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This book discusses the crucial strategic topic for the practical implementation of transitional justice in post-conflict societies by arguing that the dilemma is defined by the extent to which the actual achievement of the political goals of transition is a necessary condition for the long-term observance and implementation of justice. While in many cases the ‘blind’ criminal justice does not enhance, and even militates against, the achievement of political transitions, an understanding of transitional justice as a fundamentally political process is novel, controversial and a concept which may shape the future of transitional justice. This collection contributes to developing this concept both theoretically and through concrete and current case studies from the worlds most pronounced crisis spots for transitional justice.
Should we punish wrongdoers? Should we take care of the ones who suffered from wrongdoings? Although we may believe answers to these questions are obvious, they become less so when similar questions are asked under exceptional circumstances, such as armed conflicts. These answers may decide about the continuation of hostilities or their end. The stakes are high, while we can hardly ignore the need to deal with the consequences of violence generated by a conflict. This book discusses the dilemmas and challenges associated with the provision of justice in the context of the armed conflict in Ukrainian Donbas in 2014–2019.
This book discusses the crucial strategic topic for the practical implementation of transitional justice in post-conflict societies by arguing that the dilemma is defined by the extent to which the actual achievement of the political goals of transition is a necessary condition for the long-term observance and implementation of justice. While in many cases the 'blind' criminal justice does not enhance, and even militates against, the achievement of political transitions, an understanding of transitional justice as a fundamentally political process is novel, controversial and a concept which may shape the future of transitional justice. This collection contributes to developing this concept both theoretically and through concrete and current case studies from the worlds most pronounced crisis spots for transitional justice.
The book focusses on transitional justice policies implemented in Ukraine since the beginning of 2014. The author covers investigations and trials, vetting, historical justice, as well as two issues that only partially refer to the "transitional justice toolbox": attempts to deal with the consequences of the armed conflict in Donbas and elements of institutional reforms that supplement transitional justice efforts. He explains constrains faced by each of the mentioned policies and interrelationships between them. The author comes to the conclusion that the Ukrainian case presents both similarities and significant differences in comparison to other post-communist countries, which implemented such policies much earlier. Furthermore, there is no evidence supporting the thesis that the implementation of these policies provides visible effects in terms of democratisation of the country.
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