From the Studies of Violences to Memories

2016 ◽  
pp. 332-355
Author(s):  
Yomaira García Acuña
Keyword(s):  
Transitional Justice ◽  
Armed Conflict

This paper presents some of the effects of Colombia´s armed conflict in people who were displaced from their territories, and the institutional mechanisms proposed to address this problem. The author studies the cases of El Salado (Bolívar Department) and Nueva Venecia (Department of Magdalena) in a research conducted in these populations after the massacres of the years 2000 by paramilitary groups, and articulates the notions of violence and memories in order to question the current interventions on them in terms of transitional justice.

Reparations for Children and Youth

2016 ◽  
pp. 307-328
Author(s):  
Sinthya Rubio Escolar
Keyword(s):  
Transitional Justice ◽  
Armed Conflict ◽  
The Other ◽  
Children And Youth ◽  
Severe Damage ◽  
Violence Against Children ◽  
Other Hand ◽  
Political Project

Violence against children and youth in war causes severe damage to individuals, communities and societies. This chapter aims to demonstrate the importance of reparations for children and youth as a peacebuilding mechanism in the context of transitional justice. On one hand, the chapter seeks to address reparations for children and youth understood as a political project, with a transformative and participatory potential for rebuilding societies and healing the wounds of those who have been affected by armed conflict. On the other hand, the paper attempts to overcome the conception of children and youth as passive victims, providing them with agency to become engaged political members in building peaceful societies. Thus, reparations should position them as subjects of rights, giving them voice as contributors in peacebuilding processes.

scholarly journals Microlevel Security after Armed Conflict: A New Framework for Analyzing Risks and Benefits of Peacebuilding Processes

2019 ◽  
Vol 22 (4) ◽  
pp. 802-829
Author(s):  
Holly L Guthrey
Keyword(s):  
Transitional Justice ◽  
Armed Conflict ◽  
Structural Violence ◽  
Local Level ◽  
Empirical Studies ◽  
Social Psychological ◽  
Security Risks ◽  
Risks And Benefits ◽  
Definition Of ◽  
The Individual

Abstract The maintenance and/or achievement of security is of paramount importance within settings recovering from armed conflict; however existing studies in the field of peacebuilding do not sufficiently explore how various processes undertaken within peacebuilding programming result in different types of security outcomes at the individual and community level. In this article, I develop a novel conceptual framework for analyzing “microlevel” security risks and benefits of peacebuilding processes, through an adapted version of Johan Galtung's work on direct and structural violence. For the purposes of this article, the framework is applied in the context of “local” transitional justice (TJ) processes used in the aftermath of armed conflict, for which advocacy and implementation has increased in the recent past. Relying on a social psychological definition of security, I disaggregate components of direct and structural violence and use illustrative examples from existing empirical studies about the effects of local TJ processes in various settings to demonstrate ways in which these types of violence may be perpetuated, or initiated in new forms through these processes, thus posing security risks. The framework is further developed through the elucidation of factors that may help to repair the consequences of direct and structural violence and/or hinder the likelihood of their repetition, thematically conceptualized as physical and psychological welfare and social justice (respective to direct and structural violence) that I suggest link to security benefits. The framework is intended to provide new perspectives on understanding how peacebuilding processes may both promote and prevent security from being realized at the local level following armed conflict.

The Oxford Handbook of International Law in Armed Conflict

2014 ◽  
Keyword(s):  
Human Rights ◽  
International Law ◽  
Transitional Justice ◽  
Armed Conflict ◽  
Forced Migration ◽  
Armed Forces ◽  
Cultural Property ◽  
Historical Background ◽  
The Law ◽  
The Right

TheHandbookconsists of 32 Chapters in seven parts. Part I provides the historical background and sets out some of the contemporary challenges. Part II considers the relevant sources of international law. Part III describes the different legal regimes: land warfare, air warfare, maritime warfare, the law of occupation, the law applicable to peace operations, and the law of neutrality. Part IV introduces key concepts in international humanitarian law: weapons and the notion of superfluous injury and unnecessary suffering, the principle of distinction, proportionality, genocide and crimes against humanity, grave breaches and war crimes, internal armed conflict. Part V looks at key rights: the right to life, the prohibition on torture, the right to fair trial, economic, social and cultural rights, the protection of the environment, the protection of cultural property, and the human rights of the members of the armed forces. Part VI covers key issues such as: the use of force, terrorism, unlawful combatants, the application of human rights in times of armed conflict, forced migration, and issues of gender. Part VII deals with accountability issues including those related to private security companies, the need to focus on armed groups, as well as questions of state responsibility brought before national courts, and finally, the book addresses issues related to transitional justice.

Transitional Justice Standards on Reparations for Women Subjected to Violence in the CEDAW Committee’s Evolving Legal Practice

2020 ◽  
Author(s):  
Ruth Rubio-Marin ◽  
Dorothy Estrada-Tanck
Keyword(s):  
Women Victims ◽  
Violence Against Women ◽  
Transitional Justice ◽  
Armed Conflict ◽  
Authoritarian Regimes ◽  
Legal Practice ◽  
Structural Dimension ◽  
Everyday Lives ◽  
Victims Of Violence

Abstract Violence against women continues to be one of the most pressing global concerns. Reparations for women victims of violence have been addressed by the Convention on the Elimination of All Forms of Discrimination against Women Committee over the last 15 years. This article critically examines the evolving practice of the Committee on reparations, in light of the transitional justice doctrinal and normative acquis on gender-sensitive reparations. We systematize legal interpretations, identify trends and milestones, and link them to transitional justice elements. We also suggest that the transitional justice reparations framework can be, and is in fact being, applied to non-transitional contexts, independent of armed conflict and authoritarian regimes. Further, we propose recommendations for the Committee to engage in a more explicit ‘dialogue’ with these ongoing developments to the benefit of women in their everyday lives and in recognition of the structural dimension of violence against women, even in what are other so-called peaceful and stable societies.

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.

Parallel Tracks and Fraught Encounters

2017 ◽  
Author(s):  
Pascha Bueno-Hansen
Keyword(s):  
Human Rights ◽  
Rural Communities ◽  
Transitional Justice ◽  
Armed Conflict ◽  
Armed Forces ◽  
Gender Based Violence ◽  
Internal Armed Conflict ◽  
Justice Process ◽  
Gender Based ◽  
Feminist Movements

This chapter examines the struggles and gaps between the protagonism of rural Andean women, or campesinas, and the priorities of the human rights and feminist movements in Peru as they try to address the ever-growing number of victims and survivors of the internal armed conflict. The armed conflict pitted the armed forces versus the Shining Path; both sides demanded allegiance from rural communities. From the beginning, campesinas were at the forefront of local efforts to denounce human rights violations and address the needs of affected people with the help of church groups and human rights advocates. Peruvian human rights and feminist movements presented the strongest potential for taking on the defense of campesinas' rights. This chapter considers how social exclusions marginalized campesina voices in the transitional justice process and how and why, despite campesina protagonism and human rights and feminist movements' best intentions, the gender-based violence directed at campesinas during the armed conflict slipped through the cracks. It also looks at the founding of the Women for Democracy, or Mujeres por la Democracia (MUDE), in 1997.

Waiting in the Garden of Broken Trees

2017 ◽  
Author(s):  
Pascha Bueno-Hansen
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
Armed Conflict ◽  
Gender Norms ◽  
International Human Rights Law ◽  
Gender Based Violence ◽  
Legal Cases ◽  
Internal Armed Conflict ◽  
Language Class ◽  
Gender Based

This book examines how social inequality functions within Peru's transitional justice process by focusing on the gender-based violence that occurred during the internal armed conflict of 1980–2000. It considers how Peruvian human rights and feminist movements, the Peruvian Truth and Reconciliation Committee (PTRC), and a feminist nongovernmental organization—the Estudio por la Defensa de los Derechos de la Mujer, or Study and Defense of Women's Rights (DEMUS)—negotiated between implementing international human rights law and holistically addressing gender-based violence. It also explores how gender norms influence what violations the Peruvian human rights movement, and later the PTRC, prioritize; how gender norms influence dominant representations of women in the PTRC public hearings and sexual violence legal cases; and how the temporally bound nature of transitional justice exists in tension with the continuum of violence. Finally, the book discusses the influence of other social factors, such as ethnicity, language, class, and culture, on gender-based violence during the internal armed conflict.

Part IV The Right to Reparation/Guarantees of Non-Recurrence, B Guarantees of Non-Recurrence of Violations, Principle 37 Disbandment of Parastatal Armed Forces/Demobilization and Social Reintegration of Children

2018 ◽  
Author(s):  
Duthie Roger ◽  
Mayer-Rieckh Alexander
Keyword(s):  
Transitional Justice ◽  
Armed Conflict ◽  
Armed Forces ◽  
Theoretical Framework ◽  
Armed Conflicts ◽  
Historical Background ◽  
Armed Groups ◽  
Social Reintegration ◽  
Criminal Violence ◽  
The Right

Principle 37 focuses on the disbandment of parastatal armed forces and the demobilization and social reintegration of children involved in armed conflicts. It articulates measures designed to prevent the transformation of conflict violence to criminal violence through the dismantling and reintegration of all armed groups engaged in abuses, and outlines comprehensive responses to the injustices experienced by children during armed conflict. This chapter first provides a contextual and historical background on Principle 37 before discussing its theoretical framework and practice. It then examines the importance of reintegration processes and how they can be affected by transitional justice measures, along with their implications for former child combatants. It also highlights the relevance of measures for dealing with unofficial armed groups from an impunity standpoint, as well as the efforts of disarmament, demobilization, and reintegration (DDR) programs to address them.

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