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Vol 21 No 9 Sept/Oct 2016

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Transitional Justice in the Twenty-First Century: Beyond Truth versus Justice

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Edited by: Naomi Roht-Arriaza, Javier Mariezcurrena

ISBN13: 9780521677509
ISBN: 0521677505
Published: September 2006
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback
Price: £34.99

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Dealing with the aftermath of civil conflict or the fall of a repressive government continues to trouble countries throughout the world. Whereas much of the 1990s was occupied with debates concerning the relative merits of criminal prosecutions and truth commissions, by the end of the decade a consensus emerged that this either/or approach was inappropriate and unnecessary. A second generation of transitional justice experiences have stressed both truth and justice and recognize that a single method may inadequately serve societies rebuilding after conflict or dictatorship.

Based on studies in ten countries, this book analyzes how some combine multiple institutions, others experiment with community-level initiatives that draw on traditional law and culture, whilst others combine internal actions with transnational or international ones. The authors argue that transitional justice efforts must also now consider the challenges to legitimacy and local ownership emerging after external military intervention or occupation.

  • Specialists from different disciplines use extensive interviews and surveys to analyze actual experiences beyond formal academic descriptions
  • Deals with a wide geographical range of countries including Afghanistan, Iraq, Mexico, Rwanda and Sierra Leone
  • Introductory and concluding chapters trace the theory of transitional justice and evaluate the lessons learned as well as providing suggestions for future research and policy

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Public International Law
Introduction Naomi Roht-Arriaza
Part I. Truth, Justice and Multiple Institutions:
1. The Sierra Leone truth and reconciliation commission William A. Schabas
2. Transitional criminal justice in Sierra Leone Sigall Horovitz
3. The Peruvian truth and reconciliation commission and the challenge of impunity Eduardo Gonzales Cueva
4. The 'Mexican solution' to transitional justice Marieclaire Acosta and Esa Ennelin
5. No justice, no peace: discussion of a legal framework regarding the demobilization of non-state armed groups in Colombia Maria Jose Guembe and Helena Olea
6. Hybrid attempts at accountability for serious crimes in Timor Leste Caitlin Reiger
Part II. Levels of Justice: Local, National and International:
7. A new approach to restorative justice - East Timor's community reconciliation procedure Patrick Burgess
8. Justice at the grassroots? Gacaca trials in Rwanda Timothy Longman
9. Bremer's 'Gordian knot': transitional justice and the US occupation of Iraq Eric Stover, Hanny Megally and Hania Mufti
10. Truth, justice and stability in Afghanistan Patricia Gossman
11. The prosecution of Hissene Habre: international accountability, national impunity Reed Brody
12. Argentina's contribution to global trends in transitional justice Kathryn Sikkink and Carrie Walling
13. Transitional justice: lessons learned and the road ahead Ellen Lutz.