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Resilience, Conflict-Related Sexual Violence and Transitional Justice
This interdisciplinary book constitutes the first major and comparative study of resilience focused on victims-/survivors of conflict-related sexual violence (CRSV). Locating resilience in the relationships and interactions between individuals and their social ecologies (including family, community, non-governmental organisations and the natural environment), the book develops its own conceptual framework based on the idea of connectivity. It applies the framework to its analysis of rich empirical data from Bosnia-Herzegovina, Colombia and Uganda, and it tells a set of stories about resilience through the contextual, dynamic and storied connectivities between individuals and their social eco...
Rape, Sexual Violence and Transitional Justice Challenges
It is estimated that 20,000 people were subjected to rape and other forms of sexual violence during the 1992–1995 Bosnian war. Today, these men and women have been largely forgotten. Where are they now? To what extent do their experiences continue to affect and influence their lives, and the lives of those around them? What are the principal problems that these individuals face? Such questions remain largely unanswered. More broadly, the long-term consequences of conflict-related rape and sexual violence are often overlooked. Based on extensive interviews with male and female survivors from all ethnic groups in Bosnia-Herzegovina (BiH), this interdisciplinary book addresses a critical gap in the current literature on rape and sexual violence in conflict situations. In so doing, it uniquely situates and explores the legacy of these crimes within a transitional justice framework. Demonstrating that transitional justice processes in BiH have neglected the long-term effects of rape and sexual violence, it develops and operationalizes a new holistic approach to transitional justice that is based on an expanded conception of ‘legacy’ and has a wider application beyond BiH.
Some Kind of Justice
Through an in-depth case study, Some Kind of Justice offers fresh insights about two questions now the subject of robust debate: What goals can we plausibly assign to international criminal tribunals? What factors determine the impact of distant courts on societies that have seen vicious violence? The book offers a timely and original account of how the International Criminal Tribunal for the former Yugoslavia (ICTY) affected local communities, and the factors that shape its changing impact over time.
Adjudicating International Human Rights
Adjudicating International Human Rights honours Professor Sandy Ghandhi on his retirement from law teaching. It does so through a series of targeted essays which probe the framework and adequacy of international human rights adjudication. Eminent international law scholars (such as Sir Nigel Rodley, Professor Javaid Rehman and Professor Malcolm Evans), along with emerging writers in the field, take Professor Ghandhi’s body of work—focussed on human rights protection through legal institutions—as a starting point for a variety of analytical essays. Adjudicating International Human Rights includes chapters devoted to human rights protection in a number of different institutional contexts, ranging from the ICJ and the Human Rights Committee to truth commissions and NAFTA arbitration tribunals.
Holocaust and Genocide Denial
This book provides a detailed analysis of one of the most prominent and widespread international phenomena to which criminal justice systems has been applied: the expression of revisionist views relating to mass atrocities and the outright denial of their existence. Denial poses challenges to more than one academic discipline: to historians, the gradual disappearance of the generation of eyewitnesses raises the question of how to keep alive the memory of the events, and the fact that negationism is often offered in the guise of historical 'revisionist scholarship' also means that there is need for the identification of parameters which can be applied to the office of the 'genuine' historian....
Gendered Agency in War and Peace
This book examines how gendered agency emerges in peacebuilding contexts. It develops a feminist critique of the international peacebuilding interventions, through a study of transitional justice policies and practices implemented in Bosnia & Herzegovina, and local activists’ responses to official discourses surrounding them. Extending Nancy Fraser’s tripartite model of justice to peacebuilding contexts, the book also advances notions of recognition, redistribution and representation as crucial components of gender-just peace. It argues that recognising women as victims and survivors of conflict, achieving a gender-equitable distribution of material and symbolic resources, and enabling women to participate as agents of transitional justice processes, are all essential for transforming the structural inequalities that enable gender violence and discrimination to materialise before, during, and after conflict. This study establishes a new avenue of analysis for understanding responses and resistances to international peacebuilding, by offering a sustained engagement with feminist social and political theory.
The Legacy of the International Criminal Tribunal for the Former Yugoslavia
The International Criminal Tribunal for the Former Yugoslavia (ICTY) was established in 1993 and is due to complete its trials by 2011. Easily the most credible and prodigious of the international tribunals established in this period, the ICTY is by far the most important source of case law on international criminal law. This is reflected in the citations it receives by other courts and by learned commentators. Long after its dissolution, the ICTY will most likely serve as animportant frame of reference for the International Criminal Court and other courts dealing with international crimes, including national courts.The publication of this book coincides with the year of cessation of trial activity at the ICTY. Its purpose is to mark this significant milestone in international law with a series of in-depth, critical reflections on the institution's legacy by eminent scholars and practitioners. In the course of seventeen chapters, the contributing authors analyse the main features of the ICTY's work in an unprecedented examination of the institution's legitimacy, core principles, methodologies, unstatedassumptions, political circumstances, and impact-and indeed, its legacy.
My War Criminal
An investigation into the nature of violence, terror, and trauma through conversations with a notorious war criminal by Jessica Stern, one of the world's foremost experts on terrorism. Between October 2014 and November 2016, global terrorism expert Jessica Stern held a series of conversations in a prison cell in The Hague with Radovan Karadzic, a Bosnian Serb former politician who had been indicted for genocide and other war crimes during the Bosnian War and who became an inspiration for white nationalists. Though Stern was used to interviewing terrorists in the field in an effort to understand their hidden motives, the conversations she had with Karadzic would profoundly alter her understan...
International Trials and Reconciliation
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 yea...
The Development of Institutions of Human Rights
PART I: INTRODUCTION Mechanisms of Transitional Justice-- L.A.Barria & S.D.Roper PART II: ARGENTINA Argentina's Proceso: Societal Reform through Premeditated Terror-- T.Wilson Successes and Limitations of the CONADEP Experience in the Determination of Responsibilities for Human Rights Violations in Argentina-- E.Crenzel Recalling the Legacy of the 1985 Trial of the Military in Argentina-- M.Di Paolantonio PART III: BOSNIA-HERZEGOVINA Violence Born of History/History Born of Violence: A Brief Context for Understanding the Bosnian War-- C.M.Morus Transitional Justice in Bosnia: The International Criminal Tribunal for the Former Yugoslavia-- J.N.Clark Home Court Advantage? Domestic Trials and T...
