddenly in police custody in ...


Theorizing 'Transitional Justice', David Anton Hoogenboom Jan 2014

Theorizing 'Transitional Justice', David Anton Hoogenboom

Electronic Thesis and Dissertation Repository

Early literature in the field of transitional justice was dominated by debates over the meaning of justice, with retributivists arguing for the need for criminal prosecutions following mass human rights violations and advocates of restorative justice claiming that non-prosecutorial forms of justice like truth-telling are better suited for post-conflict societies. This debate was eventually settled, at least in the field, by a belief that post-conflict societies require both criminal prosecutions and truth-telling. More recently, the debate over justice has centred on the question of whether the field and practice of transitional justice has prioritized civil and political rights over economic ...


Reconciliation And The Rule Of Law: The Changing Role Of International War Crimes Tribunals, Oriana Lavilla Jan 2014

Reconciliation And The Rule Of Law: The Changing Role Of International War Crimes Tribunals, Oriana Lavilla

Claremont-UC Undergraduate Research Conference on the European Union

This paper explores the relationship between international war crimes tribunals and reconciliation in post-conflict societies. The aim of the present study was to examine how the role of international war crimes tribunals has changed in the peacebuilding process since the early years after World War II. Due to the evolving nature of international law and the international criminal legal system, international tribunals have become increasingly recognized as an integral component of peacebuilding in post-conflict societies. The International Criminal Tribunal for the former Yugoslavia (ICTY) was the first international tribunal with a mandate to contribute to international peace and security. The ...


Reconciliation And The Rule Of Law: The Changing Role Of International War Crimes Tribunals, Oriana H D Lavilla Jan 2014

Reconciliation And The Rule Of Law: The Changing Role Of International War Crimes Tribunals, Oriana H D Lavilla

Scripps Senior Theses

This thesis explores the relationship between international war crimes tribunals and peacebuilding in post-conflict societies. The aim of the present study was to examine how the role and function of international tribunals has changed since the establishment of the Nuremberg tribunal in the early years after World War II. Due to the evolving nature of international law and the international criminal legal system, international tribunals have become increasingly recognized as an integral component of peacebuilding processes in the aftermath of conflict. As the first international tribunal mandated to restore international peace and security, the International Criminal Tribunal for the former ...


Explaining Prolonged Silences In Transitional Justice: The Disappeared In Cyprus And Spain, Iosif Kovras Jun 2013

Explaining Prolonged Silences In Transitional Justice: The Disappeared In Cyprus And Spain, Iosif Kovras

Iosif Kovras

The article examines why some postconflict societies defer the recovery of those who forcibly disappeared as a result of political violence, even after a fully fledged democratic regime is consolidated. The prolonged silences in Cyprus and Spain contradict the experience of other countries such as Bosnia, Guatemala, and South Africa, where truth recovery for disappeared or missing persons was a central element of the transition to peace and democracy. Exhumations of mass graves containing the victims from the two periods of violence in Cyprus (1963–1974) and the Spanish Civil War (1936–1939) was delayed up until the early 2000s ...


Memory And Truth In Human Rights: The Argentina Case. The Issue Of Truth And Memory In The Aftermath Of Gross Human Rights Violations In Argentina., Andres Delgado Feb 2013

Memory And Truth In Human Rights: The Argentina Case. The Issue Of Truth And Memory In The Aftermath Of Gross Human Rights Violations In Argentina., Andres Delgado

Graduate Theses and Dissertations

This thesis focuses on the importance of truth and memory in the process of transitional justice, within the context of the aftermath of gross violations of human rights that occurred during the military dictatorship of 1976 to 1983 in Argentina. The military junta that ruled Argentina took power under the pretext of national security, arguing that an enemy threatened to destabilize and destroy Argentine society. During the period of the military dictatorship an estimated 30,000 people "disappeared"; relatives of those disappeared mobilized and formed human rights organizations to confront the military regime for its abuses. Once the dictatorship collapsed ...


Delinkage Processes And Grassroots Movements In Transitional Justice, Iosif Kovras Jan 2012

Delinkage Processes And Grassroots Movements In Transitional Justice, Iosif Kovras

Iosif Kovras

Transitional justice literature has highlighted a negative relationship between enforced disappearances and reconciliation in post-conflict settings. Little attention has been paid to how human rights issues can become stepping-stones to reconciliation. The article explains the transformation of the Cypriot Committee on Missing Persons (CMP) from an inoperative body into a successful humanitarian forum, paving the way for the pro-rapprochement bi-communal grassroots mobilization of the relatives of the missing. By juxtaposing the experience of Cyprus with other societies confronting similar problems, the article shows how the issue of the missing can become a driving force for reconciliation. The findings indicate that ...


Non-Apologies And Prolonged Silences In Post-Conflict Settings: The Case Of Post-Colonial Cyprus, Kathleen Ireton, Iosif Kovras Jan 2012

Non-Apologies And Prolonged Silences In Post-Conflict Settings: The Case Of Post-Colonial Cyprus, Kathleen Ireton, Iosif Kovras

Iosif Kovras

Despite the growing use of apologies in post-conflict settings, cases of non-apology remain unaddressed and continue to puzzle scholars. This article focuses on the absence of apology by non-state and anti-state actors by examining the case of the Cypriot armed group EOKA, which has refused to offer an apology to the civilian victims of its ‘anti-colonial’ struggle (1955–1959). Using field data and parliamentary debates, and drawing on comparisons, this article analyses the factors that contributed to a lack of apology. It is argued that the inherited timelessness of Greek nationalism, and the impression of a perpetual need for defence ...


Rethinking Justice In Transitional Justice: An Examination Of The Mãori Conception And Customary Mechanism Of Justice, Stephanie Vieille Nov 2011

Rethinking Justice In Transitional Justice: An Examination Of The Mãori Conception And Customary Mechanism Of Justice, Stephanie Vieille

Electronic Thesis and Dissertation Repository

As a relatively young field of academic inquiry, the transitional justice scholarship presents some important difficulties, not least of which is its lack of critical evaluation of the approaches to justice it adopts and promotes. This research argues that the framework used in the transitional justice scholarship is ill-suited to account for, and to think about, the philosophy of justice embodied in customary mechanisms of justice. It explains that the type of “justice” embodied in customary mechanisms of justice is difficult to appreciate by using the retributive, reparative, and the restorative approaches. These Western, individualistic and legally based approaches are ...


Delaying Truth Recovery For Missing Persons, Iosif Kovras, Neophytos G. Loizides Jan 2011

Delaying Truth Recovery For Missing Persons, Iosif Kovras, Neophytos G. Loizides

Iosif Kovras

The fate of missing persons is a central issue in post-conflict societies facing truth recovery and human rights dilemmas. Despite widespread public sympathy towards relatives, societies emerging from conflict often defer the recovery of missing for decades. More paradoxically, in post-1974 Cyprus, the official authorities delayed unilateral exhumations of victims buried within cemeteries in their own jurisdiction. Analysis of official post-1974 discourse reveals a Greek-Cypriot consensus to emphasise the issue as one of Turkish aggression, thus downplaying in-group responsibilities and the legacy of intra-communal violence. We compare the experience of Cyprus with other post-conflict societies such as Spain, Northern Ireland ...


From Truth To Justice: How Does Amnesty Factor In? A Comparative Analysis Of South Africa And Sierra Leone's Truth And Reconciliation Commissions, Rachel W. Smith May 2010

From Truth To Justice: How Does Amnesty Factor In? A Comparative Analysis Of South Africa And Sierra Leone's Truth And Reconciliation Commissions, Rachel W. Smith

Honors Scholar Theses

Truth and Reconciliation Commissions (TRC) have emerged in the last few decades as a mechanism for a state to overcome widespread, grave, human rights violations. There are numerous approaches to a TRC all with an ultimate goal: that formerly warring factions, perpetrators, witnesses, and victims can move forward as a united people. I propose that the provision of amnesty is critical to the success of a TRC. I hypothesize that the form of amnesty chosen (i.e. blanket v. conditional amnesty) determines the revelation of truth and realization of justice, which in turn dictates whether a TRC can achieve reconciliation ...