This title offers fresh insights on the so-called 'justice versus peace' dilemma, examining the challenges and prospects for promoting both peace and accountability, specifically in African countries affected by conflict or political violence. Peace versus Justice? draws on the expertise of many insiders analysts, individuals who are not only authorities on transitional accountability processes, but who have participated in them, whether as legal practitioners or commissioners. While the primary focus is on processes in Africa, many of the contributors also draw on lessons from earlier processes elsewhere in the world, particularly Latin America. The chapters in this volume consider a wide range of approaches to accountability and peacebuilding. These include not only domestic courts and tribunals, hybrid tribunals, or the International Criminal Court, but also truth commissions and informal or non-state justice and conflict resolution processes. Taken together, they demonstrate the wealth of experiences and experimentation in transitional justice processes on the continent.

The promotion of the rule of law has become an increasingly important element of peacekeeping and peacebuilding operations, particularly in Africa, where there have been numerous internal armed conflicts and missions over the last decade. This book explores the expanding international efforts to promote rule of law in countries emerging from violent conflict. With a focus on Africa, the authors critically examines the impact of these activities in relation to liberal peacebuilding, rule of law institutions, and the range of non-state providers of justice and security. They also assess the virtues and limitations of rule of law reform efforts, and policy alternatives. It brings together expert scholars and practioners from politics, law, anthropology and conflict studies, and features detailed case studies on Rwanda, Liberia, Sierra Leone, Sudan, and the Democratic Republic of Congo. Making an important contribution to debates about peacebuilding, and assisting specific efforts in reforming the rule of law after conflict, this book will be of interest to students and scholars of international relations, law, African politics, post-conflict reconstruction, peace and conflict studies, as well as practitioners in the UN, development agencies and NGOs.

War, Conflict and Human Rights is an innovative inter-disciplinary textbook, combining aspects of law, politics and conflict analysis to examine the relationship between human rights and armed conflict. This third edition has been fully revised and updated, and contains a completely new chapter on business, conflict and human rights. Making use of both theoretical and practical approaches, the authors: examine the tensions and complementarities between protection of human rights and resolution of conflict - the competing political demands and the challenges posed by internal armed conflict and the increasing role of nonstate actors, including corporations, in armed conflicts; explore the scope and effects of human rights violations in contemporary armed conflicts, such as in Sierra Leone, Sudan, South Sudan, the Democratic Republic of Congo and the former Yugoslavia; assess the legal and institutional accountability mechanisms developed in the wake of armed conflict to punish violations of human rights law and international humanitarian law such as the ad hoc tribunals for the former Yugoslavia and Rwanda, hybrid or internationalized tribunals and the International Criminal Court; discuss continuing and emergent global trends and challenges in the fields of human rights and conflict analysis. This volume will be essential reading for students of war and conflict studies, human rights and international humanitarian law, and highly recommended for students of conflict resolution, peacebuilding, international security, transitional justice and international relations generally.

Offers fresh insights on the so-called 'justice versus peace' dilemma, examining the challenges and prospects for promoting both peace and accountability, specifically in African countries affected by conflict or political violence. The chapters in this volume consider a wide range of approaches to accountability and peacebuilding. These include not only domestic courts and tribunals, hybrid tribunals, or the International Criminal Court, but also truth commissions and informal or non-state justice and conflict resolution processes. Taken together, they demonstrate the wealth of experiences and experimentation in transitional justice processes on the continent. CHANDRA LEKHA SRIRAM is Professor of Human Rights at the School of Law, University of East London, United Kingdom. She is also the Chair of the International Studies Association Human Rights Section and consults on issues of governance and conflict prevention for the United Nations Development Programme. SUREN PILLAY is a Senior Lecturer in the Department of Political Studies at the University of the Western Cape, South Africa, and a Senior Research Specialistin the Democracy and Governance programme of the Human Sciences Research Council. Southern Africa (South Africa, Botswana, Lesotho, Swaziland, Botswana & Namibia): University of KwaZulu-Natal Press

The promotion of the rule of law has become an increasingly important element of peacekeeping and peacebuilding operations, particularly in Africa, where there have been numerous internal armed conflicts and missions over the last decade. This book explores the expanding international efforts to promote rule of law in countries emerging from violent conflict. With a focus on Africa, the authors critically examines the impact of these activities in relation to liberal peacebuilding, rule of law institutions, and the range of non-state providers of justice and security. They also assess the virtues and limitations of rule of law reform efforts, and policy alternatives. It brings together expert scholars and practioners from politics, law, anthropology and conflict studies, and features detailed case studies on Rwanda, Liberia, Sierra Leone, Sudan, and the Democratic Republic of Congo. Making an important contribution to debates about peacebuilding, and assisting specific efforts in reforming the rule of law after conflict, this book will be of interest to students and scholars of international relations, law, African politics, post-conflict reconstruction, peace and conflict studies, as well as practitioners in the UN, development agencies and NGOs.

In recent decades there has been increasing attention to mass atrocities such as genocide, war crimes, crimes against humanity, and other gross human rights violations. At the same time, there has been a vast increase in the number of academics and researchers seeking to analyze the causes of, and offer practical responses to, these atrocities. Yet there remains insufficient discussion of the practical and ethical challenges surrounding research into serious abuses and dealing with vulnerable populations.

The aim of this edited volume is to guide researchers in identifying and addressing challenges in conducting qualitative research in difficult circumstances, such as conducting research in autocratic or uncooperative regimes, with governmental or non-governmental officials, and perhaps most importantly, with reluctant respondents such as victims of genocide or (on the other side of the coin) war criminals. The volume proceeds in five substantive sections, each addressing a different challenge of conducting field research in conflict-affected or repressive situations:

This important text will be vital reading for students, scholars and researchers in the areas of research methods, international relations, anthropology and human rights. It will also be of keen interest to policy practioners and NGOs, and especially relevant for those working in the regions of Africa, Latin America, and Asia.

This unique volume examines the opportunities for, and initiates work in, interdisciplinary research between the fields of international law and international relations; disciplines that have engaged little with one another since the Second World War.
Written by leading experts in the fields of international law and international relations, it argues that such interdisciplinary research is central to the creation of a knowledge base among IR scholars and lawyers for the effective analysis and governance of macro and micro phenomena.
International law is at the heart of international relations, but due to challenges of codification and enforceability, its apparent impact has been predominantly limited to commercial and civil arrangements. International lawyers have been saying for years that 'law matters' in international affairs and now current events are proving them right.
International Law and International Relations makes a powerful contribution to the theory and practice of global security by initiating a research agenda, building an empirical base and offering a multidisciplinary approach that provides concrete answers to real-world problems of governance.
This book will be of great interest to all students of international law, international relations and governance.

This unique volume examines the opportunities for, and initiates work in, interdisciplinary research between the fields of international law and international relations; disciplines that have engaged little with one another since the Second World War. Written by leading experts in the fields of international law and international relations, it argues that such interdisciplinary research is central to the creation of a knowledge base among IR scholars and lawyers for the effective analysis and governance of macro and micro phenomena. International law is at the heart of international relations, but due to challenges of codification and enforceability, its apparent impact has been predominantly limited to commercial and civil arrangements. International lawyers have been saying for years that 'law matters' in international affairs and now current events are proving them right. International Law and International Relations makes a powerful contribution to the theory and practice of global security by initiating a research agenda, building an empirical base and offering a multidisciplinary approach that provides concrete answers to real-world problems of governance. This book will be of great interest to all students of international law, international relations and governance.

This book examines what makes accountability for previous violations more or less possible for transitional regimes to achieve. It closely examines the other vital goals of such regimes against which accountability is often balanced. The options available are not simply prosecution or pardon, as the most heated polemics of the debate over transitional justice suggest, but a range of options from complete amnesty through truth commissions and lustration or purification to prosecutions. The question, then, is not whether or not accountability can be achieved, but what degree of accountability can be achieved by a given country. The focus of the book is on the politics of transition: what makes accountability more or less feasible and what strategies are deployed by regimes to achieve greater accountability (or alternatively, greater reform). The result is a more nuanced understanding of the different conditions and possibilities that countries face, and the lesson that there is no one-size-fits-all prescription that can be handed to transitional regimes.

This major new study examines the developing practice of universal jurisdiction, as well as the broader phenomenon of "globalizing" justice, and its ramifications. With a detailed overview of the contemporary practice of universal jurisdiction, it discerns three trends at work: pure universal jurisdiction, universal jurisdiction "plus", and non-use. It also argues that these disparities in practice should raise serious concerns as to the legitimacy and perceived legitimacy of such globalized justice. It then turns to a further consideration, that of globalized justice, precisely because it takes place far from the locus of the crime, and is therefore "externalized" and may fail to achieve many of its putative goals. In addition, this is a key assessment of civil accountability, through the use of the Alien Tort Claims Act in the United States. It details how the use of civil penalties may offer new avenues for redress, particularly with relation to group accountability, whether that of armed groups or of corporations. However, it balances this approach to accountability with recognition of certain flaws within externalized criminal accountability. This study also focuses on mixed tribunals, or other methods of internationalized justice as viable alternatives, which may avoid some of the problems with external justice, but are themselves far from perfect. Mixed or hybrid tribunals in East Timor and Sierra Leone represent different models of hybrid justice and provide the reader with excellent examples of these new forms of justice in action. This book will be of great interest to all students and scholars of human rights international law and political science.

This book examines what makes accountability for previous abuses more or less possible for transitional regimes to achieve. It closely examines the other vital goals of such regimes against which accountability is often balanced. The options available are not simply prosecution or pardon, as the most heated polemics of the debate over transitional justice suggest, but a range of options from complete amnesty through truth commissions and lustration or purification to prosecutions. The question, then, is not whether or not accountability can be achieved, but what degree of accountability can be achieved by a given country.
The book examines five countries' experiences in detail - El Salvador, Honduras, Argentina, South Africa and Sri Lanka - and offers a comparative survey of nearly 30 countries' experiences. It discusses three factors that affect the accountability achieved: international or external influences, the balance of forces between civilians and the military and or government and opposition forces, and the extent and nature of previous rights abuses. The book also examines strategies of transition, trade-offs and compromises that regimes (and international actors assisting them) may make in an attempt to achieve greater accountability or greater stability. The focus of the book is on the politics of transition: what makes accountability more or less feasible and what strategies are deployed by regimes to achieve greater accountability (or alternatively, greater reform). The result is a more nuanced understanding of the different conditions and possibilities that countries face, and the lesson that there is no one-size-fits-all prescription that can be handed totransitional regimes.

Produced with the International Peace Academy in New York, this volume focuses largely on the conflicts of the 1990s and future projects, examining multifacteted issues involved in conflict management, suggesting new approaches and tools for future conflict management.

This major new study examines the developing practice of universal jurisdiction, as well as the broader phenomenon of "globalizing" justice, and its ramifications. With a detailed overview of the contemporary practice of universal jurisdiction, it discerns three trends at work: pure universal jurisdiction, universal jurisdiction "plus", and non-use. It also argues that these disparities in practice should raise serious concerns as to the legitimacy and perceived legitimacy of such globalized justice. It then turns to a further consideration, that of globalized justice, precisely because it takes place far from the locus of the crime, and is therefore "externalized" and may fail to achieve many of its putative goals. In addition, this is a key assessment of civil accountability, through the use of the Alien Tort Claims Act in the United States. It details how the use of civil penalties may offer new avenues for redress, particularly with relation to group accountability, whether that of armed groups or of corporations. However, it balances this approach to accountability with recognition of certain flaws within externalized criminal accountability. This study also focuses on mixed tribunals, or other methods of internationalized justice as viable alternatives, which may avoid some of the problems with external justice, but are themselves far from perfect. Mixed or hybrid tribunals in East Timor and Sierra Leone represent different models of hybrid justice and provide the reader with excellent examples of these new forms of justice in action. This book will be of great interest to all students and scholars of human rights international law and political science.

War, Conflict and Human Rights is an innovative inter-disciplinary textbook, combining aspects of law, politics and conflict analysis to examine the relationship between human rights and armed conflict. This third edition has been fully revised and updated, and contains a completely new chapter on business, conflict and human rights. Making use of both theoretical and practical approaches, the authors: examine the tensions and complementarities between protection of human rights and resolution of conflict - the competing political demands and the challenges posed by internal armed conflict and the increasing role of nonstate actors, including corporations, in armed conflicts; explore the scope and effects of human rights violations in contemporary armed conflicts, such as in Sierra Leone, Sudan, South Sudan, the Democratic Republic of Congo and the former Yugoslavia; assess the legal and institutional accountability mechanisms developed in the wake of armed conflict to punish violations of human rights law and international humanitarian law such as the ad hoc tribunals for the former Yugoslavia and Rwanda, hybrid or internationalized tribunals and the International Criminal Court; discuss continuing and emergent global trends and challenges in the fields of human rights and conflict analysis. This volume will be essential reading for students of war and conflict studies, human rights and international humanitarian law, and highly recommended for students of conflict resolution, peacebuilding, international security, transitional justice and international relations generally.

Following the 'Arab Spring' uprisings in the Middle East and North Africa, many had high hopes not only for democratisation but also for transitional justice to address the myriad abuses that had taken place in the region, both during the uprisings and for decades prior to them. Protesters had called not only for removal of corrupt and abusive leaders, but also for the protection of human rights more generally, including socio-economic rights as well as civil and political rights. Despite these hopes, most of the transitions in the region have stalled, along with the possibility of transitional justice. This volume is the first to look at this process and brings together leading experts in the fields of human rights and transitional justice, and in the history, politics and justice systems of countries such as Egypt, Tunisia, Libya, Algeria, Bahrain and Morocco. While these countries have diverse histories, political institutions, and experiences with accountability, most have experienced non-transition, stalled transition, or political manipulation of transitional justice measures, highlight--ing the limits of such mechanisms. These studies should inform reflection not only on the role of transitional justice in the region, but also on challenges to its operation more generally.

In recent decades there has been increasing attention to mass atrocities such as genocide, war crimes, crimes against humanity, and other gross human rights violations. At the same time, there has been a vast increase in the number of academics and researchers seeking to analyze the causes of, and offer practical responses to, these atrocities. Yet there remains insufficient discussion of the practical and ethical challenges surrounding research into serious abuses and dealing with vulnerable populations.

The aim of this edited volume is to guide researchers in identifying and addressing challenges in conducting qualitative research in difficult circumstances, such as conducting research in autocratic or uncooperative regimes, with governmental or non-governmental officials, and perhaps most importantly, with reluctant respondents such as victims of genocide or (on the other side of the coin) war criminals. The volume proceeds in five substantive sections, each addressing a different challenge of conducting field research in conflict-affected or repressive situations:

This important text will be vital reading for students, scholars and researchers in the areas of research methods, international relations, anthropology and human rights. It will also be of keen interest to policy practioners and NGOs, and especially relevant for those working in the regions of Africa, Latin America, and Asia.

War, Conflict and Human Rights is an innovative, interdisciplinary textbook combining aspects of law, politics, and conflict analysis to examine the relationship between human rights and armed conflict. This second edition has been revised and updated, making use of both theoretical and practical approaches. Over the course of the book, the authors: examine the tensions and complementarities between protection of human rights and resolution of conflict, including the competing political demands and the challenges posed by internal armed conflict; analyse the different obligations and legal regimes applicable to state and non-state actors, including non-state armed groups, corporations and private military and security companies; explore the scope and effects of human rights violations in contemporary armed conflicts, such as those in Sierra Leone, Sudan, the Democratic Republic of Congo, and the former Yugoslavia, and implications for the "Arab Spring"; assess the legal and institutional accountability mechanisms developed in the wake of armed conflict to punish violations of human rights law, and international humanitarian law such as the ad hoc tribunals for the former Yugoslavia and Rwanda, and the International Criminal Court; discuss continuing and emergent global trends and challenges in the fields of human rights and conflict analysis. This volume will be essential reading for students of war and conflict studies, human rights, and international humanitarian law, and highly recommended for students of conflict resolution, peacebuilding, international security and international relations, generally.