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

by
Edition: 1st
Format: Hardcover
Pub. Date: 2006-10-09
Publisher(s): Cambridge University Press
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Summary

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.

Table of Contents

List of contributors
vii
Acknowledgments xi
The new landscape of transitional justice 1(16)
Naomi Roht-Arriaza
Part I Truth, justice, and multiple institutions
17(154)
Introduction to Part I
19(2)
Naomi Roht-Arriaza
The Sierra Leone Truth and Reconciliation Commission
21(22)
William A. Schabas
Transitional criminal justice in Sierra Leone
43(27)
Sigall Horovitz
The Peruvian Truth and Reconciliation Commission and the challenge of impunity
70(24)
Eduardo Gonzalez Cueva
The ``Mexican solution'' to transitional justice
94(26)
Mariclaire Acosta
Esa Ennelin
No justice, no peace: Discussion of a legal framework regarding the demobilization of non-state armed groups in Colombia
120(23)
Maria Jose Guembe
Helena Olea
Hybrid attempts at accountability for serious crimes in Timor Leste
143(28)
Caitlin Reiger
Part II Levels of justice: Local, national and international
171(171)
Introduction to Part II
173(3)
Naomi Roht-Arriaza
A new approach to restorative justice -- East Timor's Community Reconciliation Processes
176(30)
Patrick Burgess
Justice at the grassroots? Gacaca trials in Rwanda
206(23)
Timothy Longman
Bremer's ``Gordian Knot'': Transitional justice and the US occupation of Iraq
229(26)
Eric Stover
Hanny Megally
Hania Mufti
Truth, justice and stability in Afghanistan
255(23)
Patricia Gossman
The prosecution of Hissene Habre: International accountability, national impunity
278(23)
Reed Brody
Argentina's contribution to global trends in transitional justice
301(24)
Kathryn Sikkink
Carrie Booth Walling
Transitional justice: Lessons learned and the road ahead
325(17)
Ellen Lutz
Index 342

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