Rule of Law, Security, and Transitional Justice in Fragile and Conflict-Affected Societies

2018 ◽  
Author(s):  
Anja Mihr ◽  
Chandra Sriram Lekha
Keyword(s):  
Rule Of Law ◽  
Transitional Justice ◽  
Truth Commissions ◽  
Law Reform ◽  
Security Sector ◽  
The Past ◽  
Post Conflict ◽  
Knowing That ◽  
The Many

States are expected to provide both security and justice for their citizens; one needs the other in order to work well. Yet when both are damaged or destroyed by war, state actors and outsiders alike tend to treat them as competing post-conflict priorities. Over the past twenty years, numerous processes have emerged to promote one or both, including “transitional justice”—from courts and truth commissions to community reconciliation—and programs to restore rule of law, reform the “security sector” (SSR) and disarm, demobilize, and reintegrate fighters into society (DDR). The many actors involved have just as many, sometimes competing, operational priorities, knowing that change is urgent, but necessarily long-term. This chapter examines the interaction of transitional justice, rule of law, SSR, and DDR, identifying key concepts, actors, processes, and challenges in pursuing change in each of these areas simultaneously.

Why Political Appointments to Truth Commissions Cause Difficulties for these Institutions: Using the Crisis in the Transitional Justice Process in Nepal to Understand How Matters of Legitimacy and Credibility Undermine Such Commissions

2020 ◽  
Vol 12 (2) ◽  
pp. 444-470
Author(s):  
Jeremy Sarkin ◽  
Ram Kumar Bhandari
Keyword(s):  
Transitional Justice ◽  
International Standards ◽  
Truth Commissions ◽  
Moral Integrity ◽  
Divided Societies ◽  
The Past ◽  
Post Conflict ◽  
The World ◽  
Justice Process ◽  
Political Appointments

Abstract Over five decades and with dozens of examples of truth commissions to look back on, an undeniable aspect of their legacy is that the world has become far more focused on dealing with the past and uncovering the truth about past atrocities. While there is typically a focus in the literature on the more widely publicized and famous truth commissions, scores of other processes have taken place, especially since the 1990s. Post-conflict or divided societies have designed institutions in ways that achieve specific objectives but at the same time conform to international standards, creating a reputation of being both democratic and accountable. Using the prism of Nepal, this article examines why the process to establish transitional justice mechanisms, and specifically truth commissions, needs to be legitimate and credible for them to be effective and be impactful. It specifically examines issues relating to appointments to such institutions and why such appointments need to be done independently and not overtly politically. It scrutinizes why appointment mechanisms and processes are so important to enhancing the legitimacy and independence of such bodies. The case of Nepal is used as an example to extrapolate conclusions about the problems that affected its processes, and the various crises that have emerged in those processes. The article argues that commissioners ought to be chosen on the basis of their impartiality, moral integrity, and known commitment to human rights and disclosure of the truth. This is essential to ensure that the process is seen to be independent and credible.

Reckoning with Past Wrongs: A Normative Framework

1999 ◽  
Vol 13 ◽  
pp. 43-64 ◽  
Author(s):  
David A. Crocker
Keyword(s):  
Rule Of Law ◽  
Transitional Justice ◽  
Ethical Issues ◽  
Moral Norms ◽  
Critical Dialogue ◽  
The Rule Of Law ◽  
The Past ◽  
Past Wrongs ◽  
Do So

This essay formulates eight goals that have emerged from worldwide moral deliberation on “transitional justice” and that may serve as a useful framework when particular societies consider how they should reckon with violations of internationally recognized human rights. These goals include: truth, a public platform for victims, accountability and punishment, the rule of law, compensation to victims, institutional reform and long-term development, reconciliation, and public deliberation.These eight goals are used to identify and clarify (1) the variety of ethical issues that emerge in reckoning with past wrongs, (2) widespread agreements about initial steps for resolving each issue, (3) leading options for more robust solutions of each issue, and (4) ways to weight or trade off the norms when they conflict. The aim is to show that there are crucial moral aspects in reckoning with the past and to clarify, criticize, revise, apply, and diffuse eight moral norms. These goals are not a “one-size-fits-all” blueprint but rather a framework by which societies confronting past atrocities can decide–through cross-cultural and critical dialogue–what is most important to accomplish and the morally best ways to do so.

Stakeholder Theory and Justice Issues: The Leap from Business Management to Contemporary International Law

2010 ◽  
Vol 10 (2) ◽  
pp. 143-180
Author(s):  
Bronik Matwijkiw ◽  
Anja Matwijkiw
Keyword(s):  
United Nations ◽  
International Law ◽  
Stakeholder Theory ◽  
Rule Of Law ◽  
Transitional Justice ◽  
Business Management ◽  
Secretary General ◽  
The Rule Of Law ◽  
Post Conflict ◽  
The United Nations

AbstractIn this article, the two authors examine the leap from business management to contemporary international law in the context of stakeholder theory. Because stakeholder theory was developed for business management, they provide a thorough account of the original framework. Furthermore, to illustrate the theory's application as a recently adopted parameter for the United Nations, they use former Secretary-General Kofi Atta Annan's 2004-report to the Security Council, "The Rule of Law and Transitional Justice in Conflict and Post-Conflict Societies". Proceeding on the hypothesis that while all premises ultimately match traditional positions in general jurisprudence, it appears that stakeholder theory nevertheless forces the United Nations to take sides in an unprecedented manner, especially pertaining to rights-typology and the credentials-checking for this. Finally, some of the most important implications are distilled as part of an attempt to formulate a few recommendations for United Nations justice managers and administrators.

Afterword

2021 ◽  
pp. 244-248
Author(s):  
Michael J. Rosenfeld
Keyword(s):  
Social Change ◽  
Gay Rights ◽  
Marriage Equality ◽  
Short Term ◽  
The Past ◽  
The Many ◽  
The U.S ◽  
The Way

Gay rights and marriage equality have advanced so far in the U.S. in the past decade that it would be all too easy to assume that the struggle is over. The opponents of gay rights, however, remain powerful. Readers can take inspiration from how dramatically attitudes toward gay rights have liberalized in the past two decades and how transformative the liberalization of attitudes has been. We live in a world where political lies often seem to have the upper hand. It is worth remembering that despite the many short term advantages that lies can yield in politics, the truth has some long term advantages as well. The way the marriage equality movement prevailed should be a lesson to anyone who wants to make progressive social change.

‘We have long memories in this area’: Ulster Defence Regiment place-memory along the Irish border

2020 ◽  
pp. 175069802092145
Author(s):  
Joseph S Robinson
Keyword(s):  
Northern Ireland ◽  
Political Violence ◽  
Transitional Justice ◽  
Political Change ◽  
Large Body ◽  
Political Space ◽  
The Past ◽  
Place Memory ◽  
Post Conflict ◽  
Time Away

A large body of literature assumes post-conflict societies can and should mediate public memory towards frames conducive to a reconciled future. However, this article argues that such a drive marginalises survivors of political violence who narrate the past as still-present wounds. The linear temporality of transitional justice presumes an idealised trajectory through time, away from violence and towards reconciliation. However, this idealised temporality renders anachronistic survivors who depend on the prolongation of traumatic pasts for the possibility of political change. Using the case of former Ulster Defence Regiment in Northern Ireland, this article examines this prolongation through the lens of Ulster Defence Regiment survivors’ resistant place-memory along the Southwest run of the Irish border. Through the performative retemporalisation of everyday places and landscapes, survivors demand that their resistant memories and narrative frames of past violence still belong and still have active political resonance in transitional political space.

Rwanda

2017 ◽  
Author(s):  
Doris Buss ◽  
Jerusa Ali
Keyword(s):  
Best Practices ◽  
Political Participation ◽  
Transitional Justice ◽  
Public Life ◽  
Social Outcomes ◽  
Post Conflict ◽  
Women's Participation ◽  
Female Politicians

Since the end of the genocide and civil war in Rwanda, various measures have been implemented to facilitate women’s political participation. This chapter looks to post-conflict Rwanda as a case study in the successes and limitations in efforts to increase women’s participation in public life. The chapter details the desired outcomes of increased political participation by women before turning to the Rwandan example. It argues that while the increased presence of women in public life has resulted in some positive economic, political, and social outcomes, the power of female politicians is largely limited and has not resulted in sustainable or equitable long-term policies. The chapter concludes that while Rwanda has formally adopted many of the international best practices of transitional justice, its overall gains in women’s participation are more uneven, contradictory, and nonlinear than is often recognized.

scholarly journals The Privilege Against Self-Incrimination in Truth Commission-Administered Accountability Initiatives

2016 ◽  
Vol 30 (1) ◽  
pp. 155-176
Author(s):  
ALISON BISSET
Keyword(s):  
Transitional Justice ◽  
Truth Commissions ◽  
Truth Commission ◽  
Individual Rights ◽  
Legal Standards ◽  
Justice Practice ◽  
Peace And Reconciliation ◽  
Accountability Initiatives ◽  
Made In

AbstractIn recent times, transitional justice practice has increasingly seen truth commissions tasked with administering accountability programmes, distinct from, and in addition to, their traditional truth-seeking role. Such accountability schemes typically take the form of granting or recommending amnesty for those who disclose involvement in past crimes or facilitate reintegration on the basis of similar disclosures. Self-incriminating disclosures made in the course of traditional truth commission proceedings generally attract a robust set of legal safeguards. However, the protections within transitional accountability schemes administered by truth commissions tend to be less stringent. This article explores this anomaly, focusing particularly on the extent to which the privilege against self-incrimination is protected within truth commission-administered accountability programmes. It considers the programmes operated to date, and the levels of protection afforded, and demonstrates a lack of consistent practice in the safeguarding of individual rights within these programmes. It examines international legal standards on the privilege against self-incrimination and questions whether the procedures operated by accountability programmes can be reconciled with international norms in order to protect those who make self-incriminating disclosures within accountability initiatives. The article argues that a failure to ensure individual rights against self-incrimination risks compromising the efficacy of the programmes themselves and the contribution that they can make to long-term peace and reconciliation in transitional states.

scholarly journals Prospects for the Implementation of Transitional Justice in Ukraine

2021 ◽  
Author(s):  
Oleksandra CHUBINIDZE
Keyword(s):  
Transitional Justice ◽  
Truth Commissions ◽  
Institutional Reforms ◽  
Modern Approach ◽  
Military Conflict ◽  
Post Conflict ◽  
Official Statement ◽  
Legal Model ◽  
Historical Truth ◽  
First Time

The study examines the features of transitional justice. The author gives definitions and goals of this concept. As it was noted by the scientists Ovcharenko and Shcherbaniuk, transitional justice includes judicial and extrajudicial mechanisms, such as prosecution, compensation, truth commissions, institutional transformations, and a combination of the above. For the first time, the content, main elements, and mechanisms of transitional justice are described in detail, which is considered in the context of the simultaneous transformation of Ukrainian society from an authoritarian past to a democratic present and from military conflict to post-conflict. Referring to Arkadiy Bushchenko (2017) transitional justice, as a model of society's transition from authoritarian to democratic, and from armed conflict to post-conflict, is currently the most modern approach to solving the problems that Ukraine has been dealing with since the end of 2013. Therefore, given this understanding, there is a prospect of developing a national legal model for the implementation of the basic principles of transitional justice. With the ultimate goal of the process of reconciliation in society, the concept of transitional justice involves the simultaneous operation of the state in four areas: effective criminal prosecutions, reparations, institutional reforms, and official statement of historical truth.

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