The psychological correlates of transitional justice in Rwanda: A long-term assessment.

2020 ◽  
Vol 12 (7) ◽  
pp. 774-784
Author(s):  
Serge Caparos ◽  
Eugène Rutembesa ◽  
Emmanuel Habimana ◽  
Isabelle Blanchette
Keyword(s):  
Transitional Justice ◽  
Psychological Correlates

scholarly journals Neglecting Social and Economic Rights Violations in Transitional Justice: Long-Term Effects on Accountability: Empirical Findings from the Extraordinary Chambers in the Courts of Cambodia

2018 ◽  
Vol 37 (2) ◽  
pp. 95-124
Author(s):  
Tine Destrooper
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
Blind Spot ◽  
Political Rights ◽  
Long Term Effects ◽  
Economic Rights ◽  
Cultural Rights ◽  
Civil And Political Rights ◽  
International Profile

This article builds on theories about the expressive function of law and uses Structural Topic Modelling to examine how the prioritisation of civil and political rights (CPR) issues by the Extraordinary Chambers in the Courts of Cambodia (ECCC) has affected the agendas of Cambodian human rights NGOs with an international profile. It asks whether these NGOs’ focus on CPR issues can be traced back to the near-exclusive focus on CPR issues by the court, and whether this has implications for the creation of a “thick” kind of human rights accountability. It argues that, considering the nature of the Khmer Rouge's genocidal policy, it would have been within the mandate and capacity of the court to pay more attention to actions that also constituted violations of economic, social, and cultural rights (ESCR). The fact that the court did not do this and instead almost completely obscured ESCR rhetorically has triggered a similar blind spot for ESCR issues on the part of human rights NGOs, which could have otherwise played an important role in creating a culture of accountability around this category of human rights. Does this mean that violators of ESCR are more likely to escape prosecution going forward?

Leadership Role as a Deterrent Within International Conflict Management

2020 ◽  
pp. 115-155
Author(s):  
Andrew H. Campbell
Keyword(s):  
Transitional Justice ◽  
International Conflict ◽  
International Security ◽  
Leadership Role ◽  
Leadership Model ◽  
Democratic Reform ◽  
Sustainable Peace ◽  
Epistemological Understanding ◽  
Over Time

Over time, political and social theorists have struggled to understand the constructive pathways of preventing, mediating, and transitioning societies away from conflict toward sustainable peace. The thread linking leadership with transitional justice instruments is the ontological and epistemological understanding of how to direct judicial strategies toward deterring interstate and intrastate violent activities. In today's environment, the emerging study of transitional justice is recognized as a staple for nation-building, democratic reform, and peacebuilding. This chapter addresses leadership and its role in the transitional justice system. Moreover, this presentation provides a leadership model for transitional justice practitioners as a means to influence deterrence measures and as a potential resolution of today's global judicial challenges with long-term international security implications.

Rwanda

2017 ◽  
Author(s):  
Doris Buss ◽  
Jerusa Ali
Keyword(s):  
Best Practices ◽  
Political Participation ◽  
Transitional Justice ◽  
Public Life ◽  
Social Outcomes ◽  
Post Conflict ◽  
Women's Participation ◽  
Female Politicians

Since the end of the genocide and civil war in Rwanda, various measures have been implemented to facilitate women’s political participation. This chapter looks to post-conflict Rwanda as a case study in the successes and limitations in efforts to increase women’s participation in public life. The chapter details the desired outcomes of increased political participation by women before turning to the Rwandan example. It argues that while the increased presence of women in public life has resulted in some positive economic, political, and social outcomes, the power of female politicians is largely limited and has not resulted in sustainable or equitable long-term policies. The chapter concludes that while Rwanda has formally adopted many of the international best practices of transitional justice, its overall gains in women’s participation are more uneven, contradictory, and nonlinear than is often recognized.

scholarly journals The Privilege Against Self-Incrimination in Truth Commission-Administered Accountability Initiatives

2016 ◽  
Vol 30 (1) ◽  
pp. 155-176
Author(s):  
ALISON BISSET
Keyword(s):  
Transitional Justice ◽  
Truth Commissions ◽  
Truth Commission ◽  
Individual Rights ◽  
Legal Standards ◽  
Justice Practice ◽  
Peace And Reconciliation ◽  
Accountability Initiatives ◽  
Made In

AbstractIn recent times, transitional justice practice has increasingly seen truth commissions tasked with administering accountability programmes, distinct from, and in addition to, their traditional truth-seeking role. Such accountability schemes typically take the form of granting or recommending amnesty for those who disclose involvement in past crimes or facilitate reintegration on the basis of similar disclosures. Self-incriminating disclosures made in the course of traditional truth commission proceedings generally attract a robust set of legal safeguards. However, the protections within transitional accountability schemes administered by truth commissions tend to be less stringent. This article explores this anomaly, focusing particularly on the extent to which the privilege against self-incrimination is protected within truth commission-administered accountability programmes. It considers the programmes operated to date, and the levels of protection afforded, and demonstrates a lack of consistent practice in the safeguarding of individual rights within these programmes. It examines international legal standards on the privilege against self-incrimination and questions whether the procedures operated by accountability programmes can be reconciled with international norms in order to protect those who make self-incriminating disclosures within accountability initiatives. The article argues that a failure to ensure individual rights against self-incrimination risks compromising the efficacy of the programmes themselves and the contribution that they can make to long-term peace and reconciliation in transitional states.

Transitional Justice in Peace Operations: Shaping the Twilight Zone in Somalia and East Timor

2001 ◽  
Vol 4 ◽  
pp. 213-251 ◽  
Author(s):  
Michael Kelly
Keyword(s):  
Transitional Justice ◽  
Criminal Court ◽  
Internal Conflict ◽  
Military Force ◽  
Law And Order ◽  
Order Problem ◽  
State Process ◽  
The Military ◽  
The Impact

Much has been written about transitional justice in the circumstances of organised states progressing towards democracy. Another category of transitional justice demanding equal study and resolution has, however, emerged. That is the interim administration of justice in the vacuum of the disrupted state following traumatic internal conflict, usually involving war crimes and crimes against humanity. Two things are characteristic of this circumstance: first, the requirement for a deployed international military force to do ‘something’ about fundamental law and order while waiting for the civil administrative ‘cavalry’ to arrive; second, the fact that a civil administrative element will eventually have to take over from the military and will also be required to do ‘something’ about the immediate law and order problem but in a manner that leads into the long term reconstruction and ‘end state’ process. In the future, this environment may also include the operation of the International Criminal Court (ICC), where many issues of jurisdiction, investigation, prosecution and the impact on long term rehabilitation will need to be managed.

Rule of Law, Security, and Transitional Justice in Fragile and Conflict-Affected Societies

2018 ◽  
Author(s):  
Anja Mihr ◽  
Chandra Sriram Lekha
Keyword(s):  
Rule Of Law ◽  
Transitional Justice ◽  
Truth Commissions ◽  
Law Reform ◽  
Security Sector ◽  
The Past ◽  
Post Conflict ◽  
Knowing That ◽  
The Many

States are expected to provide both security and justice for their citizens; one needs the other in order to work well. Yet when both are damaged or destroyed by war, state actors and outsiders alike tend to treat them as competing post-conflict priorities. Over the past twenty years, numerous processes have emerged to promote one or both, including “transitional justice”—from courts and truth commissions to community reconciliation—and programs to restore rule of law, reform the “security sector” (SSR) and disarm, demobilize, and reintegrate fighters into society (DDR). The many actors involved have just as many, sometimes competing, operational priorities, knowing that change is urgent, but necessarily long-term. This chapter examines the interaction of transitional justice, rule of law, SSR, and DDR, identifying key concepts, actors, processes, and challenges in pursuing change in each of these areas simultaneously.

scholarly journals The dataset of Political Agreements in Internal Conflicts (PAIC)

2020 ◽  
pp. 073889422094412
Author(s):  
Giuditta Fontana ◽  
Argyro Kartsonaki ◽  
Natascha S Neudorfer ◽  
Dawn Walsh ◽  
Stefan Wolff ◽  
...  
Keyword(s):  
Transitional Justice ◽  
Power Sharing ◽  
State University ◽  
Cultural Institutions ◽  
Pennsylvania State University ◽  
Five Dimensions ◽  
Negotiated Agreements ◽  
Internal Conflicts ◽  
The Relationship

This paper introduces the new dataset of Political Agreements in Internal Conflicts (PAIC) and presents its first application. PAIC captures the institutional provisions in political agreements concluded between 1989 and 2016. It provides information on 91 variables, along five dimensions: power sharing, transitional justice, cultural institutions, territorial self-governance and international assistance. First, the paper presents the data collection and coding procedures. Then it replicates Hartzell’s and Hoddie’s (2007, Crafting Peace, The Pennsylvania State University Press) seminal study on the relationship between power sharing and negotiated agreements, showing the long-term importance of a previously overlooked realm: commissions.

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