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Vol 21 No 11 Nov/Dec 2016

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Transitional Justice and Rule of Law Reconstruction: Dilemmas and Solutions for Policy-Makers


ISBN13: 9780415668149
Published: June 2013
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £90.00
Paperback edition , ISBN13 9781138930070



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This book examines the interaction of transitional justice and rule of law reconstruction projects in post-conflict societies, the dilemmas it brings and possible solutions. Though the ordinary presumption is that the two processes should be mutually reinforcing and complementary, practice in the last twenty years has demonstrated under-appreciated and under-analysed discontinuities and contradictions in states where both have been attempted.

This book traces the diverging development of both rule of law reconstruction and transitional justice since the end of the Cold War, demonstrating how the domestic formal justice system which is at the centre of rule of law reform has been by-passed by methods which do little to develop national institutions and which can corrode their cultural legitimacy. The book then goes on to examine how transitional trials in international, domestic and mixed/hybridised courts can detract from, or complement, on-going processes of justice sector reform. Finally the book considers the use of alternative justice mechanisms in transition. It examines the dangers and opportunities of circumventing the formal justice system by using measures such as conditional amnesties, truth and reconciliation commissions and traditional or local justice mechanisms which may not have long-term application or analogues in the reforming justice sector.

Subjects:
Human Rights and Civil Liberties
Contents:
Part I: The Divergence of Rule of Law Reconstruction and Transitional Justice
1. Introduction
2. Rule of Law Reconstruction in Peace-Building Ecologies
3. The Rapid Growth of Transitional Justice

Part II: International Criminal Justice and Rule of Law Reconstruction
4. The International Rule of Law Versus Domestic Rule of Law
5. Lessons from the Ad Hoc Courts for Rwanda and the former Yugoslavia
6. An Opportunity Missed: The Hybrid Courts
7. The International Criminal Court's Complementarity Regime and Rule of Law Reform

Part III: Amnesty, Alternative Transitional Justice Mechanisms and the Rule of Law
8. The Compromises of Transition: Leniency and Amnesty
9. Truth Commissions and Commissions of Inquiry
10. Traditional Justice Mechanisms: Justice from Below versus Justice from Above
11. Conclusions