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Transitional justice seeks to establish a break between the violent
past and a peaceful, democratic future, and is based on compelling
frameworks of resolution, rupture and transition. Bringing together
contributions from the disciplines of law, history and
anthropology, this comprehensive volume challenges these
frameworks, opening up critical conversations around the concepts
of justice and injustice; history and record; and healing,
transition and resolution. The authors explore how these concepts
operate across time and space, as well as disciplinary boundaries.
They examine how transitional justice mechanisms are utilised to
resolve complex legacies of violence in ways that are often narrow,
partial and incomplete, and reinforce existing relations of power.
They also destabilise the sharp distinction between 'before' and
'after' war or conflict that narratives of transition and
resolution assume and reproduce. As transitional justice continues
to be celebrated and promoted around the globe, this book provides
a much-needed reflection on its role and promises. It not only
critiques transitional justice frameworks but offers new ways of
thinking about questions of violence, conflict, justice and
injustice. It was originally published as a special issue of the
Australian Feminist Law Journal.
The Dynamics of Transitional Justice draws on the case of East
Timor in order to reassess how transitional justice mechanisms
actually play out at the local level. Transitional justice
mechanisms - including trials and truth commissions - have become
firmly entrenched as part of the United Nations 'tool-kit' for
successful post-conflict recovery. It is now commonly assumed that
by establishing individual accountability for human rights
violations, and initiating truth-seeking and reconciliation
programs, individuals and societies will be assisted to 'come to
terms' with the violent past and states will make the 'transition'
to peaceful, stable liberal democracies. Set against the backdrop
of East Timor's referendum and the widespread violence of 1999,
this book interrogates the gap between the official claims made for
transitional justice and local expectations. Drawing on a wide
range of sources, including extensive in-depth interviews with
victims/survivors, community leaders and other actors, it produces
a nuanced and critical account of the complex interplay between
internationally-sponsored trials and truth commissions, national
justice agendas and local priorities. The Dynamics of Transitional
Justice fills a significant gap in the existing social science
literature on transitional justice, and offers new insights for
researchers and practitioners alike.
The Dynamics of Transitional Justice draws on the case of East
Timor in order to reassess how transitional justice mechanisms
actually play out at the local level. Transitional justice
mechanisms - including trials and truth commissions - have become
firmly entrenched as part of the United Nations 'tool-kit' for
successful post-conflict recovery. It is now commonly assumed that
by establishing individual accountability for human rights
violations, and initiating truth-seeking and reconciliation
programs, individuals and societies will be assisted to 'come to
terms' with the violent past and states will make the 'transition'
to peaceful, stable liberal democracies. Set against the backdrop
of East Timor's referendum and the widespread violence of 1999,
this book interrogates the gap between the official claims made for
transitional justice and local expectations. Drawing on a wide
range of sources, including extensive in-depth interviews with
victims/survivors, community leaders and other actors, it produces
a nuanced and critical account of the complex interplay between
internationally-sponsored trials and truth commissions, national
justice agendas and local priorities. The Dynamics of Transitional
Justice fills a significant gap in the existing social science
literature on transitional justice, and offers new insights for
researchers and practitioners alike.
Reconceiving Civil Society and Transitional Justice examines the
role of civil society in transitional justice, exploring the forms
of civil society that are enabled or disabled by transitional
justice processes and the forms of transitional justice activity
that are enabled and disabled by civil society actors. Although
civil society organisations play an integral role in the pursuit of
transitional justice in conflict-affected societies, the literature
lacks a comprehensive conceptualisation of the diversity and
complexity of these roles. This reflects the degree to which
dominant approaches to transitional justice focus on liberal-legal
justice strategies and international human rights norms. In this
context, civil society organisations are perceived as
intermediaries who are thought to advocate for and support formal,
liberal transitional justice processes. The contributions to this
volume demonstrate that the reality is more complicated; civil
society can - and does - play important roles in enabling formal
transitional justice processes, but it can also disrupt them.
Informed by detailed fieldwork across Asia and the Pacific Islands,
the contributions demonstrate that neither transitional justice or
civil society should be treated as taken-for-granted concepts.
Demonstrating that neither transitional justice or civil society
should be treated as taken-for-granted concepts, Reconceiving Civil
Society and Transitional Justice will be of great interest to
scholars of Security Studies, Asian Studies, Peacebuilding, Asia
Pacific, Human Rights, Reconciliation and the Politics of Memory.
The chapters were originally published as a special issue of Global
Change, Peace & Security.
The concept of hybridity highlights complex processes of
interaction and transformation between different institutional and
social forms, and normative systems. It has been used in numerous
ways to generate important analytical and methodological insights
into peacebuilding and development. Its most recent application in
the social sciences has also attracted powerful critiques that have
highlighted its limitations and challenged its continuing usage.
This book examines whether the value of hybridity as a concept can
continue to be harnessed, and how its shortcomings might be
mitigated or overcome. It does so in an interdisciplinary way, as
hybridity has been used as a benchmark across multiple disciplines
and areas of practical engagement over the past decade - including
peacebuilding, state-building, justice reform, security,
development studies, anthropology, and economics. This book
encourages a dialogue about the uses and critiques of hybridity
from a variety of perspectives and vantage points, including deeply
ethnographic works, high-level theory, and applied policy work. The
authors conclude that there is continued value in the concept of
hybridity, but argue that this value can only be realised if the
concept is engaged with in a reflexive and critical way. This book
was originally published as a special issue of the online journal
Third World Thematics.
Transitional justice seeks to establish a break between the violent
past and a peaceful, democratic future, and is based on compelling
frameworks of resolution, rupture and transition. Bringing together
contributions from the disciplines of law, history and
anthropology, this comprehensive volume challenges these
frameworks, opening up critical conversations around the concepts
of justice and injustice; history and record; and healing,
transition and resolution. The authors explore how these concepts
operate across time and space, as well as disciplinary boundaries.
They examine how transitional justice mechanisms are utilised to
resolve complex legacies of violence in ways that are often narrow,
partial and incomplete, and reinforce existing relations of power.
They also destabilise the sharp distinction between 'before' and
'after' war or conflict that narratives of transition and
resolution assume and reproduce. As transitional justice continues
to be celebrated and promoted around the globe, this book provides
a much-needed reflection on its role and promises. It not only
critiques transitional justice frameworks but offers new ways of
thinking about questions of violence, conflict, justice and
injustice. It was originally published as a special issue of the
Australian Feminist Law Journal.
During the 24-year Indonesian occupation of East Timor, thousands
of people died, or were killed, in circumstances that did not allow
the required death rituals to be performed. Since the nation's
independence, families and communities have invested considerable
time, effort and resources in fulfilling their obligations to the
dead. These obligations are imbued with urgency because the dead
are ascribed agency and can play a benevolent or malevolent role in
the lives of the living. These grassroots initiatives run,
sometimes critically, in parallel with official programs that seek
to transform particular dead bodies into public symbols of heroism,
sacrifice and nationhood. The Dead as Ancestors, Martyrs, and
Heroes in Timor-Leste focuses on the dynamic interplay between the
potent presence of the dead in everyday life and their symbolic
usefulness to the state. It underlines how the dead shape
relationships amongst families, communities and the nation-state,
and open an important window into - are in fact pivotal to -
processes of state and nation formation.
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