This volume is an inter-disciplinary scholarly resource bringing together contributions from writers, experienced academics and practitioners working in fields such as human rights, humanitarian law, public policy, psychology, cultural and peace studies, and earth jurisprudence. This collection of essays presents the most up to date knowledge and status of the field of transitional justice, and also highlights the emerging debates in this area, which are often overseen and underdeveloped in the literature. The volume provides a wide coverage of the arguments relating to controversial issues emanating from different regions of the world. The book is divided into four parts which groups different aspects of the problems and issues facing transitional justice as a field, and its processes and mechanisms more specifically. Part I concentrates on the traditional means and methods of dealing with past gross abuses of power and political violence. In this section, the authors also expand and often challenge the ways that these processes and mechanisms are conceptualised and introduced. Part II provides a forum for the contributors to share their first hand experiences of how traditional and customary mechanisms of achieving justice can be effectively utilised. Part III includes a collection of essays which challenges existing transitional justice models and provides new lenses to examine the formal and traditional processes and mechanisms. It aims to expose insufficiencies and some of the inherent practical and jurisprudential problems facing the field. Finally, Part IV, looks to the future by examining what remedies can be available today for abuses of rights of the future generations and those who have no standing to claim their rights, such as the environment.
Cuprins
Introduction.- PART I. Formal transition justice mechanisms and processes (reconsidered).- 1.The right to truth, appropriate forum and the International Criminal Court.- 2.Accountability v. ‘smart amnesty’ in the transitional post-conflict quest for peace. A South African case study.- 3.Transitional and generational justice: children involved in armed conflicts.- 4.Justice in transition: on territory, restitution and history.- PART II. Traditional and customary mechanisms of achieving justice (reflections from the field).- 5.Decolonising labour markets: the Australian South Sea Island diaspora and the role of cultural expression in connecting communities.- 6.Transitional justice as police-building in Solomon Islands: tensions of state building and implications for gender.- 7.Implementing the judgments of the European Court of Human Rights from the North Caucasus: a closing window for accountability or a continuing process of transitional justice?.- PART III. Modern challenges to transitional justice mechanisms and processes.- 8.Transitional justice in times of ‘exponential change’: constructing normative frameworks fit for purpose – the importance of general international law.- 9.A feminist legal analysis of the interface between refugee law and the mandates of Truth and Reconciliation Commissions.- 10.The nexus between sex-work and women’s empowerment in the context of transitional societies of Southeast Asia.- 11.Social justice within transitional justice: the case of human trafficking and sex-work in Cambodia and Myanmar.- PART IV. Emerging issues in transitional justice.- 12.Nature’s access to water in post-conflict peacebuilding efforts in South Sudan.- 13.Transitional justice and ecological jurisprudence in the midst of an ever-changing climate.- 14.Current issues and future challenges in transitional justice.
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