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Scholars and practitioners working in 'transitional justice' are
concerned with remedies of accountability and redress in the
aftermath of conflict and state repression. Transitional justice,
it is argued, provides recognition of the rights of victims,
promotes civic trust, and strengthens the democratic rule of law.
As serious scholarship flourishes around this critical concept as
never before, this new collection from Routledge meets the need for
an authoritative reference work to map a vibrant site of research
and reflection. In four volumes, Transitional Justice is an
accessible database which brings together foundational and the best
and most influential cutting-edge materials, including key works
produced before the term 'transitional justice' gained wide
currency but which anticipate approaches now included under that
rubric. The collection covers themes such as: truth and history;
acknowledgement, reconciliation, and forgiveness; retribution,
restorative justice and reparations; and democracy, state-building,
identity, and civil society. Fully indexed and with a comprehensive
introduction, newly written by the editors, Transitional Justice is
an essential work of reference.
Amnesty laws are political tools used since ancient times by states
wishing to quell dissent, introduce reforms, or achieve peaceful
relationships with their enemies. In recent years, they have become
contentious due to a perception that they violate international
law, particularly the rights of victims, and contribute to further
violence. This view is disputed by political negotiators who often
argue that amnesty is a necessary price to pay in order to achieve
a stable, peaceful, and equitable system of government. This book
aims to investigate whether an amnesty necessarily entails a
violation of a state's international obligations, or whether an
amnesty, accompanied by alternative justice mechanisms, can in fact
contribute positively to both peace and justice. This study began
by constructing an extensive Amnesty Law Database that contains
information on 506 amnesty processes in 130 countries introduced
since the Second World War. The database and chapter structure were
designed to correspond with the key aspects of an amnesty: why it
was introduced, who benefited from its protection, which crimes it
covered, and whether it was conditional. In assessing conditional
amnesties, related transitional justice processes such as selective
prosecutions, truth commissions, community-based justice
mechanisms, lustration, and reparations programmes were considered.
Subsequently, the jurisprudence relating to amnesty from national
courts, international tribunals, and courts in third states was
addressed. The information gathered revealed considerable disparity
in state practice relating to amnesties, with some aiming to
provide victims with a remedy, and others seeking to create
complete impunity for perpetrators. To date, few legal trends
relating to amnesty laws are emerging, although it appears that
amnesties offering blanket, unconditional immunity for state agents
have declined. Overall, amnesties have increased in popularity
since the 1990s and consequently, rather than trying to dissuade
states from using this tool of transitional justice, this book
argues that international actors should instead work to limit the
more negative forms of amnesty by encouraging states to make them
conditional and to introduce complementary programmes to repair the
harm and prevent a repetition of the crimes. David Dyzenhaus "This
is one of the best accounts in the truth and reconciliation
literature I've read and certainly the best piece of work on
amnesty I've seen." Diane Orentlicher "Ms Mallinder's ambitious
project provides the kind of empirical treatment that those of us
who have worked on the issue of amnesties in international law have
long awaited. I have no doubt that her book will be a much-valued
and widely-cited resource."
Countries undergoing or recovering from conflict and
authoritarianism often face profound rule of law challenges. The
law on the statute books may be repressive, judicial independence
may be compromised, and criminal justice agencies may be captured
by powerful interests. How do lawyers working within such settings
imagine the law? How do they understand their ethical obligations
towards their clients and the rule of law? What factors motivate
them to use their legal practice and social capital to challenge
repressive power? What challenges and risks can they face if they
do so? And when do lawyers facilitate or acquiesce to illegality
and injustice? Drawing on over 130 interviews from Cambodia, Chile,
Israel, Palestine, South Africa, and Tunisia, this book explores
the extent to which theoretical understandings within law and
society research on the motivations, strategies, tactics, and
experiences of lawyers within democratic states apply to these more
challenging environments.
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