The Role of Direct-Experience People in Promoting Transitional Justice: The Israeli Case

2014 ◽  
pp. 115-132
Author(s):  
Rafi Nets-Zehngut
Keyword(s):  
Transitional Justice ◽  
Direct Experience

The Kenya National Commission on Human Rights under the 2010 Constitutional Dispensation

2018 ◽  
Vol 26 (2) ◽  
pp. 205-226
Author(s):  
Bonolo Ramadi Dinokopila ◽  
Rhoda Igweta Murangiri
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
National Commission ◽  
Bill Of Rights ◽  
Institutional Perspective ◽  
Post Conflict ◽  
National Human ◽  
The Status ◽  
Protection Of Human Rights

This article examines the transformation of the Kenya National Commission on Human Rights (KNCHR) and discusses the implications of such transformation on the promotion and protection of human rights in Kenya. The article is an exposition of the powers of the Commission and their importance to the realisation of the Bill of Rights under the 2010 Kenyan Constitution. This is done from a normative and institutional perspective with particular emphasis on the extent to which the UN Principles Relating to the Status of National Institutions for the promotion and protection of human rights (the Paris Principles, 1993) have been complied with. The article highlights the role of national human rights commissions in transformative and/or transitional justice in post-conflict Kenya. It also explores the possible complementary relationship(s) between the KNCHR and other Article 59 Commissions for the better enforcement of the bill of rights.

The role of Constitutional Courts in Transitional Justice: Colombia and South Africa

2016 ◽  
Vol 9 (15) ◽  
Author(s):  
Nadiehezka Paola Palencia Tejedor
Keyword(s):  
South Africa ◽  
Structural Analysis ◽  
Transitional Justice ◽  
Critical Analysis ◽  
Historical Context ◽  
Constitutional Courts ◽  
Political Background ◽  
Similarities And Differences ◽  
Peace And Reconciliation

This work focuses on a compared analysis of the South Afri- can decision related to the “peace and reconciliation act” of this country’s Parliament, and the Colombian decision regarding the amendment of the constitution called “The juridical framework for the peace.” Turning to the structure, it is developed in three major topics: 1. It provides a brief of the historical context, political background and an overview of the two decisions.2. It gives a structural analysis of the powers that each Court has and the nature of the constitutional mechanism through which both Courts decided the constitutionality of the said norms 3. It presents a critical analysis on the similarities and differences between the two systems and judgments. It presents some con- clusions. 

Acquisition versus greenfield in Colombia: Reviewing the effect of cultural distance and vicarious experience

2022 ◽  
pp. 147059582110644
Author(s):  
Mario Martínez-Avella ◽  
Ángela Alarcón-León ◽  
Giovanni Hernández-Salazar
Keyword(s):  
Cultural Distance ◽  
Cultural Dimensions ◽  
Vicarious Experience ◽  
Entry Modes ◽  
Direct Experience ◽  
Research Attention ◽  
Foreign Companies ◽  
Foreign Countries ◽  
The Individual

The relation between the cultural distance and the firm’s entry modes to foreign countries has received considerable research attention, and studies have shown the role of experience in this relation. However, previous research has only studied direct experience and neglected the study of vicarious experience. Using a sample of 355 foreign companies that entered Colombia (2007–2017), this research reviews the effect of cultural distance on entry mode choice (e.g., Acquisition vs. Greenfield) and examines the moderating role of vicarious experience in this relationship. The study concludes that the cultural distance positively affects the entry probability by acquisition, and the vicarious experience negatively affects this relationship in four cultural dimensions. If firms have vicarious experience, the effect of cultural distance on the acquisition probability is less and positively influences the entry probability by Greenfield when the cultural distance is in power distance, uncertainty avoidance, individualism, and long-term orientation. Nevertheless, vicarious experience has the opposite effect when considering the masculinity dimension. Consequently, we highlight the importance of considering vicarious experience as a different variable of direct experience and the individual effects of cultural distance dimensions for cross-cultural studies in management.

Disrupting Settler-Colonialism or Enforcing the Liberal ‘Peace’? Transitional (In)justice in Palestine-Israel

2021 ◽  
Vol 20 (1) ◽  
pp. 1-27
Author(s):  
Brendan Ciarán Browne
Keyword(s):  
Transitional Justice ◽  
Settler Colonialism ◽  
Status Quo ◽  
Violent Conflict ◽  
Peace Building ◽  
Liberal Peace ◽  
The Impact ◽  
Liberal Peacebuilding ◽  
Insight Into

The growing interest in ‘During Conflict Justice’ (DCJ) in areas experiencing ongoing, sustained violent ‘conflict’ has further demonstrated the confluence between transitional justice and liberal peacebuilding approaches. Nowhere so is this more evident than in the case of Palestine-Israel where an ongoing process of Israeli settler-colonialism in historic Palestine continues, with the further spotlighting of ‘justice’ issues that are longstanding and unresolved. This article critiques the application of TJ/DCJ in Palestine-Israel and calls for a radicalisation of its application so as to ensure a platforming of conversation around decolonisation. It does so by critiquing the impact of discourse, specifically the framing of the ‘conflict’ and focuses on the nefarious role of a liberal peace building agenda in Palestine-Israel, a process that has embedded a deeply unjust and inequitable status quo. An insight into several ‘top-down’ and ‘bottom-up’ strategies of TJ/DCJ in Palestine-Israel is provided, with the conclusion reached that; any TJ/DCJ praxis that does not platform meaningful conversation around decolonisation in the region will ultimately amount to the individualisation of ‘justice’ whilst failing to address root causes.

scholarly journals BEAR WITNESS: Dua Wacana Tentang Kesaksian Dan Kebenaran

2015 ◽  
Vol 14 (1) ◽  
pp. 60
Author(s):  
Karen Campbell Nelson
Keyword(s):  
Transitional Justice ◽  
Feminist Theology ◽  
Legal Discourse ◽  
Women's Experience ◽  
Judicial Discourse ◽  
History Of ◽  
Multiple Meanings ◽  
Christian Discourse ◽  
Bear Witness

The meaning of testimony and truth play an important role in both a legal/judicial discourse and a religious, particularly Christian discourse. I trace the history of testimony in legal discourse, beginning with the Hammurabi Code and its influence on ancient legal codes of Mesopotamia, including that found in the Pentateuch and continue with a discussion of multiple meanings of testimony in Augustine and French philosopher, Paul Ricœur that begin to lay the groundwork for bridging the two discourses. Contributions from feminist theology, particularly the validation of women’s experience as a source of theology, the role of immanence, and the shift from understandings of power as “power over” to “power with” as well as a transitional justice framework help make the case for dialog between these two discourses so they can enhance and strengthen each other. I include in sections of the article my own narrative to accent the theme of testimony. Keywords: Kesaksian, kebenaran, konteks hukum, pengadilan, konteks iman, hermeneutik.

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