scholarly journals Perdamaian atau Keadilan? Transformasi untuk Perempuan di Wilayah Konflik dan Pascakonflik di Papua dan Aceh

2021 ◽  
Vol 26 (3) ◽  
pp. 173-184
Author(s):  
Sri Lestari Wahyuningroem
Keyword(s):  
Transitional Justice ◽  
Main Question ◽  
Structural Injustice ◽  
Post Conflict

In conflict or post-conflict contexts, women experience layered violence: both daily and structural. The two main approaches commonly used in studies and programs in both contexts are peace and transitional justice. Both give a focus on violence experienced by women, but are not sufficient to provide analysis and solutions to the occurrence of structural injustice experienced by women. This paper is a reflection of the long journey of the author’s involvement in both approaches. The main question of this paper is: how can peace and transitional justice provide solutions to transform structural injustices experienced by women in conflict and post-conflict areas? Where to start?

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 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.

Transitional Justice, Truth and Reconciliation: An Under-Explored Relationship

2011 ◽  
Vol 11 (2) ◽  
pp. 241-261 ◽  
Author(s):  
Janine Natalya Clark
Keyword(s):  
Empirical Research ◽  
Transitional Justice ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Evidence Based ◽  
Criminal Trials ◽  
Truth And Reconciliation ◽  
Post Conflict ◽  
Truth And Reconciliation Commissions ◽  
Conflict Reconciliation

AbstractMuch of the literature on transitional justice suffers from a critical impact gap, which scholars are only now beginning to address. One particular manifestation of this aforementioned gap, and one which forms the particular focus of this article, is the frequently-cited yet empirically under-researched claim that "truth" fosters post-conflict reconciliation. Theoretically and empirically critiquing this argument, this article both questions the comprehensiveness of truth established through criminal trials and truth and reconciliation commissions (TRCs) and underscores the often overlooked problem of denial, thus raising fundamental questions about the reputed healing properties of truth in such contexts. Advocating the case for evidence-based transitional justice, it reflects upon empirical research on South Africa's TRC and the author's own work on the International Criminal Tribunal for the former Yugoslavia (ICTY).

Breaking the Transitional Justice Machine: Exploring Spatiality, Space Travel, and Inbetween Spaces in Research Practice

2021 ◽  
Vol 2 (1) ◽  
pp. 155-178
Author(s):  
Arnaud Kurze ◽  
Christopher K. Lamont
Keyword(s):  
Transitional Justice ◽  
Methodological Approach ◽  
Power Relationships ◽  
Research Practice ◽  
Critical Perspective ◽  
Social Actors ◽  
Liberal Democratic ◽  
Post Conflict ◽  
Alternative Spaces ◽  
Justice Studies

Abstract This article offers a critical perspective on emerging and alternative spaces for emancipation within transitional justice studies. Taking into account recent critical literature and postcolonial interventions in transitional justice studies, we argue that barriers to moving our understanding of transitional justice forward are both conceptual and methodological. Conceptual hurdles are visible through narrow justice demands often limited to the context of post-conflict and post-authoritarian settings, thus normalizing injustice in liberal democratic and postcolonial contexts. Methodological impediments exist because transitional justice scholarship operates at a positivist level, or trying to explain certain, and desired, outcomes rather than destabilizing and unsettling unequal power relations. As a result, research practice in the field reflects the perspectives and preferences of elites in transition societies through a legal-technical mechanistic imagining of transitional justice that we refer to as the transitional justice machine. We argue that the needs and voices of marginalized social actors, particularly within states that are largely defined as liberal democratic or postcolonial, have long been ignored due to these practices. Against the backdrop of evolving agency patterns, including widespread global protest and demands to deal with the past across countries, we zoom in on a variety of actors who, until now, have not been at the focus of transitional justice studies. Drawing on a variety of case studies, this article contributes to the critical understanding of transitional justice studies as a Bourdieusian field. First, by expanding the conceptual lens to include racial, socio-economic, and postcolonial injustice, and, second, by advancing a more critical methodological approach that puts at its center unequal power relationships.

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.

Defining a relationship between transitional justice and jus post bellum: A call and an opportunity for post-conflict justice

2018 ◽  
Vol 16 (3) ◽  
pp. 287-304
Author(s):  
Kirsten J Fisher
Keyword(s):  
Transitional Justice ◽  
Research Agenda ◽  
Clear Relationship ◽  
Practical Reasons ◽  
Jus Post Bellum ◽  
Post Conflict ◽  
Mass Atrocity

While there is an acknowledged overlap of transitional justice and jus post bellum, there has been no real attention to delineating a clear relationship between the two or addressing the significant differences regarding aims, scope and audience. These differences must be acknowledged and a clear relationship between the two fields needs to be demarcated for both intellectual clarity and practical reasons. It seems right to question not only where these fields of inquiry fall in relation to each other but how the two can co-exist and inform each other in a meaningful way that works to the benefit of victims of conflict and mass atrocity. Done correctly, this overlap can be ushered into a coherent research agenda where the two perspectives can be brought together in a careful and concise manner. This article aims to start to address this gap.

More than Words: Restorative Justice Concepts in Transitional Justice Settings

2012 ◽  
Vol 12 (3) ◽  
pp. 339-360 ◽  
Author(s):  
Kerry Clamp ◽  
Jonathan Doak
Keyword(s):  
Restorative Justice ◽  
Transitional Justice ◽  
Insufficient Attention ◽  
Post Conflict ◽  
Practical Operation ◽  
Wide Range

This article considers the applicability of restorative justice literature in the transitional justice arena. The authors argue that while restorative justice is applied to a wide range of conflicts, the established literature is often of limited value within a transitional context. Insufficient attention is often paid to the inherent difficulties in importing theories, concepts and practices designed for the context of ‘settled’ societies into post-conflict environments. Significantly more consideration needs to be given to the practical operation of transitional justice mechanisms, as well as their underlying normative bases, so that they might live up to the claims of many commentators that transitional justice is ‘restorative’.

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.

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