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.

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.

Introductory Note

2017 ◽  
Author(s):  
Roberto F. Caldas
Keyword(s):  
Human Rights ◽  
Health Providers ◽  
Gender Based Violence ◽  
Human Rights Abuses ◽  
American System ◽  
Internal Armed Conflict ◽  
First Case ◽  
Introductory Note ◽  
Conservation Of Natural Resources ◽  
Gender Based

During 2015, the Inter-American Court of Human Rights issued sixteen judgments in contentious cases and two interpretations of previous judgments that covered a wide variety of salient issues for the Inter-American System of Human Rights. The first case selected for this edition of the Yearbook deals with the obligations of states dealing with terrorist threats in the midst of internal armed conflict. The other three cases selected deal with the obligations of states in peacetime: specifically, the obligation to supervise private health providers, particularly when they carry out public functions, the obligation to protect the lives and integrity of women against gender-based violence, and the obligation to guarantee the collective property rights of indigenous peoples while also ensuring the conservation of natural resources. These cases are consistent with the Inter-American Court’s vast jurisprudence regarding states’ duty to guarantee the rights of persons who are particularly vulnerable to human rights abuses.

Reflections on international humanitarian law and transitional justice: lessons to be learnt from the Latin American experience

2006 ◽  
Vol 88 (862) ◽  
pp. 327-353 ◽  
Author(s):  
Elizabeth Salmón G.
Keyword(s):  
Human Rights ◽  
Latin American ◽  
Transitional Justice ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
American Experience ◽  
Post Conflict ◽  
American States ◽  
Justice Process

Compliance with or violations of international humanitarian law during an armed conflict undoubtedly influence the conduct of the judiciary, the situations of the victims and the correlation of forces in the post-conflict society. This article seeks to determine the influence of international humanitarian law on the transitional justice process. The author examines the specific experience of certain Latin American states that have been deeply affected by serious violations of human rights and international humanitarian law.

The Sri Lankan Office on Missing Persons: Truth and justice in tandem?

2017 ◽  
Vol 99 (905) ◽  
pp. 619-639
Author(s):  
Isabelle Lassée
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
United Nations ◽  
Transitional Justice ◽  
Armed Conflict ◽  
Integrated Approach ◽  
Sri Lankan ◽  
Missing Persons ◽  
Human Rights Council ◽  
Justice Process

AbstractIn October 2015, by co-sponsoring United Nations Human Rights Council Resolution 30/1 entitled “Promoting Reconciliation, Accountability and Human Rights in Sri Lanka”, the Sri Lankan government formally committed to embarking on a transitional justice process following three decades of armed conflict. Several thousand people allegedly disappeared during this period, often in connection with the armed conflict or as a result of internal disturbances. It is in this context that the Office on Missing Persons (OMP) was operationalized in 2018. This article discusses the nature of tracing investigations into the fate and whereabouts of missing persons of the type to be carried out by the OMP. It argues that these investigations, while ostensibly pursuing a humanitarian approach, cannot be artificially and hermetically separated from criminal justice processes. Further, it seeks to demonstrate that an integrated approach whereby strong linkages with criminal processes are provided for and encouraged best serves the interests of truth and justice.

Guatemala-Unidad Revolucionaria Nacional Guatemalteca: Agreement on a Firm and Lasting Peace, and the 10 Integral Agreements Covering Human Rights, Resettlement, Human Rights Violations, Indigenous Peoples, Social and Economic Issues, Civilian Power and the Armed Forces, Definitive Ceasefire, Constitutional and Electoral Reforms, the Legal Integration of Urng, and Implementation, Compliance and Verification

1997 ◽  
Vol 36 (2) ◽  
pp. 258-339 ◽  
Author(s):  
Cynthia Arnson
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Armed Conflict ◽  
Armed Forces ◽  
Civil Defense ◽  
Internally Displaced ◽  
Internal Armed Conflict ◽  
Lasting Peace ◽  
Electoral Reforms ◽  
Legal Integration

On December 29, 1996, the Guatemalan government and guerrillas of the Unidad Revoludonaria Nadonal Guatemalteca (Guatemalan National Revolutionary Unity) (URNG) signed an “Accord for a Firm and Lasting Peace,” formally ending Central America's longest and bloodiest internal armed conflict. According to estimates by Guatemalan human rights groups, brutal counterinsurgency campaigns by the army and civil defense groups took over 100,000 lives, resulted in the “disappearance” of some 40,000 others, and produced hundreds of thousands of refugees and internally displaced persons.

scholarly journals Gendering transitional justice processes in Africa: a feminist advocacy approach to truth commissions

2021 ◽  
Vol 9s2 ◽  
pp. 35-52
Author(s):  
Elias O. Opongo
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
Holistic Approach ◽  
Truth Commissions ◽  
Truth Commission ◽  
Human Rights Violations ◽  
Final Report ◽  
Gender Based Violence ◽  
Gender Based ◽  
And Gender

Highlighting the place and role of women in transitional justice processes draws attention to two main aspects: the need for a holistic approach to transitional justice processes, and paying attention to the sensitive nature of gender-based violence in the whole cycle of truth commissions from articulation of the mandate of the commission, composition of the commissioners, categorisation of crimes, to the writing and implementation of the final report. A feminist advocacy approach to transitional justice is framed under a critical feminist strategy that draws attention to diverse forms of human rights violations against women in situations of conflict; structures of exclusion of women�s concerns; the agency and presence of women in truth commission processes. Hence, discourse on gendering transitional justice processes has recently emerged, especially given that women have been targeted in conflict situations, giving rise to sexual and gender-based violence, and indiscriminate killing of women despite their non-combatant role. This article discusses the extent of marginalisation of cases of women�s gross human rights violations in truth commission processes, while acknowledging positive attempts made so far, through critical feminism, to include women�s concerns in these processes.

Feminist and Human Rights Struggles in Peru

2015 ◽  
Author(s):  
Pascha Bueno-Hansen
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
Social Transformation ◽  
Historical Context ◽  
Field Studies ◽  
Gender Based Violence ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Gender Based ◽  
Decolonial Feminism

This book elucidates the tension between the promise of transitional justice and persistent social inequality and impunity. In 2001, following a generation of internal armed conflict and authoritarian rule, the Peruvian state created a Truth and Reconciliation Committee (TRC). This book places the TRC, feminist and human rights movements, and related non-governmental organizations within an international and historical context to expose the difficulties in addressing gender-based violence. Its innovative theoretical and methodological framework based on decolonial feminism and a critical engagement with intersectionality facilitates an in-depth examination of the Peruvian transitional justice process based on field studies and archival research. The book uncovers the colonial mappings and linear temporality underlying transitional justice efforts and illustrates why transitional justice mechanisms must reckon with the societal roots of atrocities, if they are to result in true and lasting social transformation.

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