Fighting Corruption within the Framework of Transitional Justice: The Impact on Democratic Transition in Tunisia

AlMuntaqa ◽  
2020 ◽  
Vol 3 (1) ◽  
pp. 9
Author(s):  
Nouioua
Keyword(s):  
Transitional Justice ◽  
Democratic Transition ◽  
The Impact

Grasping at Straws: Judicial Review of Legislation in Sri Lanka

ICL Journal ◽  
2020 ◽  
Vol 13 (3) ◽  
pp. 281-306
Author(s):  
Danushka S Medawatte
Keyword(s):  
Sri Lanka ◽  
Transitional Justice ◽  
Judicial Review ◽  
Descriptive Analysis ◽  
Executive Power ◽  
Sri Lankan ◽  
Legal Literature ◽  
Justice Process ◽  
Provincial Councils ◽  
The Impact

AbstractIn this paper, I attempt to examine the evolution of judicial review of legislation in Sri Lanka with a view to better understanding how it has impacted the democratic fabric and constitutional matrix of Sri Lanka. The impact that judicial review of legislation has had on rights jurisprudence, enhancement of democracy, prevention of persecution against selected groups are analysed in this paper in relation to the Ceylon Constitutional Order in Council of 1946 (‘Soulbury’ Constitution) and the two autochthonous constitutions of Sri Lanka of 1972 and 1978. The first part of the paper comprises of a descriptive analysis of judicial review of legislation under the three Constitutions. This is expected to perform a gap filling function in respect of the lacuna that exists in Sri Lankan legal literature in relation to the assessment of the trends pertaining to judicial review of legislation in Sri Lanka. In the second part of the paper, I have analysed decided cases of Sri Lanka to explore how the judiciary has responded to legislative and executive power, and has given up or maintained judicial independence. In this respect, I have also attempted to explore whether the judiciary has unduly engaged in restraint thereby impeding its own independence. The third part of the paper evaluates the differences in technique and stance the judiciary has adopted when reviewing draft enactments of the national legislature and when reviewing draft or enacted statutes of Provincial Councils. From a comparative constitutional perspective, this assessment is expected to provide the background that is essential in understanding the island nation’s current constitutional discourse, transitional justice process, and its approach to human rights.

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.

Transitional Justice and Changing Memories of the Past in Central Europe

2013 ◽  
Vol 50 (1) ◽  
pp. 24-44
Author(s):  
Roman David
Keyword(s):  
Czech Republic ◽  
Central Europe ◽  
Transitional Justice ◽  
The Czech Republic ◽  
Divided Societies ◽  
The Past ◽  
The Impact

Memories of wrongdoings are often viewed as an obstacle to reconciliation in divided societies. Is it due to the past or the present politics of the past? To examine the dilemma of essentialism versus presentism, this article investigates the impact of transitional justice on memories of wrongdoing. It theorizes that using different transitional justice strategies to deal with the same wrongdoing shapes memories in different ways. The theory is tested via vignette-based surveys in the Czech Republic, Hungary and Poland, which adopted distinct lustration laws. The results show that wrongdoing is viewed through lustration laws, reflecting present power constellations, not history.

scholarly journals “I Would Prefer to Be Famous”

2018 ◽  
Vol 28 (4) ◽  
pp. 372-390 ◽  
Author(s):  
Susanne Karstedt
Keyword(s):  
World War Ii ◽  
Comparative Analysis ◽  
Transitional Justice ◽  
International Criminal Tribunal ◽  
Crimes Against Humanity ◽  
Data Sets ◽  
World War ◽  
War Criminals ◽  
Atrocity Crimes ◽  
The Impact

The reentry of sentenced perpetrators of atrocity crimes is part and parcel of the pursuit of international and transitional justice. As men and women sentenced for war crimes, crimes against humanity and genocide by the International Criminal Tribunal for the former Yugoslavia (ICTY) and the other tribunals return from prisons into society and communities questions arise as to the impact their reentry has on deeply divided postconflict societies, in particular on victim groups. Contemporary international tribunals and courts mostly do not have penal or correctional policies of their own, and the legacy of early release, commuting of sentences and amnesties that Nuremberg and other post-World War II tribunals have left, is a particularly problematic one. Germany’s historical experience provides an analytic blueprint for understanding in which ways contemporary perpetrators return into changed and still fragile societies. This comparative analysis between Nuremberg and the ICTY is based on two data sets including information on returning war criminals sentenced in both tribunals. The comparative analysis focuses on four themes: politics of reentry, admission of guilt and justification, memoirs, and political activism.

scholarly journals Thinking Systemically About Transitional Justice, Legal Systems, and Resilience

2021 ◽  
pp. 530-550
Author(s):  
Janine Natalya Clark
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
Theory And Practice ◽  
Legal Systems ◽  
Social Environments ◽  
Human Rights Abuses ◽  
Resilience Thinking ◽  
Systemic Impact ◽  
Resilience Framework ◽  
The Impact

Transitional justice refers to the set of judicial and non-judicial processes that societies may use to deal with legacies of past human rights abuses and atrocities. While the field is rapidly expanding, to date there are almost no systematic analyses of transitional justice within a resilience framework, or vice versa. The purpose of this chapter is to address that gap and to demonstrate why resilience is highly relevant for transitional justice theory and practice. It argues that resilience thinking can enhance the impact of transitional justice on the ground, by contributing to the development of more ecological approaches to dealing with the past that locate individuals within their broader social environments. The chapter also reflects on the conceptual and empirical utility of resilience as a concept that opens up a space for analyzing the wider societal and systemic impact of legal systems more generally.

scholarly journals Mirroring transitional justice. Construction and impact of European Union ICTY-conditionality

Südosteuropa ◽  
2017 ◽  
Vol 65 (1) ◽  
Author(s):  
Niké Wentholt
Keyword(s):  
European Union ◽  
Restorative Justice ◽  
Transitional Justice ◽  
International Criminal Tribunal ◽  
The European Union ◽  
Western Balkans ◽  
Post Conflict ◽  
War Experiences ◽  
The Impact ◽  
The Eu

AbstractThe European Union (EU) developed a state-building strategy for the aspiring member states in the Western Balkans. Demanding full cooperation with the International Criminal Tribunal for the former Yugoslavia (ICTY), the EU made transitional justice part of the accession demands. Scholars have recently criticized the EU’s limited focus on retributive justice as opposed to restorative justice. This paper goes beyond such impact-orientated analyses by asking why the EU engaged with retributive transitional justice in the first place. The EU constructed ICTY-conditionality by mirroring its own post-Second World War experiences to the envisioned post-conflict trajectory of the Western Balkans. The EU therefore expected the court to contribute to reconciliation, democratization and the rule of law. Using Serbia as a case study, this article examines the conditionality’s context, specificities and discursive claims. Finally, it relates these findings to the agenda of a promising regional initiative prioritizing restorative justice (RECOM) and sheds new light on the impact of ICTY-conditionality on transitional justice in the Western Balkans.

“There's Nothing Anyone Can Do About It“: Participation, Apathy, and “Successful” Democratic Transition in Postsocialist Serbia

Slavic Review ◽  
2010 ◽  
Vol 69 (1) ◽  
pp. 41-64 ◽  
Author(s):  
Jessica Greenberg
Keyword(s):  
Lived Experience ◽  
Democratic Transition ◽  
Civic Participation ◽  
Academic Discourse ◽  
Social Progress ◽  
Normative Models ◽  
The Impact ◽  
Political Success

This article investigates rconparticipation in politics as a rich set of moral, political, and cultural engagements. Contrary to the idea of apathy as an absence of political and social progress, Jessica Greenberg argues that nonparticipation can be an expression of complex and sophisticated responses to changing sociopolitical contexts. Greenberg also examines how such responses are affected by the global deployment of normative models of democratic success and failure. Starting with both policy and academic discourse about civic participation and popular Serbian narratives about politics and European belonging, Greenberg integrates the ethnographic material from her fieldwork in Serbia to illuminate the context in which such ideas reinforce understandings of democratic policies as elitist, corrupt, morally suspect, and disempowering. In conclusion, she suggests that researchers and practitioners should interrogate their own roles in creating and deploying frameworks for political success and failure and the impact these frameworks have on the lived experience of democracy.

scholarly journals Cultivated Collaboration in Transitional Justice Practice and Research: Reflections on Tunisia’s Voices of Memory Project

2020 ◽  
Vol 14 (1) ◽  
pp. 80-101
Author(s):  
Virginie Ladisch ◽  
Christalla Yakinthou
Keyword(s):  
Participatory Action Research ◽  
Transitional Justice ◽  
Best Practice ◽  
Life Experiences ◽  
Participatory Action ◽  
Collaborative Process ◽  
Justice Practice ◽  
The Impact ◽  
Collaborative Methodology ◽  
Primary Contribution

ABSTRACT∞ The Voices of Memory project started with a fairly simple premise: to highlight women’s life experiences under dictatorship. What started as a one-week workshop in 2017 evolved into a collaborative process of co-creation – the Voices of Memory project – using creative means of expression to help raise awareness of the impact of repression on Tunisian women. A formative principle, and primary contribution of this project, was a fully collaborative methodology. In this article, we reflect on and make explicit an approach we adopted intuitively and experimentally, drawing also on best practice in participatory action research and methods of co-creation.

Measuring the impact of punishment and forgiveness: a framework for evaluating transitional justice

2006 ◽  
Vol 88 (861) ◽  
pp. 19-47 ◽  
Author(s):  
Pierre Hazan
Keyword(s):  
Human Rights ◽  
Cold War ◽  
Transitional Justice ◽  
International Criminal ◽  
International Community ◽  
Truth Commissions ◽  
Human Rights Violations ◽  
Post Cold War ◽  
International Criminal Tribunals ◽  
The Impact

Truth commissions, international criminal tribunals, reparations, public apologies and other mechanisms of transitional justice are the new mantras of the post-cold-war era. Their purpose is to foster reconciliation in societies that have experienced widespread human-rights violations and to promote reform and democracy, the ultimate aim being to defuse tension. But to what degree are these mechanisms, which are financially and politically supported by the international community and NGOs, truly effective? Very little, in fact, is known about their impact. By examining the underlying hypotheses and workings of transitional justice and proposing a series of indicators to evaluate its results, this article helps to fill the gap.

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