Transitional Justice in International Norms and Practices

2021 ◽  
pp. 17-28
2016 ◽  
Vol 30 (3) ◽  
pp. 621-643 ◽  
Author(s):  
Anna Di Lellio

At different times, and for different reasons, Kosovo informal and organized women’s networks have dealt with wartime sexual violence in different ways: they have followed either a strategy of silence or one of speech. Throughout, they have struggled to disentangle gender from ethnicity, straddling the line between a deep connection with local culture and domestic and international norms and agendas. This article tells their story, which in broader terms is the story of the subjectivity of women’s rights activists—domestic and international—as it connects with the normative framework of transitional justice. The case of Kosovo shows that transitional justice meaningfully engages local actors as a human rights project sensitive to political change, more than as a “toolkit” which packages truth, reconciliation and justice with recipes for implementation. The case of Kosovo also confirms that lobbying by women’s networks is crucial to the inclusion of women’s perspectives in transitional justice, and that the exclusion of women from decision making results in a net loss for women’s concerns. I would take the argument even further, and suggest that the inclusion of women and their agendas, as well as the struggle by women’s networks for inclusion, is necessary for human rights transformation.


2020 ◽  
Vol 46 (4) ◽  
pp. 534-554
Author(s):  
Alexander Beresford ◽  
Daniel Wand

AbstractWithin international relations the normative agency of African actors is often downplayed or derided. This article develops the concept of bricolage to offer a novel understanding of norm development and contestation in international relations, including the role African actors play in this. We contend that a norm's core hypothesis can be thought of as the nucleus of a norm. In the case of complex international norms, if this core hypothesis is sufficiently vague and malleable, the norm will continue to attract a range of actors who may claim to share a commitment to enacting the core hypothesis even if they simultaneously promote a variety of potentially conflicting and contradictory meanings-in-use of the norm when doing so. Each meaning-in-use, we argue, might be thought of as a product of bricolage: a process of combining and adapting both new and second-hand materials, knowledges, values, and practices by an actor to address a problem in hand. Through a detailed study of the contestation of transitional justice between South Africa and the International Criminal Court, we elucidate how bricolage can help to illuminate the normative agency of African actors in shaping transitional justice. Processes of bricolage add complexity and potentially confusion to a norm's development, but bricolage also offers the potential for a creative and dynamic means by which a range of actors can inject pluralism, dexterity, and vitality into debates about a norm's meaning and operationalisation.


Dark Pasts ◽  
2018 ◽  
pp. 1-13
Author(s):  
Jennifer M. Dixon

This chapter introduces the book’s core questions, summarizes the stakes of inquiry, introduces the two narratives analyzed in the book, outlines the central argument, and situates this study in relation to existing scholarship on memory, transitional justice, and international norms. Given the challenges of reckoning with the past, what are the sources of continuity in states’ narratives of dark pasts, and when and why do states choose to change such narratives? To answer these questions, this book analyzes the trajectories over the past sixty years of Turkey’s narrative of the Armenian Genocide and Japan’s narrative of the Nanjing Massacre and the Second Sino-Japanese War. Extrapolating from this analysis, the book argues that international pressures increase the likelihood of change in official narratives of dark pasts, while domestic considerations determine the content of such change.


Dark Pasts ◽  
2018 ◽  
pp. 162-172
Author(s):  
Jennifer M. Dixon

This chapter reviews the book’s argument, assesses divergences in the two narratives’ trajectories, analyzes the effects of international norms, and discusses the implications of this research. The first part of the chapter argues that the greater degree of domestic contestation and differences in the nature of international pressures help account for the greater changes in Japan’s narrative, while the intensity of Turkish officials’ concerns about territory, compensation, legitimacy, and identity account for stronger continuities in Turkey’s narrative. The chapter then unpacks the ways in which international norms – of truth-telling and accountability and against genocide – have influenced the politics of memory, underscoring norms’ complex and multivalent effects. The chapter concludes with a discussion of the ways in which the book moves beyond prevailing approaches to memory and transitional justice, illuminating the politics inherent in official historiography and the ways in which historical accounts – as instantiated in official narratives – themselves affect politics.


2010 ◽  
Author(s):  
Allison Alexy ◽  
Sarah Lebaron von Baeyer ◽  
C. Claus
Keyword(s):  

2020 ◽  
Vol 12 (7) ◽  
pp. 774-784
Author(s):  
Serge Caparos ◽  
Eugène Rutembesa ◽  
Emmanuel Habimana ◽  
Isabelle Blanchette

2018 ◽  
Vol 26 (2) ◽  
pp. 205-226
Author(s):  
Bonolo Ramadi Dinokopila ◽  
Rhoda Igweta Murangiri

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.


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