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Vol 21 No 11 Nov/Dec 2016

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Criminal Injuries Compensation Claims

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Facing the Past: Amending Historical Injustices Through Instruments of Transitional Justice


ISBN13: 9781780684031
Published: July 2016
Publisher: Intersentia Publishers
Country of Publication: Belgium
Format: Hardback
Price: £76.00



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How do societies at the national and international level try to overcome historical injustices? What remedies did they develop to do justice to victims of large scale atrocities? And even more important: what have we learned from the implementation of these so-called instruments of transitional justice in practice?

Lawyers, socials scientists and historians have published shelves full of books and articles on how to confront the past through international criminal tribunals, truth commissions, financial compensation schemes and other instruments of retributive/punitive and restorative justice. A serious problem continues to be that broad interdisciplinary accounts that include both categories of measures are still hardly available. With this volume a group of international experts in the field endeavors to fill this gap, and even more. By alternating historical overviews with critical assessments this volume does not only offer an extensive introduction to the world of transitional justice, but also food for thought concerning the effectiveness of the remedies it offers to face the past successfully.

Subjects:
Human Rights and Civil Liberties
Contents:
PART I. TRANSITIONAL JUSTICE.WHAT'S IN THE NAME?
Introduction (p.
1)
Do Bystanders Exist? (p.
27)
The Marketisation of Historical Injustice (p.
43)

PART II. RETRIBUTIVE JUSTICE
Introduction (p.
57)
Pacting the Law within Politics. Lessons from the International Criminal Court's First Investigations (p.
91)
National and Hybrid Tribunals. Benefits and Challenges (p.
115)
Beyond the Courtroom. The Objectives and Experiences of International Justice at the Grassroots (p.
139)
From Gacaca to Mato Oput. Pragmatism and Principles in Employing Traditional Dispute Resolution Mechanisms (p.
167)
Dealing with Organisations and Corporations (p.
187)

PART III. RESTORATIVE JUSTICE
Introduction (p.
203)
The Whole Truth and Nothing but the Truth? On the Role of Truth Commissions in Facing the Past (p.
225)
Official Apologies (p.
247)
Financial Compensation as a Political Process (p.
265)
Education in the Shadow of History. Education, History Education, and their Place in Historical Justice (p.
285)
Governing through Repair. Historical Injustices and Indigenous Peoples in Canada (p.
303)

PART IV. PENDING CASES
The Unfulfilled Promise of Protection. The Netherlands and Srebrenica (p.
321)
Facing the Armenian Genocide. A History of Denial and Politics (p.
339)
The United States and Torture. The Politics of Transitional Justice (p.
361)
Author Information (p.
387)