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Foreword - Nelson Mandela
A number of international contributors emphasize the conceptual and practical challenges facing post-conflict societies and the international community in the management of the transition from civil conflict to peaceful coexistence.
The present book addresses the right to truth in the field of international human rights law. The objective is to verify the outlines of this right that make it unique, and which justify its own (disputable) existence in the human rights scenario as a legally binding norm. Departing from a historical perspective of the emergence of this right in International Law, the intent is to analyze the multiple debates that have marked the development of the right to truth throughout the past decades. It is explored, therefore, how the a priori abstract notion of truth became a right and the strict relation this has with the social mobilizations of victims of gross violations of human rights. To accom...
This book looks at why it's so difficult to create 'the rule of law' in post-conflict societies such as Iraq and Afghanistan, and offers critical insights into how policy-makers and field-workers can improve future rule of law efforts. A must-read for policy-makers, field-workers, journalists and students trying to make sense of the international community's problems in Iraq and elsewhere, this book shows how a narrow focus on building institutions such as courts and legislatures misses the more complex cultural issues that affect societal commitment to the values associated with the rule of law. The authors place the rule of law in context, showing the interconnectedness between the rule of law and other post-conflict priorities, such as reestablishing security. The authors outline a pragmatic, synergistic approach to the rule of law which promises to reinvigorate debates about transitions to democracy and post-conflict reconstruction.
Providing a refreshing take on transitional justice, this second edition Research Handbook brings together an expanse of scholarly expertise to reconsider how societies deal with gross human rights violations, structural injustices and mass violence. Contextualised by historical developments, it covers a diverse range of concepts, actors and mechanisms of transitional justice, while shedding light on new and emerging areas in the field.
Values, politics and law are inextricably intertwined in a communal effort to ensure respect for the human dignity of all the individuals in a society. This sentiment is often expressed, but rearely understood in the context of legal analysis. Proponents of sociolegal analysis often focus on particular actors or particular processes giving little attention to the communal aspects of justice. Because of this political entities in particular have been able to avoid responsibility for their past offenses to the human dignity of the communities who had invested them with the trust of government. Dr. Aurora Voiculescu's addresses this problem by examining the responsibility of collective political actors for human rights abuses. Instead of rehashing the developments within the sphere of individual and state responsibility, Dr. Voiculescu breaks new ground by considering communal needs for the responsibility of political collectives. At the centre of her work is the responsibility of the nomenklatura and what this means for societies over which they reigned. Drawing upon examples from the emerging democracies of Eastern Europe she analyzes the need for justice and ways in which this need
How should an emerging democracy cope with the legacy of an ousted repressive regime? How can a new society redress past abuses without creating new injustices, while peacefully integrating the victims and the perpetrators?By bringing together the collective experience of numerous countries and cultures over the past fifty years, this three-volume compilation of readings provides an invaluable resource for government officials, private organizations, scholars, and others involved in the transitions of today and tomorrow.
Ending War: A Dialogue across Disciplines examines how wars end from a multidisciplinary perspective and includes enquiries into the politics of war, the laws of war, and the military and intellectual history of war. In recent years, the changes in the character of contemporary warfare have created uncertainties across different disciplines about how to identify and conceptualise the end of war. A whole constellation of questions arises from such uncertainties: How do philosophers define ethical responsibilities in bello and post bellum if the boundary between war and peace is ever so blurred? How do strategists define their objectives if the teleology of action becomes uncertain? How do his...