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States that are in transition after a violent conflict or an authoritarian past face daunting challenges in (re)establishing the rule of law. This volume examines in detail attempts that were made in certain significant post-conflict or post-authoritarian situations to strengthen the domestic rule of law with the aid of international law. Attention is paid in particular to the empowerment of domestic courts in such situations. International law may serve these courts as a tool for reconciling the demands for new rights and responsibilities with due process and other rule of law requirements. The volume contains case studies of the role of domestic courts in various post-conflict and transitional situations (Balkans, Iraq, Afghanistan, Nepal, East Timor, Russia, South Africa, and Rwanda). Each of these case studies seeks to answer questions relating to the exact constitutional moment empowering domestic courts to apply international law, the range of international legal norms that are applied, the involvement of international actors in bringing about change, the contextualization of international legal norms in states in transition, tension within such states as a result of the application of international law, and the legacy of domestic courts' empowerment in terms of durable rule of law entrenchment.
International law --- Theory of the state --- Iraq --- Russian Federation --- Nepal --- Rwanda --- East-Timor --- South Africa --- Balkan Peninsula --- Afghanistan --- Droit international --- Internationaal recht --- Justice transactionnelle --- Justice transitionnelle --- Overgang rechtvaardigheid --- Overgangsrechtvaardigheid --- Transitional justice --- International law. --- Transitional justice. --- Russia --- Droit des gens --- Justice --- Human rights --- Law of nations --- Nations, Law of --- Public international law --- Law --- Fédération de Russie --- Afrique du Sud --- Népal --- Bosnie-Herzégovine --- Serbie --- b Timor-Leste --- Règle de droit --- Justice et guerre --- Reconstruction de l'Etat --- Droits de l'homme --- Médiation pénale --- Réparations des crimes de l'histoire --- Victimes --- Juridictions nationales --- Protection, assistance, etc.
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In a political climate that holds limited promise for addressing the issue of child recruitment, Child Soldiers and Transitional Justice: Protecting the Rights of Children Involved in Armed Conflicts challenges the trend towards a narrow focus on recruitment and use of the child, and seeks to contribute to more effective prevention and responses that offer the child a chance of recovery, reconciliation and reintegration. This book adapts existing theoretical frameworks of transitional justice in order to analyse child recruitment, with a view to demonstrating how a society can address the issue in a holistic way. It systematises relevant knowledge across a wide range of legal fields to allow for greater understanding of the law and principles, and a more informed basis for practical engagement with transitional justice mechanisms.Delving deep into the travaux préparatoires of each of the fundamental legal instruments, the author analyses their evolution, spanning humanitarian law, human rights law, criminal law, and other aspects of public law, including peace agreements and action plans developed with armed groups and forces. He provides a particular focus on and in-depth analysis of the Lubanga case, and its implications for other components of transitional justice. The findings highlight arguments for placing child recruitment firmly on the transitional justice agenda. By considering child recruitment against a transitional justice framework, the book allows a detailed understanding of the distinct but complementary components - rule of law, criminal justice, historical justice, reparatory justice, institutional justice, and participatory justice - and reveals the untapped potential in interactions between different areas of transitional justice.About the authorBo Viktor Nylund is a protection and legal practitioner who has focused on state and non-state actor responsibility and accountability throughout his career. Bo Viktor has Masters degrees in law and political science from Columbia University Law School and Abo Akademi University and a PhD in international law from the Geneva Graduate Institute for International Studies. He has served UNHCR, UNICEF and OHCHR and is currently UNICEF's Representative in Burundi.
Human rights --- Criminal law. Criminal procedure --- Law of armed conflicts. Humanitarian law --- Polemology --- Child soldiers [international law ] --- Children and war --- Enfants et la guerre --- Enfants-soldats [Loi international ] --- Justice transactionnelle --- Justice transitionnelle --- Kinderen en oorlog --- Kindsoldaten [Internationaal recht ] --- Overgang rechtvaardigheid --- Overgangsrechtvaardigheid --- Transitional justice --- Child soldiers (international law) --- Child soldiers --- Enfants soldats --- Enfants et guerre --- Legal status, law, etc --- Statut juridique --- Legal status, laws, etc. --- Enfants et guerre. --- Justice transitionnelle. --- Statut juridique. --- Child soldiers (International law) --- Children and war. --- Transitional justice. --- Justice --- War and children --- War --- Boys as soldiers --- Children as soldiers --- Soldiers --- International law
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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.
Human rights --- Law of armed conflicts. Humanitarian law --- Peace-building --- Minorities --- Culture and law --- Social rights --- War (International law) --- Consolidation de la paix --- Droits de l'homme (Droit international) --- Minorités --- Culture et droit --- Droits économiques et sociaux --- Guerre (Droit international) --- Civil rights --- Droits --- Transitional justice --- Human Rights --- Reconciliation --- Human rights. --- Reconciliation. --- Transitional justice. --- Basic rights --- Civil rights (International law) --- Direitos humanos --- Droits de l'Homme --- Droits de la personne --- Droits fondamentaux --- Droits individuels --- Grondrechten --- Justice transactionnelle --- Justice transitionnelle --- Libertés publiques --- Menschenrechte --- Mensenrechten --- Overgang rechtvaardigheid --- Overgangsrechtvaardigheid --- Peacemaking --- Rechten van de mens --- Rights [Human ] --- Rights of man --- Réconciliation --- Verzoening --- Minorités --- Droits économiques et sociaux --- Justice --- Peace making --- Reconciliatory behavior --- Quarreling --- Rights, Human --- Human security --- Truth commissions --- Law and legislation --- Justice réparatrice --- Maintien de la paix --- Reconstruction d'après-guerre --- Transition démocratique
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Law of armed conflicts. Humanitarian law --- Theory of the state --- Construction de l'État --- Droit [Etat de ] --- Droit [Primauté du ] --- Etat de droit --- Heerschappij van het recht --- Hervorming van de Staat --- Justice transactionnelle --- Justice transitionnelle --- Law [Rule of ] --- Law [Supremacy of law ] --- Nation-building --- Overgang rechtvaardigheid --- Overgangsrechtvaardigheid --- Primauté du droit --- Recht [Heerschappij van het ] --- Rechtsstaat --- Reconstruction d'une nation --- Reconstruction de l'État --- Reconstruction nationale --- Reconstruction politique --- Rule of law --- Règne du droit --- Réforme de l'État --- Staatshervorming --- Stabilization and reconstruction (International relations) --- State-building --- Supremacy of law --- Suprématie du droit --- Transitional justice --- Édification de l'État --- Édification nationale --- Nation-building. --- Rule of law. --- Transitional justice. --- Hiérarchie des normes juridiques --- Justice --- Human rights --- Administrative law --- Constitutional law --- Political development --- Règle de droit --- Justice et guerre --- Reconstruction de l'Etat --- Droits de l'homme --- Médiation pénale --- Réparations des crimes de l'histoire --- Victimes --- Protection, assistance, etc.
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"What lessons can we learn from history, and more importantly: how? This question is as commonplace as it is essential. Efficient transitional justice policy evaluation requires, inter alia, an historical dimension. What policy has or has not worked in the past is an obvious key question. Nevertheless, history as a profession remains somewhat absent in the multi-disciplinary field of transitional justice. The idea that we should learn lessons from history continues to create unease among most professional historians. In his critical introduction, the editor investigates the framework of this unease. At the core of this book are nine national European case studies (post 1945, the 1970s dictatorships, post 1989) which implement the true scholarly advantage of historical research for the field of transitional justice: the broad temporal space. All nine case studies tackle the longer-term impact of their country's transitional justice policies. Two comparative conclusions, amongst others by the internationally renowned transitional justice specialist Luc Huyse, complete this collection. This volume is a major contribution in the search for synergies between the agenda of historical research and the rapidly developing field of transitional justice"-- Back cover.
History as a science --- Law of armed conflicts. Humanitarian law --- anno 2000-2009 --- anno 1900-1999 --- anno 2010-2019 --- Europe --- Droit de la guerre --- Guerre (Droit international) --- Justice transactionnelle --- Justice transitionnelle --- Oorlog (Internationaal recht) --- Overgang rechtvaardigheid --- Overgangsrechtvaardigheid --- Transitional justice --- War (International law) --- Criminal justice, Administration of --- Justice pénale --- History --- Administration --- Histoire --- Réparations des crimes de l'histoire --- Justice et guerre --- Droit et histoire --- Justice pénale --- Law --- War crimes --- Cases --- Crime --- Justice transitionnelle. --- Réparations des crimes de l'histoire. --- Justice et guerre. --- Droit et histoire. --- Transitional justice - Europe --- Transitional justice - Europe - Case studies --- Criminal justice, Administration of - Europe - History - 20th century --- Justice --- Human rights --- Administration of criminal justice --- Justice, Administration of --- Criminal law --- Criminals --- Law and legislation
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Based on case studies spanning time and geography from the Spanish to the Nigerian civil wars, to government repression in Argentina, genocidal policies in Guatemala and Rwanda and on to forced population removal in Australia and Israel, this collection represents a focused attempt to come to grips with some of the strategies used to express traumatic memory work. Together, the essays constitute a kaleidoscope of new approaches to show how such performances of memory contribute to transitional justice efforts, demonstrating the complexities of striving for justice and reconciliation through the public expression of shared memories of violence.
International private law --- Choice of law --- Conflict of laws --- Conflict of laws--Civil law --- Conflit des lois --- Conflits de lois --- Conflits de lois dans l'espace --- DIP --- Droit international privé --- Droit international privé--Droit civil --- Droit privé international --- Intermunicipal law --- Internationaal privaatrecht --- International law [Private ] --- Justice transactionnelle --- Justice transitionnelle --- Overgang rechtvaardigheid --- Overgangsrechtvaardigheid --- Private international law --- Transitional justice --- Réparations des crimes de l'histoire --- Mémoire collective --- Droit et histoire --- Mémoire --- Traumatisme psychique --- Aspect social --- Aspect social. --- Justice transitionnelle. --- Réparations des crimes de l'histoire. --- Mémoire collective. --- Droit et histoire. --- Traumatisme psychique. --- Psychic trauma. --- Collective memory --- Psychological aspects. --- Sociological aspects. --- Emotional trauma --- Injuries, Psychic --- Psychic injuries --- Trauma, Emotional --- Trauma, Psychic --- Psychology, Pathological --- Justice --- Human rights --- Collective remembrance --- Common memory --- Cultural memory --- Emblematic memory --- Historical memory --- National memory --- Public memory --- Social memory --- Memory --- Social psychology --- Group identity --- National characteristics
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Criminal law. Criminal procedure --- International law --- Aide judiciaire internationale --- Assistance judiciaire internationale --- Assistance juridique internationale --- BARJ (Restorative justice) --- Balanced and restorative justice --- Community justice --- Coopération judiciaire --- Coopération judiciaire internationale --- Crimes against humanity --- Crimes contre l'humanité --- Entraide judiciaire --- Entraide judiciaire internationale --- Espace judiciaire --- International criminal courts --- Internationale juridische bijstand --- Internationale strafgerechtshoven --- Internationale strafrechtbanken --- Judicial assistance --- Justice pénale internationale --- Justice restaurative --- Justice restauratrice --- Justice réconciliatrice --- Justice réparatrice --- Justice transactionnelle --- Justice transitionnelle --- Misdaden tegen de mensheid --- Overgang rechtvaardigheid --- Overgangsrechtvaardigheid --- Restauratieve rechtvaardigheid --- Restorative community justice --- Restorative justice --- Transitional justice --- Tribunaux criminels internationaux --- Tribunaux internationaux pénaux --- International crimes --- Prosecution --- International cooperation --- International Criminal Court --- International crimes. --- International criminal courts. --- Judicial assistance. --- Restorative justice. --- Transitional justice. --- International cooperation. --- Justice --- Human rights --- Criminal justice, Administration of --- Reparation (Criminal justice) --- Criminal procedure --- Informations --- Private prosecutors --- Civil procedure --- Judgments, Foreign --- Criminal courts --- International courts --- Complementarity (International law) --- Crimes, International --- International crime --- International offenses --- Crime --- International Criminal Court. --- U.N. International Criminal Court --- United Nations. --- ICC --- CPI --- Cour pénale internationale --- Corte Penal Internacional --- Internationella brottmålsdomstolen --- Pengadilan Pidana Internasional --- Kokusai Keiji Saibansho --- Mezhdunarodnyĭ ugolovnyĭ sud --- Međunarodni kazneni sud --- Międzynarodowy Trybunał Karny --- Maḥkamat al-Jināʼīyah al-Duwalīyah --- Guo ji xing shi fa yuan --- 国际刑事法院 --- Samnakngān ʻAyakān Sān ʻĀyā Rawāng Prathēt --- Tribunal Penal Internacional --- Uluslararası Ceza Mahkemesi --- UCM --- Prosecution - International cooperation --- Droit international pénal --- Tribunaux internationaux --- Victimes de guerre --- Droit --- Statut juridique --- Philosophie
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This volume considers the important and timely question of criminal justice as a method of addressing state violence committed by non-democratic regimes. The book's main objectives concern a fresh, contemporary, and critical analysis of transitional criminal justice as a concept and its related measures, beginning with the initiatives that have been put in place with the fall of the Communist regimes in Europe in 1989.The project argues for rethinking and revisiting filters that scholars use to interpret main issues of transitional criminal justice, such as: the relationship between judicial accountability, democratisation and politics in transitional societies; the role of successor trials in rewriting history; the interaction between domestic and international actors and specific initiatives in shaping transitional justice; and the paradox of time in enhancing accountability for human rights violations. In order to accomplish this, the volume considers cases of domestic accountability in the post-1989 era, from different geographical areas, such as Europe, Asia and Africa, in relation to key events from various periods of time. In this way the approach, which investigates space and time-lines in key examples, also takes into account a longitudinal study of transitional criminal justice itself. About the book'Transitional justice nowadays is an industry which produces hundreds of texts each year and it is difficult to turn our attention to an intellectual product. This book is well-balanced and will find recognition in readers and students of transitional justice, as well as researchers on social transformation. It is a collection in the best tradition of socio-legal research. The book is recommended for two reasons: its serious treatment of criminal justice as a part of transitional justice, and its approach, which locates the problem of transitional justice in post-communist Europe in a broader, comparative context.' Prof. Dr. Adam Czarnota, Scientific Director of the International Institute for the Sociology of Law, Oati, Spain'By carefully considering how criminal justice relates to democratization, collective memory, internationalist concerns, and the passage of time since violations occurred, this volume contributes importantly to the evolving transitional justice literature. The questions it raises are timely and theoretically grounded, and the choice of cases diverse and illuminating. Its authors richly contextualize their examinations, complementing recent broad comparative studies that explore large numbers of cases with little detail. This in-depth study critically advances our understanding of the challenges of justice on the fraught terrain of transitioning societies.' Nadya Nedelsky, Associate Professor and Chair, International Studies, Macalester College, Saint Paul, MN.'A collection of provocative, thoughtful and superbly documented contributions to our understanding of the dilemmas of transitional justice in post-dictatorial societies. The authors argue that democratic communities cannot function properly if they do not address past crimes and abuses. Genuine reconciliation cannot take place if memory and justice are ignored and denied. With its insightful comparative perspective, this book is highly recommended to all those who care about the relationship between human rights and democracy.' Vladimir Tismaneanu, University of Maryland (College Park)
Compensation for victims of crime --- Criminal justice [Administration of ] --- Criminal restitution --- Genoegdoening --- Genoegdoening (Strafrechtspraak) --- Indemnisation des victimes d'infractions --- Justice criminelle [Administration de la ] --- Justice transactionnelle --- Justice transitionnelle --- Overgang rechtvaardigheid --- Overgangsrechtvaardigheid --- Reparation --- Restitution (Criminal justice) --- Restitution for victims of crime --- Restitutions (Droit pénal) --- Réparation (Justice criminelle) --- Réparation civile --- Réparation d'un tort --- Strafrechtspraak [Administratie van de ] --- Victimes d'infractions--Indemnisation --- Génocide --- Études comparatives --- Postwar reconstruction --- Criminal justice, Administration of. --- Remedies (Law) --- Former Soviet bloc --- Transitional justice. --- Human rights. --- Reparation (Criminal justice) --- Administration of criminal justice --- Criminal justice, Administration of --- Basic rights --- Civil rights (International law) --- Human rights --- Rights, Human --- Rights of man --- Law and legislation. --- Law and legislation --- Former communist countries --- Second world (Former communist countries) --- Politics and government. --- Polemology --- Law of armed conflicts. Humanitarian law --- Criminology. Victimology --- Justice pénale --- Administration --- Participation des citoyens --- Transitional justice --- Génocide. --- Administration. --- Études comparatives. --- Participation des citoyens. --- Justice, Administration of --- Crime --- Criminal law --- Criminals --- Human security --- Truth commissions --- Justice --- Communist countries --- Post-conflict reconstruction --- Reconstruction, Postwar --- Justice pénale --- Génocide. --- Études comparatives.
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