Peace and Justice

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ISBN: 9780745634234 | 0745634230
Cover: Paperback
Copyright: 10/29/2007

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This is a timely contribution in a world where an ever-increasing number of post-conflict societies are grappling with the issues of transitional justice. It will be a valuable resource for students, scholars, practitioners and policymakers seeking to understand past violations of human rights and the most effective ways of addressing them.

Preface and acknowledgements ivontentsist of abbreviations
Peace and Justice
Transitional/Post-Conflict Justice
Accountability
Deterrence
Historical record
Reconciliation, and healing
Redress for victims
Removal of perpetrators
Capacity-building and the rule of law
Risks and dangers
Destabilisation
Retraumatisation
Politicisation
Context, context and context
Cultural norms and values
Nature of the conflict and extent and types of abuses
Needs of victims, survivors and perpetrators
Peace agreement
Finance and infrastructure
Political will
International involvement
The bookThe Nuremberg Legacy
Nuremberg and Tokyo
International Humanitarian Law post-1945
International Criminal Law
Human Rights Law
ConclusionAd hoc International Criminal Tribunals: The ICTY and ICTR
International judicial intervention
Establishing a court and launching investigations
Jurisdiction and Procedure
State cooperation and judicial assistance
Justice, Peace and Reconciliation
Delivering justice
Contribution to international criminal law
Restoring and maintaining peace
Deterrence
Historical record
Reconciliation
Removing perpetrators
Political leverage
Engaging the local population
Conclusionox
The Yugoslav Warox
RwandaThe International Criminal Court
Establishing the Court: the Rome Statute
Jurisdiction and admissibility
Applicable law
The'essential paradox' of complementarity
The role of the Prosecutor
The relationship with the Security Council
The United States and the International Criminal Court
International criminal justice and international peace and security: a'perfect symbiosis'?
Engaging the local population and meeting victims' needs
Peace and justice?
Conclusionox
Situations and Casesgandaemocratic Republic of Congo (DRC)udanox
Universal jurisdiction'Internationalized' Courts
A New Breed of Tribunal?
Jurisdiction and procedure
Financial and logistical challenges
State Cooperation and Judicial Assistance
Relationship to domestic courts
Communication and outreach
Justice, peace and reconciliation
Providing justice
Peace and reconciliation
Complementarity
Capacity-building and the rule of law
Conclusionox
The Special Court for Sierra Leoneox
Regulation 64 Panels in Kosovoox
Special Crime Panels in Timor-Leste Error! Bookmark not defined.ox 5.4:'Extraordinary Chambers' in CambodiaDomestic Trials
Rights and Obligations in International Law
Judicial Reform: A Primary Hurdle for Domestic Trials
Political and Practical Obstacles to Domestic Trials
Political Realities and Destabilisation
Amnesties
Financial Obstacles
Victor's Justice or Vengeance
Selectivity
Re-victimisation
Evidence and Witness Protection
Benefits of Domestic Trials
Conclusionox
Domestic Trials- Rwandaox
Domestic Trials- The Indonesian Ad Hoc Human Rights Courtox
The Supreme Iraqi Criminal TribunalTruth Commissions
Definitional Clarity
Design and Resources.3'Truth' and'reconciliation' in Truth Commissions
Restorative Justice- Healing and Retraumatisation
Additional Benefits and Limitations of Truth Commissions Error! Bookmark not defined
Acknowledgement and Local Ownership Error! Bookmark not defined
Amnesties
Due Process and Naming Names
Deterrence
Political Obstacles
Conclusionox
The Truth and Reconciliation Commission in the DRCox
The Truth and Reconciliation Commission in South Africaox
The Commission on the Truth for El Salvador
Table of Contents provided by Publisher. All Rights Reserved.

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Peace and Justice

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