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.
Bibliography, etc. Note
Includes bibliographical references.
Formatted Contents Note
Pt. 1. Transitional justice. What's in the name? Introduction / Peter Malcontent Do bystanders exist? / Fred Grunfield The marketisation of historical injustice / Duco Hellema Pt. 2. Retributive justice. Introduction / Peter Malcontent Pacting the law within politics. Lessons from the international criminal court's first investigations / Kenneth A. Rodman National and hybrid tribunals. Benefits and challenges / Brianna McGonigle Leyh Beyond the courtroom. The objectives and experiences of international justice at the grassroots / David Taylor From Gacacato Mato Oput. Pragmatism and principles in employing traditional dispute resolution mechanisms / Barabara Oomen Dealing with organisations and corperations / Cedric Ryngaert Pt. 3. Restorative justice. Introduction / Peter Malcontent The whole truth and nothing but the truth? On the role of truth commisions in facing the past / Stephan Parmentier and Monica Aciru Official apologies / Rhoda E. Howard-Hassman Financial compensation as a political process / Peter Malcontent Education in the shadow of history. Education, history education, and their place in historical justice / Elizabeth A. Cole Governing through repair. Historical injustices and indigenous peoples in Canada / Andrew Woolford Pt. 4. Pending Cases. The unfulfilled promise of protection. The Netherlands and Srebrenica / Christ Kelp Facing the Armenian genocide. A history of denial and politics / Peter Malcontent The United States and torture. The politics of transitional justice / David P. Forsythe.
K5250 .F35 2016
Cambridge, United Kingdom : Intersentia , 2016.