scholarly journals Towards a minimal conception of Transitional Justice

2021 ◽  
pp. 1-23
Author(s):  
Valentina Gentile ◽  
Megan Foster

Abstract Transitional Justice (TJ) focuses on the processes of dealing with the legacy of large-scale past abuses (in the aftermath of traumatic experiences such as war or authoritarianism) with the aim of fostering domestic justice and creating the basis for a sustainable peace. TJ however also entails the problem of how a torn society may be able to become a self-determining member of a just international order. This paper presents a minimal conception of TJ, which departs from Rawls' conception of normative stability of the international order, which suggests disentangling the two goals of fostering democracy within torn societies and TJ itself. The scope of TJ is therefore limited to enabling these societies to create minimal internal conditions for joining a just international order on equal footing. This paper makes an original contribution to two different debates, namely normative research on TJ, and post-Rawlsian literature in general. First, it provides a new direction for normative theorizing about TJ which takes both its domestic and international dimensions seriously into consideration. Second, it extends Rawls' political liberal outlook to an area where it is not usually understood to apply.

Author(s):  
Andrew H. Campbell

Over time, political and social theorists have struggled to understand the constructive pathways of preventing, mediating, and transitioning societies away from conflict toward sustainable peace. The thread linking leadership with transitional justice instruments is the ontological and epistemological understanding of how to direct judicial strategies toward deterring interstate and intrastate violent activities. In today's environment, the emerging study of transitional justice is recognized as a staple for nation-building, democratic reform, and peacebuilding. This chapter addresses leadership and its role in the transitional justice system. Moreover, this presentation provides a leadership model for transitional justice practitioners as a means to influence deterrence measures and as a potential resolution of today's global judicial challenges with long-term international security implications.


2015 ◽  
Vol 27 (4pt2) ◽  
pp. 1399-1416 ◽  
Author(s):  
Helen L. Fisher ◽  
Avshalom Caspi ◽  
Terrie E. Moffitt ◽  
Jasmin Wertz ◽  
Rebecca Gray ◽  
...  

AbstractThis paper presents multilevel findings on adolescents' victimization exposure from a large longitudinal cohort of twins. Data were obtained from the Environmental Risk (E-Risk) Longitudinal Twin Study, an epidemiological study of 2,232 children (1,116 twin pairs) followed to 18 years of age (with 93% retention). To assess adolescent victimization, we combined best practices in survey research on victimization with optimal approaches to measuring life stress and traumatic experiences, and introduce a reliable system for coding severity of victimization. One in three children experienced at least one type of severe victimization during adolescence (crime victimization, peer/sibling victimization, Internet/mobile phone victimization, sexual victimization, family violence, maltreatment, or neglect), and most types of victimization were more prevalent among children from low socioeconomic backgrounds. Exposure to multiple victimization types was common, as was revictimization; over half of those physically maltreated in childhood were also exposed to severe physical violence in adolescence. Biometric twin analyses revealed that environmental factors had the greatest influence on most types of victimization, while severe physical maltreatment from caregivers during adolescence was predominantly influenced by heritable factors. The findings from this study showcase how distinct levels of victimization measurement can be harmonized in large-scale studies of health and development.


2021 ◽  
pp. 11-16
Author(s):  
Nekane Basabe ◽  
Darío Páez

This monograph aims to disseminate the results of various research studies carried out in the field of social and community psychology. The studies focus on efforts to build a culture of peace in post-conflict contexts and societies that have suffered collective and socio-political violence, with multiple and persistent human rights violations. Six studies on the psychosocial effects of transitional justice rituals from Argentina, Colombia, Brazil, Basque country, Chile, and Ecuador compose this issue. This issue presents a series of results regarding the effects of reparation rituals and Truth Commissions, combining different methods and analysis strategies, including general population surveys, newspaper and social media content analysis, community intervention assessments and qualitative documentary analysis. Finally, two review books were included. First, a Peace Psychology Book that explores the implications and difficulties faced by societies that have experienced large-scale collective violence. Second, the problem of human rights violations and how to confront them, socio-political conflicts and the building of a culture of democracy and peace in Latin America are transversal axes of the chapters of this second book.


Author(s):  
José Antonio García Sáez

Resumen: Guerra y paz pueden ser pensadas como dos momentos que están destinados a sucederse alternativamente dentro la historia de las relaciones internacionales. Pero también cabe la esperanza de que a través del desarrollo de un orden internacional fuerte pueda conseguirse una paz perpetua o, cuanto menos, duradera. A ese fin han destinado sus esfuerzos numerosos juristas cuyas obras pueden ser enmarcadas dentro del pacifismo jurídico. En este texto se tratará de ordenar los rasgos característicos de esta posición, tomando como división central aquella que separa los autores que han apostado por la prohibición de la guerra de aquellos que han apostado por su progresiva superación. Ambas posiciones compartirán su preferencia por el fortalecimiento de las instituciones internacionales, además de una cierta vocación cosmopolita. Palabras clave: Pacifismo jurídico, guerra, paz, filosofía del derecho internacional. Abstract: War and peace could be thought as two moments bound to succeed each other within the history of international relations. But there is also room for the hope in a perpetual or, at least, sustainable peace thorough the development of a strong international order. Several legal scholars, whose works can be labelled inside the legal pacifism, have devoted their efforts to that end. This paper tries to put some order about the main features of legal pacifism. It takes as a central division their position towards war: some legal pacifists have defended the total outlawry of war, while others have considered preferable a progressive overcoming of war. Both positions will share the preference for strength the international institutions, together with a certain degree of cosmopolitan commitment. Keywords: legal pacifism, war, peace, philosophy of international law.


2020 ◽  
pp. 211-232
Author(s):  
Tetsuya Okada ◽  
Serhii Cholii ◽  
Dávid Karácsonyi ◽  
Michimasa Matsumoto

Abstract This chapter provides case studies on disaster recovery in the context of community participation. It presents two cases that explore, compare and contrast the nuclear disasters in Chernobyl and Fukushima. Despite differences in the socio-economic circumstances between the Soviet Union (Soviet–Ukraine) in 1986 and Japan in 2011, the Chernobyl and Fukushima disasters provide an opportunity to discuss power relations in disaster management and the role of local communities. These large-scale nuclear disasters are amongst the most traumatic experiences for the disaster-impacted communities worldwide. This chapter discusses the implementation of relocation and resettlement measures with socio-political power relations within and between the stakeholders. The combination of these is shown to significantly affect the everyday lives of those within the communities throughout the recovery process. Along with government documentation, the interviews with evacuees, community leaders and decision-makers conducted between 2012 and 2016 form the basis of the case studies discussed in this chapter.


2021 ◽  
pp. 351-368
Author(s):  
Diana Acosta-Navas

This chapter highlights one of the classical and most disputed debates in transitional literature: the ethical justification of the transitional justice measures, as opposed to its legal dimensions. By employing a conceptual analysis to spell out the 'retributive' and 'holistic' conceptions of justice, it argues that both views fail to fully tailor their normative framework to the empirical conditions in which such institutions are implemented (e.g. large-scale wrongdoings and institutional weakness). In this sense, the chapter draws out a proposal that synthesizes the motivating concerns behind both positions, and attempts to overcome the diagnosed flaws, by drawing a conceptual bridge between the two opposing views. Rather than advocating for one position or the other, it tries to articulate the crucial insights of both views in light of the victims' right to justice. It suggests that transitional justice measures should be oriented towards creating appropriate conditions to enable and legitimize the future exercise of standardized procedures for redress.


Author(s):  
Jan Eijking

Abstract The French political theorist Henri de Saint-Simon is largely absent from historical International Relations (IR). This article shows why this is unwarranted and introduces him as an international thinker who made lasting contributions to IR's modern conceptual imagination. Largely responding to the French Revolution Saint-Simon rethought the parameters of international order, imagining the international as a realm separable from national politics and conformable to human agency. International order, on his account, could be actively created. This could take the shape of legislation, trade, or large-scale engineering projects: of new methods of governance. Based on a close reading of texts rarely brought into IR’s focus, this article introduces Saint-Simon as a thinker who cut across traditional IR divides and developed a central actor category of international order: impartial, knowledge-based agents of change. His understanding of international reform not only made it possible to theorize and experiment with a role in global governance for technical experts but also masked the imperial underpinnings of the international projects these experts facilitated. The article makes the case that Saint-Simon deserves a firm place in historical IR, that his thought presents an opportunity for revisiting widely held assumptions about international authority, and that a discernible Saint-Simonian strand of international thought puts typically liberal histories of global governance in question.


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