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Vol 25 No 2 Feb/March 2020

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Transitional Justice and Forced Migration: Critical Perspectives from the Global South

Edited by: Nergis Canefe

ISBN13: 9781108422062
Published: November 2019
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £85.00

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This volume brings together critical legal scholarship and theories of forced migration that draw attention to the dual role of law as it pertains to transitional justice and mass violence resulting in forced population movements. Contributors to the volume analyze how forced migration in the Global South have impacted contemporary realities. While there has been considerable focus on refugees and asylum seekers from conflict zones, there is less attention paid to the far more numerous internally displaced peoples (IDPs), stateless people, warehoused refugees, non-status displaced and returnees in the Global South. In this volume, a multidisciplinary group of scholars question the reasons behind the restrictive choices that lock us into area studies modalities instead of genuine interdisciplinary analysis by linking the traditional subject matter of transitional justice with the realities of forced migration in the Global South.

  • Includes theoretical exercises that identify patterns
  • Engages with post-conflict restorative justice projects and the specificities of their undertaking in select regions
  • Includes debates on key concepts that pertain to forced migration and transitional justice studies nexus amongst several scholars

  • Subjects:
    Human Rights and Civil Liberties
    Part I. The Past as the Memory of the Present
    1. Borderlands of Independent India: Transition, Violence, and Justice by Ranabir Samaddar
    2. A Restorative Justice Approach to the “Armenian Problem”: Transitional Justice between Past and Future by Turgut Tarhanlı
    3. Hybrid Courts, Transitional Justice, and Displacement in the Global South by Nergis Canefe
    Part II. Law, Justice, and Hope
    4. Transitional Justice, Displacement and the Rights of the Young: Retributive and Restorative Approaches in the Aftermath of the Rwandan Genocide by Marisa O. Ensor
    5. Beyond Agreements: Management Tools to Support Peace Agreements in the Case of Displaced Populations in Colombia by Fabio Diaz Pabon
    6. State-Based Truth Commissions: The Case of Post-War Sri Lanka by Jessica Chandrashekar
    7. The Right of Return in Iraq: Conceptualizing Insecurity, State Fragility, and Forced Displacement by Shamiran Mako and Hannibal Travis
    Part III. Ethics of Witnessing
    8. Persecution, Prosecution, Protection: Doing International Justice for Sexual Violence by Galya Ben-Arieh
    9. Transitional Justice, Reconciliation and Reconstruction Process: The Case of Former LTTE Female Combatants in Post-War Sri Lanka by Nasreen Chowdhory and Shamna Hussein
    10. The Principle of Legal Certainty: Impact Assessment of the Syrian Refugee Crisis on the Turkish Law on Foreigners and International Protection by Lami Bertan Tokuzlu
    11. Perspectives on Legal Justice and Victim Reparations in the Diasporic African Great Lakes Region by Helen Hintjens and Jackson Odong