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This book explores a range of issues related to the development,
application and enforcement of international criminal justice
within Africa and on Africa. Written by experts from Africa, and
adopting African perspectives, this book seeks to understand the
scope and reach of these issues, nationally, regionally and
globally. Africa's Role and Contribution to International Criminal
Justice engages in theoretical and policy discourses on the
substantive and procedural features of criminal law and justice in
the African context. A range of topical issues are examined by the
contributors, such as the ways in which African states have dealt
with issues of universal jurisdiction and how victims are treated,
as well as controversial questions concerning how courts function
and should function in dealing with these issues. The ideas,
themes, institutions, practices, concepts and patterns of
convergence of criminal justice systems in Africa are also
explored. This book aims to establish a greater understanding of
international criminal justice and its relation to Africa, and
beyond. Further, it seeks to expand the conversation beyond the
narrow topics that are so commonly discussed when matters of
African criminal justice are considered.
Since the 1980s, an array of legal and non-legal practices-labeled
Transitional Justice-has been developed to support post-repressive,
post-authoritarian, and post-conflict societies in dealing with
their traumatic past. In Understanding the Age of Transitional
Justice, the contributors analyze the processes, products, and
efficacy of a number of transitional justice mechanisms and look at
how genocide, mass political violence, and historical injustices
are being institutionally addressed. They invite readers to
speculate on what (else) the transcripts produced by these
institutions tell us about the past and the present, calling
attention to the influence of implicit history conveyed in the
narratives that have gained an audience through international
criminal tribunals, trials, and truth commissions. Nanci Adler has
gathered leading specialists to scrutinize the responses to and
effects of violent pasts that provide new perspectives for
understanding and applying transitional justice mechanisms in an
effort to stop the recycling of old repressions into new ones.
This study recounts the reasons why the order for the Herero
genocide was very likely issued by the Kaiser himself, and why
proof of this has not emerged before now. In 1904, the indigenous
Herero people of German South West Africa (now Namibia) rebelled
against their German occupiers. In the following four years, the
German army retaliated, killing between 60,000 and 100,000 Herero
people, one of the worst atrocities ever. The history of the Herero
genocide remains a key issue for many around the world partly
because the German policy not to pay reparations for the Namibian
genocide contrasts with its long-standing Holocaust reparations
policy. The Herero case bears not only on transitional justice
issues throughout Africa, but also on legal issues elsewhere in the
world where reparations for colonial injustices have been called
for. This book explores the events within the context of German
South West Africa (GSWA) as the only German colony where settlement
was actually attempted. The study contends that the genocide was
not the work of one rogue general or the practices of the military,
but that it was inexorably propelled by Germany's national goals at
the time. The book argues that the Herero genocide was linked to
Germany's late entry into the colonial race, which led it
frenetically and ruthlessly to acquire multiple colonies all over
the world within a very short period, using any means available.
Jeremy Sarkin is Chairperson-Rapporteur of the United Nations
Working Group on Enforced or Involuntary Disappearances, and is at
present Distinguished Visiting Professor of Law at Hofstra
University in Hempstead, New York. He is also an Attorney of the
High Court of South Africa and of the State of New York. A graduate
of theUniversity of the Western Cape and of Harvard Law School he
has been visiting professor at several US universities where he has
taught Comparative Law, International Human Rights Law,
International Criminal Law and Transitional Justice Southern Africa
(South Africa, Botswana, Lesotho, Swaziland, Namibia and Zimbabwe):
University of Cape Town Press/Juta
This book emerges at a time when there is growing criticism of both
truth commissions and transitional justice as a whole. Its purpose
is to understand the impact and legacy of these institutions over
the past fifty years.
Reconciliation in Divided Societies Finding Common Ground Erin Daly
and Jeremy Sarkin "Erin Daly and Jeremy Sarkin . . . offer a
breath-taking "tour de force" of the theory and practice of
reconciliation. Their work is integrated and interdisciplinary. It
moves effortlessly from law to literature, seamlessly from
philosophy to psychology, and inclusively from art to
history."--"International Journal of Transitional Justice" "An
invaluable contribution to our understanding of conflict and
reconciliation."--"Negotiation Journal" "As nations struggling to
heal wounds of civil war and atrocity turn toward the model of
reconciliation, "Reconciliation in Divided Societies" takes a
systematic look at the political dimensions of this international
phenomenon. . . . The book shows us how this transformation happens
so that we can all gain a better understanding of how, and why,
reconciliation really works. It is an almost indispensable tool for
those who want to engage in reconciliation"--from the foreword by
Archbishop Emeritus Desmond Tutu As societies emerge from
oppression, war, or genocide, their most important task is to
create a civil society strong and stable enough to support
democratic governance. More and more conflict-torn countries
throughout the world are promoting reconciliation as central to
their new social order as they move toward peace and stability.
Scores of truth and reconciliation commissions are helping bring
people together and heal the wounds of deeply divided societies.
Since the South African transition, countries as diverse as Timor
Leste, Sierra Leone, Fiji, Morocco, and Peru, among others, have
placed reconciliation at the center of their reconstruction and
development programs. Other efforts to promote
reconciliation--including trials and governmental programs--are
also becoming more prominent in transitional times. But until now
there has been no real effort to understand exactly what
reconciliation could mean in these different situations. What does
true reconciliation entail? How can it be achieved? How can its
achievement be assessed? This book digs beneath the surface to
answer these questions and explain what the concepts of truth,
justice, forgiveness, and reconciliation really involve in
societies that are recovering from internecine strife. Erin Daly is
Professor of Law at Widener University in Wilmington, Delaware,
specializing in American and comparative constitutional law. She is
a member of the American Society of International Law and the U.S.
Association of Constitutional Law. Jeremy Sarkin is Senior
Professor of Law at the University of Western Cape in Cape Town,
South Africa. A former acting judge in the Cape High Court, his
recent books include "Carrots and Sticks: The TRC and the South
African Amnesty Process" and "The Administration of Justice:
Comparative Perspectives." Pennsylvania Studies in Human Rights
2006 344 pages 6 x 9 ISBN 978-0-8122-3976-8 Cloth $65.00s 42.50
ISBN 978-0-8122-2124-4 Paper $26.50s 17.50 World Rights Political
Science, Anthropology Short copy: As nations struggling to heal
wounds of civil war and atrocity turn toward the model of
reconciliation, "Reconciliation in Divided Societies" takes a
systematic look at the political dimensions of this international
phenomenon.
Since the 1980s, an array of legal and non-legal
practices—labeled Transitional Justice—has been developed to
support post-repressive, post-authoritarian, and post-conflict
societies in dealing with their traumatic past. In Understanding
the Age of Transitional Justice, the contributors analyze the
processes, products, and efficacy of a number of transitional
justice mechanisms and look at how genocide, mass political
violence, and historical injustices are being institutionally
addressed. They invite readers to speculate on what (else) the
transcripts produced by these institutions tell us about the past
and the present, calling attention to the influence of implicit
history conveyed in the narratives that have gained an audience
through international criminal tribunals, trials, and truth
commissions. Nanci Adler has gathered leading specialists to
scrutinize the responses to and effects of violent pasts that
provide new perspectives for understanding and applying
transitional justice mechanisms in an effort to stop the recycling
of old repressions into new ones. Â
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