Results of the 2007 Nuremberg Conference on Peace and Justice: Tensions between peace and justice have long been debated by scholars, practitioners and agencies including the United Nations, and both theory and policy must be refined for very practical application in situations emerging from violent conflict or political repression. Specific contexts demand concrete decisions and approaches aimed at redress of grievance and creation of conditions of social justice for a non-violent future. There has been definitive progress in a world in which blanket amnesties were granted at times with little hesitation. There is a growing understanding that accountability has pragmatic as well as principled arguments in its favour. Practical arguments as much as shifts in the norms have created a situation in which the choice is increasingly seen as ‘which forms of accountability’ rather than a stark choice between peace and justice. It is socio-political transformation, not just an end to violence, that is needed to build sustainable peace. This book addresses these dilemmas through a thorough overview of the current state of legal obligations; discussion of the need for a holistic approach including development; analysis of the implications of the coming into force of the ICC; and a series of ‘hard’ case studies on internationalized and local approaches devised to navigate the tensions between peace and justice.
Tabela de Conteúdo
Transitional Justice: The Legal Perspective.- Message from Mr. Ban Ki-moon, Secretary-General of the United Nations, for the Meeting on “Building a Future on Peace and Justice”.- Opening Speech by Federal Foreign Minister Dr. Frank-Walter Steinmeier (slightly abridged).- Building a Future on Peace and Justice: The International Criminal Court.- The Legal Framework of Transitional Justice: A Systematic Study with a Special Focus on the Role of the ICC.- The “New Law” of Transitional Justice*.- Exploring the Practice of States in Introducing Amnesties.- Peace Process Considerations: Mediation, Reconciliation and Development.- Justice Mechanisms and the Question of Legitimacy: The Example of Rwanda’s Multi-layered Justice Mechanisms.- Reconciliation and Development.- Gender Justice and Reconciliation*.- Linking Mediation and Transitional Justice: The Use of Interest-Based Mediation in Processes of Transition*.- Specific Challenges in Pursuing Justice During or after Conflict.- Pursuing Justice in Ongoing Conflict: A Discussion of Current Practice.- Conflict Mediation and the ICC: Challenges and Options for Pursuing Peace with Justice at the Regional Level.- DDR and Reparations: Establishing Links Between Peace and Justice Instruments.- Transitional Justice in Bosnia and Herzegovina: Coherence and Complementarity of EU Institutions and Civil Society*.- Case Studies on Resolving Tensions between Peace and Justice.- Transitional Justice for Burundi: A Long and Winding Road.- Justice and Reconciliation in the Aftermath of the Civil War in Gorongosa, Mozambique Central*.- Foreign Aid to Transitional Justice: The Cases of Rwanda and Guatemala, 1995–2005*.- Colombia’s Bid for Justice and Peace.- The Timing and the Scope of Reparation, Truth and Justice Measures: AComparison of the Spanish, Argentinian and Chilean Cases.
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