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.

Als Belgien, Polen und die Niederlande während des Zweiten Weltkrieges besetzt wurden, kollaborierten Teile der politischen Elite und der Bevölkerung mit den Besatzern. Wie mit diesen Kollaborateuren nach dem Krieg verfahren wurde, und welche Folgen dies für das politische System der Nachkriegszeit, für Demokratisierung und das Fortbestehen totalitärer Tendenzen hatte, untersucht der Autor aus anthropologischer und sozialwissenschaftlicher Perspektive. Seine überraschende Schlussfolgerung: Lynchjustiz und wilde Säuberungen erfüllen wichtige soziale Funktionen. Umfangreiche und durchgreifende politische Säuberungen tragen unter Umständen mehr zur Fortdauer totalitärer Tendenzen in einer Gesellschaft bei als eine oberflächliche aber spektakuläre Abrechnung mit wenigen prominenten Tätern.

A History of Rwanda: From the Monarchy to Post-genocidal Justice provides a complete history of Rwanda, from the precolonial abanyiginya kingdom, through the German and Belgian colonial periods and subsequent independence, and then the devastating 1994 genocide and reconstruction, right up to the modern day. Based on extensive archival research, this book provides new insights and corrects many popular stereotypes about Rwanda, aiming to go beyond the polarized and heated debates focused on the genocide and the events that followed. Readers will get a clear and broad picture of Rwanda's history and the social and political contexts that have defined the county from the pre-colonial period onwards. Embedding Rwanda's history in the regional context, this book avoids simple moral judgements and instead shows where and when Rwanda differed from its neighbours and how the country's history fits into larger debates about colonialism, genocide, ethnicity, race and development. Offering a full and balanced exploration of Rwanda's rich and paradoxical history, this book will be an important read for researchers and students of African history, genocide studies, transitional justice, colonialism, and political and social anthropology.

The book shows how transitional justice experiences influence domestic change and what the role of the international community in these processes is. It is divided into three thematic parts. The first one presents regional and local transitional justice efforts, aiming at showing different mechanisms implemented within transitional justice mechanisms. The following part deals with the role and impact of international criminal tribunals set up to prosecute grave human rights abuses. The third part is devoted to the role of the international community in mass atrocity crimes prevention. The contributions prove that transitional justice measures are not universal. Rather, they must be characterized by the principle of local ownership and be crafted to circumstances on the ground.

Do International Criminal Tribunals trigger social change, provide reconciliation, stabilize fragile post-conflict societies? Many authors claim they do, but they base their assumptions mainly on theoretical considerations and opinion polls. The editors and authors of this book take a different position: based on extensive field research in nine European and African countries, they examine whether tribunal decisions resulted in changes in media frames about the conflicts which gave rise to the creation of these tribunals. International Tribunals hardly ever shape or change the grand narratives about wars and other conflicts, but they often manage to trigger small changes in media frames which, in some cases, even lead to public reflexion about guilt and responsibility and more awareness for (the respective enemy's) victims. On an empirical basis, this book shows the potential of International Criminal Justice, the possibilities, but also the limits of International Criminal Tribunals. Volume 2 presents the evidence from Kenya, Rwanda, Sudan and South Sudan.

This book takes stock of opinion polls in communist and post-communist states, presents specific case studies and answers the question how opinion polls under conditions of censorship and lack of media pluralism differ from those in liberal democratic societies. These polls were mostly used by the ruling establishment to observe shifts in popular opinion and to anticipate protests. They were hardly presented publicly to inform citizens about the prevailing views in their society. Today, these polls often display stories about everyday life, opinion shifts and the legitimacy of state institutions which cannot be derived from other sources.

Both the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) are now about to close. Bachmann and Fatic look back at the achievements and shortcomings of both tribunals from an interdisciplinary perspective informed by sociology, political science, history, and philosophy of law and based upon on two key notions: the concepts of legitimacy and efficiency. The first asks to what extent the input (creation) of, the ICTY and the ICTR can be regarded as legitimate in light of the legal and public debate in the early 1990s. The second confronts the output (the procedures and decisions) of the ICTY and the ICTR with the tasks both tribunals were assigned by the UN Security Council, the General Assembly, and by key organs (the president and the chief prosecutors). The authors investigate to what extent the ICTY and the ICTR have delivered the expected results, whether they have been able to contribute to 'the maintenance of peace', 'stabilization' of the conflict regions, or even managed to provide 'reconciliation' to Rwanda. Furthermore, the book is concerned with how many criminals, over whom the ICTY and the ICTR wield jurisdiction, have actually been prosecuted and at what cost. Offering the first balanced and in depth analysis of the International Criminal Tribunals, the volume provides an important insight into what lessons have been learned, and how a deeper understanding of the successes and failures can benefit the international legal community in the future.

The EU s internal borders have become mostly invisible. Today, external borders are at the centre of controversy about an alleged 'fortress Europe'. Using different theoretical and methodological perspectives this book examines the challenges facing the EU s external borders, including Neighborhood Policy, migration issues and the diffusion of norms and values to other countries.

Divided into two parts, the book first presents different theoretical approaches and empirical studies of the EU s external borders, mobility and security issues. It is an invaluable guide to border research within a framework of European Integration and Globalization Studies. The second part of this volume focuses on the analyses of the EU s Neighbourhood Policy, the approach to Eastern Europe and EU energy policy. Expert contributors collaborate to explore debates about migration, the EU as a normative, 'civil' power, energy security and the securitization of borders. Highly relevant and insightful, the text provides a timely assessment of EU borders in an increasingly globalized and integrated European neighbourhood.

The EU's Shifting Borders will be of interest to students and scholars of European Union Politics and International Relations."

The EU's internal borders have become mostly invisible. Today, external borders are at the centre of controversy about an alleged 'fortress Europe'. Using different theoretical and methodological perspectives this book examines the challenges facing the EU's external borders, including Neighborhood Policy, migration issues and the diffusion of norms and values to other countries. Divided into two parts, the book first presents different theoretical approaches and empirical studies of the EU's external borders, mobility and security issues. It is an invaluable guide to border research within a framework of European Integration and Globalization Studies. The second part of this volume focuses on the analyses of the EU's Neighbourhood Policy, the approach to Eastern Europe and EU energy policy. Expert contributors collaborate to explore debates about migration, the EU as a normative, 'civil' power, energy security and the securitization of borders. Highly relevant and insightful, the text provides a timely assessment of EU borders in an increasingly globalized and integrated European neighbourhood. The EU's Shifting Borders will be of interest to students and scholars of European Union Politics and International Relations.

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.

Why do states ban certain statements and interpretations of the past, how do they ban them and what are the practical consequences? This book offers an answer to these questions and at the same time examines, whether the respective legislation was supply-or demand-driven and how prosecutors and courts applied it. The comparison between Germany, Poland, Ukraine, Rwanda and Turkey offers several surprising insights: in most countries, memory law legislation is supply driven and imposed on a reluctant society, in some countries they target apolitical hooligans more than intellectuals or the government's political opponents. The book also discusses, why and how liberal democracies differ from hybrid regimes in their approach to punitive memory laws and how such laws can be tailored to avoid constraints on free speech, the freedom of the press and academic freedoms.

International Criminal Tribunals do not only do justice and judge the perpetrators of the most heinous crimes. Their decisions often affect whole societies, governments, legislation in distant countries and trigger processes od adaptation in the administration of countries, which are under the jurisdiction of such a tribunal. This book present the first part of the results of a five-year international research project, based on field research in ten European and African countries. It shows how and when International Criminal Tribunals can trigger institutional reforms even in non-democratic countries, and when and how some governments resisted the tribunals' influence. The editors and authors make an important contribution to the debates in International Relations, International Law and Political Science by showing the possibilities and limits of International Criminal Justice. Volume 1 presents the evidence from field studies in Rwanda, Kenya, Sudan, South Sudan, Libya, Kosovo, Bosnia-Herzegovina, Serbia, Croatia and Montenegro.

International Criminal Tribunals do not only do justice and judge the perpetrators of the most heinous crimes. Their decisions often affect whole societies, governments, legislation in distant countries and trigger processes od adaptation in the administration of countries, which are under the jurisdiction of such a tribunal. This book present the first part of the results of a five-year international research project, based on field research in ten European and African countries. It shows how and when International Criminal Tribunals can trigger institutional reforms even in non-democratic countries, and when and how some governments resisted the tribunals' influence. The editors and authors make an important contribution to the debates in International Relations, International Law and Political Science by showing the possibilities and limits of International Criminal Justice. Volume 2 presents the evidence from field studies in Sudan, South Sudan, Libya, Kenya, Kosovo, Ukraine and Russia.

Are the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) independent actors, who mete out fair and un-biased justice, or instruments of a new world order, which execute the will of the most powerful states? By applying process tracing and frame analysis, this book reveals the interplay between the power politics of states, the agenda setting power of international criminal tribunals and the scope of the autonomy which the tribunals, the prosecutors and judges enjoy - and how they make use of it. The book details the mechanisms that govern judicial behaviour at the ICTY and the ICTR as well as the influence of the media, non-governmental organisations, governments and international organisations on judges and prosecutors. Last but not least, it shows why and how initially controversial frames like those about the "genocide in Srebrenica" and "the Rwandan genocide" became almost undisputed notions which are hardly challenged by anyone today.

Both the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) are now about to close. Bachmann and Fatic look back at the achievements and shortcomings of both tribunals from an interdisciplinary perspective informed by sociology, political science, history, and philosophy of law and based upon on two key notions: the concepts of legitimacy and efficiency. The first asks to what extent the input (creation) of, the ICTY and the ICTR can be regarded as legitimate in light of the legal and public debate in the early 1990s. The second confronts the output (the procedures and decisions) of the ICTY and the ICTR with the tasks both tribunals were assigned by the UN Security Council, the General Assembly, and by key organs (the president and the chief prosecutors). The authors investigate to what extent the ICTY and the ICTR have delivered the expected results, whether they have been able to contribute to 'the maintenance of peace', 'stabilization' of the conflict regions, or even managed to provide 'reconciliation' to Rwanda. Furthermore, the book is concerned with how many criminals, over whom the ICTY and the ICTR wield jurisdiction, have actually been prosecuted and at what cost. Offering the first balanced and in depth analysis of the International Criminal Tribunals, the volume provides an important insight into what lessons have been learned, and how a deeper understanding of the successes and failures can benefit the international legal community in the future.

Do International Criminal Tribunals trigger social change, provide reconciliation, stabilize fragile post-conflict societies? Many authors claim they do, but they base their assumptions mainly on theoretical considerations and opinion polls. The editors and authors of this book take a different position: based on extensive field research in nine European and African countries, they examine whether tribunal decisions resulted in changes in media frames about the conflicts which gave rise to the creation of these tribunals. International Tribunals hardly ever shape or change the grand narratives about wars and other conflicts, but they often manage to trigger small changes in media frames which, in some cases, even lead to public reflexion about guilt and responsibility and more awareness for (the respective enemy's) victims. On an empirical basis, this book shows the potential of International Criminal Justice, the possibilities, but also the limits of International Criminal Tribunals. Volume 1 presents the evidence from Bosnia-Herzegovina, Montenegro, Kosovo, Serbia and Croatia.

Between 1904 and 1907, German soldiers, settlers and mercenaries committed mass murder in Africa. Can this be considered the first genocide of the 20th century? Was it a forecast of the Third Reich's extermination policy in Central and Eastern Europe? This book provides the answer. Based on extensive archival and library research in Tanzania, Namibia, South Africa, Germany and Poland as well as on the most recent and up-to-date jurisprudence of international criminal tribunals, the renowned historian and political scientist Klaus Bachmann paints a new and surprising picture of the events and their legal significance, which many will find disturbing and provocative. It abolishes many well-established interpretations about German colonialism and its alleged links with the Third Reich and provides a new and intriguing contribution to the current post-colonial debate.

Der Autor untersucht die Auswirkungen der Wahlsiege der rechtspopulistischen Partei "Recht und Gerechtigkeit" in 2015. Sie gewann sowohl die Prasidentschafts- als auch die Parlamentswahlen in Polen und konnte als erste Partei nach 1989 ohne Koalitionspartner eine Regierung bilden. Mit geradezu revolutionarem Eifer ging sie daran, die bestehende Verfassungsordnung zu sturzen. Dieses Buch beschaftigt sich ausfuhrlich mit den Ursachen und gesellschaftlichen Hintergrunden fur diese Entwicklung und ihren Folgen fur Demokratie, Rechtsstaatlichkeit und innenpolitische Stabilitat in Polen. Es diskutiert die Konsequenzen fur die internationale Position Polens in der EU und der NATO. Der Autor halt fest, dass die Entwicklung nicht nur einen Bruch mit der Verfassungsordnung, sondern auch mit den Traditionen und politischen Werten der polnischen Rechten und der aussenpolitischen Grundlinie der Dritten Polnischen Republik darstellt.