Transitional Justice and Peace Building: Diagnosing and Addressing the Socioeconomic Roots of Violence through a Human Rights Framework

2008 ◽  
Vol 2 (3) ◽  
pp. 331-355 ◽  
Author(s):  
L. J. Laplante
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
Peace Building

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.

Os crimes contra os direitos humanos praticados na ditadura militar brasileira: Justiça de transição e persecução penal

2020 ◽  
Author(s):  
Marcos José Pinto
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Transitional Justice ◽  
Criminal Prosecution ◽  
Military Dictatorship ◽  
Criminal Offenders ◽  
State Agents ◽  
Democratic Rule

This book aims to analyze the crimes against human rights that offended the Democratic Rule of Law in Brazil, committed by state agents in the Brazilian military dictatorship (1964/1985), asserting that they remained unpunished. In view of this, to address this issue, it is proposed that criminal offenders be held liable. The issue of our slow Transitional Justice will also be examined, arguing for the criminal prosecution of state agents who violated human rights in Brazil, demonstrating how and how this can occur, all in order to move away from impunity, hitherto guaranteed by the Brazilian Amnesty Law, ensuring the effectiveness of justice and the strengthening of democracy.

scholarly journals Fit-for-Purpose Land Administration in Violent Conflict Settings

Land ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 139
Author(s):  
Clarissa Augustinus ◽  
Ombretta Tempra
Keyword(s):  
Transitional Justice ◽  
Democratic Republic ◽  
Democratic Republic Of Congo ◽  
Violent Conflict ◽  
Peace Building ◽  
Land Administration ◽  
Post Conflict ◽  
Conflict Settings ◽  
Displaced People ◽  
Fit For Purpose

According to the United Nations (UN) Refugee Agency, there were 79.5 million forcibly displaced people worldwide by the end of 2019. Evictions from homes and land are often linked to protracted violent conflict. Land administration (LA) can be a small part of UN peace-building programs addressing these conflicts. Through the lens of the UN and seven country cases, the problem being addressed is: what are the key features of fit-for-purpose land administration (FFP LA) in violent conflict contexts? FFP LA involves the same LA elements found in conventional LA and FFP LA, and LA in post conflict contexts, as it supports peace building and conflict resolution. However, in the contexts being examined, FFP LA also has novel features as well, such as extra-legal transitional justice mechanisms to protect people and their land rights and to address historical injustices and the politics of exclusion that are the root causes of conflict. In addition, there are land governance and power relations’ implications, as FFP LA is part of larger UN peace-building programs. This impacts the FFP LA design. The cases discussed are from Darfur/Sudan, Democratic Republic of Congo, Honduras, Iraq, Jubaland/Somalia, Peru and South Sudan.

Lois Mémorielles in Post-Genocide Societies: The Rwandan Law on Genocide Ideology under International Human Rights Law Scrutiny

2014 ◽  
Vol 27 (2) ◽  
pp. 419-445 ◽  
Author(s):  
PIETRO SULLO
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
Freedom Of Expression ◽  
European Countries ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
The Law ◽  
Human Rights Standards

AbstractThis article discusses the Rwandan Law 18/2008 on genocide ideology in the light of international human rights standards. In order to put the genocide ideology law into context, it sketches a brief overview of the post-genocide scenario. Because of the influence that provisions restricting freedom of expression aimed at fighting negationism might exert on testimonies during genocide trials, it pays particular attention to the transitional justice strategies adopted in Rwanda. Finally, it assesses the law on the genocide ideology against the background provided by the measures implemented in some European countries to deal with the phenomenon of negationism.

Criminal Justice Reform in a Transitional Context: Restorative Youth Conferencing in Northern Ireland

2012 ◽  
Vol 12 (3) ◽  
pp. 549-572 ◽  
Author(s):  
David O’Mahony
Keyword(s):  
Civil Society ◽  
Criminal Justice ◽  
Northern Ireland ◽  
Restorative Justice ◽  
Transitional Justice ◽  
Justice System ◽  
Peace Building ◽  
Youth Justice ◽  
Criminal Justice Reform ◽  
Transitional Environment

This article examines the incorporation of restorative principles and practices within reforms of Northern Ireland’s youth justice system, adopted following the peace process. It considers whether restorative justice principles can be successfully incorporated into criminal justice reform as part of a process of transitional justice. The article argues that restorative justice principles, when brought within criminal justice, can contribute to the broader process of transitional justice and peace building, particularly in societies where the police and criminal justice system have been entwined in the conflict. In these contexts restorative justice within criminal justice can help civil society to take a stake in the administration and delivery of criminal justice, it can help break down hostility and animosity towards criminal justice and contribute to the development of social justice and civic agency, so enabling civil society to move forward in a transitional environment.

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.

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