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Through war crimes prosecutions, truth commissions, purges of
perpetrators, reparations, and memorials, transitional justice
practices work under the assumptions that truth telling leads to
reconciliation, prosecutions bring closure, and justice prevents
the recurrence of violence. But when local responses to
transitional justice destabilize these assumptions, the result can
be a troubling disconnection between international norms and
survivors' priorities.
"Localizing Transitional Justice" traces how ordinary people
respond to--and sometimes transform--transitional justice
mechanisms, laying a foundation for more locally responsive
approaches to social reconstruction after mass violence and
egregious human rights violations. Recasting understandings of
culture and locality prevalent in international justice, this vital
book explores the complex, unpredictable, and unequal encounter
among international legal norms, transitional justice mechanisms,
national agendas, and local priorities and practices.
In a country or community fractured by war and mass violence, who
is to determine "justice" and how it should be achieved? Truth
commissions, international courts, and financial restitution are
some of the various solutions that have been used in recent years.
However, these broad efforts at transitional justice may themselves
backfire, and sometimes lead to further injustice. Given its own
limitations and battered by political pressure from all sides,
transitional justice is an imperfect solution. Yet as Pierre Hazan
contends in his new book, it constitutes our best hope for
liberation from a cycle of violence begetting vengeance and more
violence.
"Judging War, Judging History" takes a hard look at the growing use
and influence of truth and reconciliation commissions and the
increasing importance of transitional justice in contemporary
conflict resolution. From the Nuremberg Trials to current-day
conflicts in South Africa, Morocco, and Uganda, Pierre Hazan
reveals the extent to which the approaches intended to commemorate
events and mend societies after acts of war and violence ultimately
intensify the huge task of dealing with victims' claims for
recognition. This compelling book uncovers the tensions created by
these new reconciliation policies and shows how changing ideas
about and approaches to justice influence not only our
understanding of the past, but also our contemporary social and
political choices.
Through war crimes prosecutions, truth commissions, purges of
perpetrators, reparations, and memorials, transitional justice
practices work under the assumptions that truth telling leads to
reconciliation, prosecutions bring closure, and justice prevents
the recurrence of violence. But when local responses to
transitional justice destabilize these assumptions, the result can
be a troubling disconnection between international norms and
survivors' priorities. Localizing Transitional Justice traces how
ordinary people respond to-and sometimes transform-transitional
justice mechanisms, laying a foundation for more locally responsive
approaches to social reconstruction after mass violence and
egregious human rights violations. Recasting understandings of
culture and locality prevalent in international justice, this vital
book explores the complex, unpredictable, and unequal encounter
among international legal norms, transitional justice mechanisms,
national agendas, and local priorities and practices.
In a country or community fractured by war and mass violence, who
is to determine "justice" and how it should be achieved? Truth
commissions, international courts, and financial restitution are
some of the various solutions that have been used in recent years.
However, these broad efforts at transitional justice may themselves
backfire, and sometimes lead to further injustice. Given its own
limitations and battered by political pressure from all sides,
transitional justice is an imperfect solution. Yet as Pierre Hazan
contends in his new book, it constitutes our best hope for
liberation from a cycle of violence begetting vengeance and more
violence.
"Judging War, Judging History" takes a hard look at the growing use
and influence of truth and reconciliation commissions and the
increasing importance of transitional justice in contemporary
conflict resolution. From the Nuremberg Trials to current-day
conflicts in South Africa, Morocco, and Uganda, Pierre Hazan
reveals the extent to which the approaches intended to commemorate
events and mend societies after acts of war and violence ultimately
intensify the huge task of dealing with victims' claims for
recognition. This compelling book uncovers the tensions created by
these new reconciliation policies and shows how changing ideas
about and approaches to justice influence not only our
understanding of the past, but also our contemporary social and
political choices.
Can we achieve justice during war? Should law substitute for
realpolitik? Can an international court act against the global
community that created it? Justice in a Time of War is a
translation from the French of the first complete,
behind-the-scenes story of the International Criminal Tribunal for
the Former Yugoslavia, from its proposal by Balkan journalist Mirko
Klarin through recent developments in the trial of Slobodan
Milosevic. It is also a meditation on the conflicting intersection
of law and politics in achieving justice and peace. Le Monde's
review (November 3, 2000) of the original edition recommended
Hazan's book as a nuanced account of the Tribunal that should be a
must-read for the new leaders of Yugoslavia. "" The story Pierre
Hazan tells is that of an institution which, over the course of the
years, has managed to escape in large measure from the initial
hidden motives and manipulations of those who created it (and not
only the Americans)."" With insider interviews filling out every
scene, Hazan tells a chaotic story of war that raged while the
Western powers cobbled together a tribunal in order to avoid actual
intervention. The international lawyers and judges for this rump
world court started with nothing - but they ultimately established
the tribunal as an unavoidable actor in the Balkans. The West had
created the Tribunal in 1993, hoping to threaten international
criminals with indictment and thereby force an untenable peace. In
1999, the Tribunal suddenly became useful to NATO countries as a
means by which to criminalize Milosevic's regime and to justify
military intervention in Kosovo and in Serbia. Ultimately, this
hastened the end of Milosevic's rule and led the way to history's
first war crimes trial of a former president by an international
tribunal. Hazan's account of the Tribunal's formation and evolution
questions the contradictory policies of the Western powers and
illuminates a cautionary tale for the reader: realizing ideals in a
world enamored of realpolitik is a difficult and often haphazard
activity.
Can we achieve justice during war? Should law substitute for
realpolitik? Can an international court act against the global
community that created it? Justice in a Time of War is a
translation from the French of the first complete,
behind-the-scenes story of the International Criminal Tribunal for
the Former Yugoslavia, from its proposal by Balkan journalist Mirko
Klarin through recent developments in the trial of Slobodan
Milosevic. It is also a meditation on the conflicting intersection
of law and politics in achieving justice and peace. Le Monde's
review (November 3, 2000) of the original edition recommended
Hazan's book as a nuanced account of the Tribunal that should be a
must-read for the new leaders of Yugoslavia. "" The story Pierre
Hazan tells is that of an institution which, over the course of the
years, has managed to escape in large measure from the initial
hidden motives and manipulations of those who created it (and not
only the Americans)."" With insider interviews filling out every
scene, Hazan tells a chaotic story of war that raged while the
Western powers cobbled together a tribunal in order to avoid actual
intervention. The international lawyers and judges for this rump
world court started with nothing - but they ultimately established
the tribunal as an unavoidable actor in the Balkans. The West had
created the Tribunal in 1993, hoping to threaten international
criminals with indictment and thereby force an untenable peace. In
1999, the Tribunal suddenly became useful to NATO countries as a
means by which to criminalize Milosevic's regime and to justify
military intervention in Kosovo and in Serbia. Ultimately, this
hastened the end of Milosevic's rule and led the way to history's
first war crimes trial of a former president by an international
tribunal. Hazan's account of the Tribunal's formation and evolution
questions the contradictory policies of the Western powers and
illuminates a cautionary tale for the reader: realizing ideals in a
world enamored of realpolitik is a difficult and often haphazard
activity.
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