Martha Albertson Fineman and Estelle Zinsstag, Dir, Feminist Perspectives on Transitional Justice, Series on Transitional Justice, Vol 13, Cambridge, Intersentia, 2013 (original) (raw)
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Human Rights Review, 2015
In this article, we examine the continuity of harms and traumas experienced by women before, during and after war and other mass violence. We focus on women because of the particular challenges they face in accessing justice due to patriarchal structures and ongoing discrimination in the political, economic and social, as well as legal spheres, and because of the gendered nature of the crimes and harms they experience. We use the four key pillars of transitional justice identified by the United Nations as a framework to analyse how these harms are addressed in the context of criminal prosecutions, truth commissions, reparations and institutional reform. We conclude that a gender-transformative approach to transitional justice that focuses on transforming psychosocial, socioeconomic and political power relations in society is needed in order to attain human rights for women and build a sustainable peace.
Engendering Transitional Justice: Silence, Absence and Repair
Human Rights Review, 2015
Transitional justice is a growing field that responds to dilemmas over how successor regimes deal with (or should deal with) the human rights abuses of their authoritarian predecessors. In coming to terms with the past and establishing terms and conditions for the future, transitional justice encompasses accountability and responsibility, as well as healing, reconciliation, truth and conflict resolution. This special issue grew out of a two-day symposium held in Coolangatta, Australia, in November 2014, organised by the Socio-Legal Centre, Griffith Law School, Griffith University, Australia. The symposium brought together experts concerned with transitional justice studies to consider new ways in which gender needs be rethought and perhaps reinterpreted, in the context of societies that deal with massive human rights abuse. The symposium was an intense and close engagement, where scholars from the fields of human rights, transitional justice, anthropology, psychology, and peace and conflict studies presented their work and received constructive feedback from their colleagues. Five papers that were part of the symposium proceedings are featured in this special issue, covering a broad spectrum of interrelated topics, and highlighting debates in the field of transitional justice that are often overlooked and underdeveloped in the literature. In accordance with the theme of the symposium, the articles in this special issue are unified by the topic of 'Engendering Transitional Justice' and the crosscutting themes of 'Silence, Absence and Repair'. The themes that emerged during the symposium add new facets to the already diverse spheres of research pertaining to gender and transitional justice, which, although occupying a growing space in academia, still remain under-theorised and under-researched. Given the advances-and the setbacks-that have occurred in the realm of gender perspectives in transitional justice during the last decade, there is a need to take stock of how far the field has progressed. By gathering reflections from scholars working within a variety of processes aimed at gender justice, this issue addresses some conceptual
Human Rights Politics & Transitional Justice
2008
This paper explores transitional justice as a way to bring an end to violence and consolidate peace. It approaches transitional justice as an expression of the 'never again' consensus to prevent or prosecute crimes against humanity. It explores transitional justice as an expression of globalizing law and the implications this has for the recovery of the 'rule of law' and 'political legitimacy' in the post conflict State. It takes Robert Meister (2002)'s formulation of the politics of victimhood, revenge and resentment in the relationship between the beneficiaries and the victims of injustice, as remaining at the centre of transitional justice politics in trying to decide on the balance between reconciliation and justice projects. It explores how human rights discourse has been used to de-politicise the 'victim' by adopting an individually embodied concept of violence as opposed to a structural one. It argues that transitional justice as an expression of globalizing law has been primarily directed at maintaining peace to achieve closure on past 'evil' but that the beneficiary-victim issue has re-emerged in the social justice movements and renewed desire for prosecutions.
INTERNATIONAL JOURNAL OF RULE OF LAW, TRANSITIONAL JUSTICE AND HUMAN RIGHTS, Year 12, Volume 12
INTERNATIONAL JOURNAL OF RULE OF LAW, TRANSITIONAL JUSTICE AND HUMAN RIGHTS, Year 12, Volume 12, 2021
This issue of the International Journal on Rule of Law, Transitional Justice and Human Rights in front of you is already the eleventh edition of an annual, peer-reviewed academic journal, co- published by the Association “Pravnik” and the Konrad-Adenauer-Stiftung’s Rule of Law Programme South East Europe. INTERNATIONAL CRIMINAL LAW AND TRANSITIONAL JUSTICE IN LIBYA: TWO UNSC-MANDATED MECHANISMS BY LORENZO DAL MONTE TOWARDS A RISK PERSPECTIVE OF TRANSITIONAL JUSTICE PROCESSES BY BERIT HAUPT THE ROLE OF GENDER IN GENOCIDE BY AMILA HUSIĆ CULTURAL HERITAGE – AN OVERLOOKED COMPONENT IN TRANSITIONAL JUSTICE? BY MARIE WARTENBERG THE PHENOMENON OF TWO SCHOOLS UNDER ONE ROOF – WHEN APPLES AND PEARS DO NOT MIX BY TARIK EKMEŠČIĆ THE CONTRIBUTION OF INTERNATIONAL CRIMINAL COURTS TO TRANSITIONAL JUSTICE: A COMPARISON BETWEEN THE ICTY AND THE ICC BY DANAE DRIESSEN CHILDREN AS VICTIMS OF WAR CRIMES BY MICHAELA TRTKOVA THE GENDERED IMPLICATIONS OF CONSOCIATIONAL PEACE AGREEMENTS: A SUB-NATIONAL LEVEL ANALYSIS OF BOSNIA AND HERZEGOVINA BY TAJMA KAPIĆ THE EUROPEAN COURT OF HUMAN RIGHTS’ ENGAGEMENT WITH INTERNATIONAL HUMAN RIGHTS INSTRUMENTS: LOOKING AT THE CASES OF DOMESTIC VIOLENCE BY EBRU DEMIR PURSUIT FOR JUSTICE: VOICES AND PERCEPTIONS ON JUSTICE OF VICTIMS OF GENOCIDE BY MARIJANA TOMA
Introduction: Rethinking Resistance to Transitional Justice
Conflict and Society, 2016
Transitional justice, as a process and set of mechanisms designed to address human rights violations of the past, is a project of transformation. Designed to deal with legacies of past wrongs, transitional justice ideally aims to address their root causes, to adjudicate social and institutional responsibilities, to transform the institutional contexts and power relations that enabled human rights violations to take place, to restore, repair, or facilitate new relationships and to promote national unity and reconciliation. Now an established policy response to the end of civil war, authoritarian regimes or occupation, transitional justice has been the focus of scholarly attention for long enough to have warranted a critical turn, both in terms of the way transitional justice is theorized (Corradetti, Eisikovits, and Rotondi 2015; Hirsch 2012) and the way in which it is implemented and experienced in practice. Examples of such critiques include accusations of imposition of western nor...
Strategies of Transitional Justice: Towards A Holistic Approach
This paper aims to review the process of transitional justice and its five strategies, which are prosecution, truth recovery, institutional reform, reparations, and reconciliation. The author first gives some background into transitional justice by outlining the history and development of it, as well as commentary about the advantages and disadvantages of the process. She then goes on to propose the use of holistic approach to transitional justice, giving an individual summary of the five strategies involved, including the aims, as well as issues surrounding each. To conclude, the paper will determine whether such strategies are best employed individually or as part of a holistic approach to transitional justice.