Part II Substantive Aspects, Ch.8 Cultural Heritage, Transitional Justice, and Rule of Law

2020 ◽  
Author(s):  
Vrdoljak Ana Filipa
Keyword(s):  
World War I ◽  
Cultural Heritage ◽  
Transitional Justice ◽  
Criminal Courts ◽  
Cultural Rights ◽  
Peace Processes ◽  
Post Conflict ◽  
Sustainable Peace ◽  
State Practice

This chapter examines the interrelationship between cultural heritage and efforts to secure and sustain peace. It gives an overview of the new international order the post–World War I and II peace settlements sought to create and the role of specialist culture bodies within intergovernmental frameworks in promoting the role of culture and cultural heritage in peace efforts. The role of culture rights and cultural heritage is considered within the transitional justice framework enunciated by the UN covering the rights to justice and accountability, truth, remedy and reparation, and guarantees of non-recurrence. Illustrations are drawn from the burgeoning jurisprudence of regional human rights courts and international criminal courts and State practice arising from the proliferation of peace processes since 1989. Finally, it considers the preventative role of cultural heritage and cultural rights in sustaining peace beyond the post-conflict context and UN/UNESCO efforts to promote a culture of sustainable peace.

scholarly journals Inclusion, Justice, and Peace in Colombia

2020 ◽  
pp. 329-344
Author(s):  
Jennifer S. Easterday
Keyword(s):  
Gender Equality ◽  
Peace Process ◽  
Peace Processes ◽  
Post Conflict ◽  
Sustainable Peace ◽  
Conflict Situations ◽  
Promote Gender Equality ◽  
Role Of Women ◽  
Just Peace

This chapter discusses the interplay between inclusion and accountability, using the Colombian peace process as an example. The chapter examines how inclusive input into the peace process, including a referendum, can shape the nature of accountability in post-conflict situations. Drawing on the ‘peace before justice’ debate, the chapter asks whether extensive inclusion can be an impediment to peace, or a guarantor of just peace. It discusses the role of women in the negotiations and the Special Jurisdiction for Peace It concludes that peace processes should be inclusive and promote gender equality to support sustainable peace.

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.

scholarly journals Complexities and Context: Women's Peace-Building in Conflict and Post-Conflict Bougainville

2021 ◽  
Author(s):  
◽  
Dylan Page
Keyword(s):  
Peace Process ◽  
United Nations Security Council ◽  
Peace Building ◽  
Peace Negotiations ◽  
Peace Processes ◽  
Post Conflict ◽  
Peace And Conflict Studies ◽  
The Pacific ◽  
Context Specific

<p>The potential role of women in conflict and post-conflict environments has been the subject of much debate in the field of peace and conflict studies. In 2000 the United Nations Security Council passed Resolution 1325, which called for a greater involvement of women and acknowledgement of gender issues in conflict and post-conflict environments, and this has led to further discussion about what this might mean and how it might be implemented. Despite this women are continually under-represented in nearly all peace processes and there is no universally agreed upon way to ensure this situation does not come about. The barriers women face range from cultural to logistical and economic, and surmounting them can be hard to achieve.  One case where women have been involved at all levels in the peace process with substantial success is the Pacific island of Bougainville, where a conflict over mining issues and secession from Papua New Guinea was waged from 1988-1997. Women were active in attempts to bring all parties to negotiations during the conflict and have also been heavily involved in the continuing reconciliation and healing processes. For cultural reasons Bougainvillean women were well placed to perform the role of peace-builders but that is not to say that they did not face challenges and barriers to their involvement. This thesis examines the involvement of women in both the immediate peace negotiations and the longer-term aspects of the peace process in Bougainville in order explain how and why they enjoyed these successes and what lessons can be learnt from this case in regards to the potential roles of women in other post-conflict environments. Four factors will be identified as key to women's involvement in the peace process: the history of Bougainville up to and including the conflict; the grassroots mobilisation and organisation of women; the traditional cultural roles of women in Bougainville; and the identification of women with motherhood and its associated traits.  These factors indicate that the involvement of women in peace processes is highly context-specific and although there are policies which can be pursued to encourage their participation the potential barriers to this are imposing.</p>

Taking Stock

2020 ◽  
pp. 268-288
Author(s):  
Dawnie Steadman ◽  
Sarah Wagner
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
Forensic Genetics ◽  
International Committee ◽  
Red Cross ◽  
Legal Standards ◽  
Missing Persons ◽  
Post Conflict ◽  
Ethnographic Analysis

This chapter explores the evolving role of forensic genetics in human rights investigations and as a technology of postmortem identification for missing persons in ongoing conflict and post-conflict societies. How has DNA’s increasingly privileged place as a line of evidence impacted the field in terms of both medico-legal standards and heightened expectations among surviving kin and their communities? Drawing on interviews with leading figures in the field of forensic science and human rights/transitional justice (e.g., the International Commission on Missing Persons, the International Committee of the Red Cross, the Equipo Argentino de Antropología Forense, and the Colibrí Center for Human Rights), buttressed by ethnographic analysis of exhumation and identification efforts in Bosnia and Herzegovina and Uganda, the chapter provides an overview and commentary about the technology’s complicated place in unearthing truths and effecting repair.

Back to the Future? Confronting the Role(s) of Natural Resources in Armed Conflict Through the Lenses of Truth and Reconciliation Commissions

2017 ◽  
Vol 19 (4-5) ◽  
pp. 373-400
Author(s):  
Eliana Cusato
Keyword(s):  
Natural Resources ◽  
Transitional Justice ◽  
Armed Conflict ◽  
Truth And Reconciliation ◽  
Sierra Leonean ◽  
Post Conflict ◽  
Truth And Reconciliation Commissions ◽  
The Future ◽  
Conflict Strategies

Abstract Natural resources are critical factors in the transition from conflict to peace. Whether they contributed to, financed or fuelled armed conflict, failure to integrate natural resources into post-conflict strategies may endanger the chances of a long-lasting and sustainable peace. This article explores how Truth and Reconciliation Commissions (trcs), as transitional justice institutions, can contribute to addressing the multifaceted role of natural resources in armed conflict. Drawing insights from the practice of the Sierra Leonean and Liberian trcs in this area, the article identifies several ways in which truth-seeking bodies may reinforce post-conflict accountability and avoid the future reoccurrence of abuses and conflict by actively engaging with the natural resource-conflict link. As it is often the case with other transitional justice initiatives, trcs’ engagement with the role of natural resources in armed conflict brings along opportunities and challenges, which are contextual and influenced by domestic and international factors.

Towards Restorative Sentencing in International Criminal Trials

2009 ◽  
Vol 9 (5) ◽  
pp. 809-832 ◽  
Author(s):  
Ralph Henham
Keyword(s):  
Transitional Justice ◽  
International Criminal ◽  
Judicial Discretion ◽  
Discretionary Power ◽  
Criminal Trials ◽  
Post Conflict ◽  
Trial Outcomes ◽  
Trial Structure ◽  
International Criminal Trials

AbstractThis article considers how sentencing might be re-conceptualised if restorative justice became a more integral part of the rationale for international criminal trials. More specifically, it focuses on issues of admissibility and proof; trial structure; procedural justice; the role of victims and trial professionals, and the role of judicial discretionary power in sentencing decisions. The paper concludes by suggesting that change is possible by utilising judicial discretion as a force for developing more restorative trial outcomes and dealing effectively with inconsistency, appeal and the enforcement of sentences. More broadly, such changes should be seen as an opportunity for international trial outcomes to engage more directly with the challenges of facilitating transitional justice in post-conflict states.

scholarly journals 17. Criminology and transitional justice

2017 ◽  
Author(s):  
Kieran McEvoy ◽  
Ron Dudai ◽  
Cheryl Lawther
Keyword(s):  
Social Control ◽  
Restorative Justice ◽  
Transitional Justice ◽  
Research Agenda ◽  
Critical Discussion ◽  
Post Conflict ◽  
The Social ◽  
To Come ◽  
The Relationship

This chapter explores the intersection between criminology and transitional justice. The chapter begins with a critical discussion on the utility of criminological scholarship from settled democracies to the exceptional circumstances of post-conflict or post-authoritarian societies. It then explores a range of debates related to the punishment of offenders in such contexts including the role of prosecutions, amnesties, the reintegration of former combatants, and the role of restorative justice. The chapter next considers the social and political construction of victimhood in transitional contexts including competing notions of the ‘idealized’ victim. The relationship between transitional justice and social control is then examined including the importance of countering denial, the relationship between deviance and memory and the particular contribution of efforts ‘from below’ to counter elites-level narratives on past abuses. The chapter concludes that a criminology of transitional justice provides the basis for revisiting some of the foundational questions on responding to crime and justice in the most challenging of settings—a sobering but intellectually rich research agenda for years to come.

scholarly journals Sustaining the Women, Peace, and Security Agenda: The Role of UN Peacekeeping in Africa

2020 ◽  
pp. 103-121
Author(s):  
Lisa Sharland
Keyword(s):  
Peace Operations ◽  
Peace Processes ◽  
Sustainable Peace ◽  
Un Peacekeeping ◽  
Women's Participation ◽  
Peace Operation ◽  
Challenges And Opportunities ◽  
Women And Girls

Abstract Peacebuilding is less likely to succeed without the participation and consideration of women. In the last two decades, peace operations deployed on the African continent under the banner of the United Nations and the African Union have included mandates focused on strengthening women’s participation in peace processes, ensuring the protection of women and girls, and integrating gender considerations into the approach of missions at building sustainable peace. This chapter examines the approaches undertaken in two case study countries—Liberia (where a long-standing UN peace operation has recently departed) and South Sudan (where a UN peace operation continues to operate with significant constraints)—in order to examine some of the challenges and opportunities that UN engagement has offered in terms of advancing equality and women’s security in each country.

Using a Framework of Human Rights and Transitional Justice for Post-Conflict Environmental Protection and Remediation

2017 ◽  
Author(s):  
Karen Hulme
Keyword(s):  
Human Rights ◽  
Environmental Protection ◽  
Transitional Justice ◽  
Environmental Remediation ◽  
Resource Depletion ◽  
Environmental Damage ◽  
Cultural Rights ◽  
Post Conflict ◽  
Legal Obligations ◽  
Review State

The chapter analyses examples of post-conflict environmental damage and suggests how human rights legal mechanisms could provide vital assistance in their remedy. Environmental remediation in the post-conflict context tends to emanate from environmental obligations, if it is recognized at all. Transitional justice mechanisms and human rights obligations, however, are developing in terms of environmental protection. Environmental damage is, clearly, a human rights issue, especially in the protection of survival resources, such as water and food, as well as health—which are vital in a post-conflict context. Human rights can also help address toxic remnants and natural resource depletion. With the expansion of economic, social, and cultural rights to incorporate environmental dimensions, and even what would traditionally be viewed as pure environmental concerns at times, such a framework could provide strong legal obligations on states to undertake environmental clean-up and restoration—and strong mechanisms to review state actions and ensure environmental remediation.

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