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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.
The unmarked mass graves left by war and acts of terror are lasting
traces of violence in communities traumatized by fear, conflict,
and unfinished mourning. Like silent testimonies to the wounds of
history, these graves continue to inflict harm on communities and
families that wish to bury or memorialize their lost kin. Changing
political circumstances can reveal the location of mass graves or
facilitate their exhumation, but the challenge of identifying and
recovering the dead is only the beginning of a complex process that
brings the rights and wishes of a bereaved society onto a
transnational stage. Necropolitics: Mass Graves and Exhumations in
the Age of Human Rights examines the political and social
implications of this sensitive undertaking in specific local and
national contexts. International forensic methods, local-level
claims, national political developments, and transnational human
rights discourse converge in detailed case studies from the United
States, Argentina, Chile, Peru, Spain, Bosnia-Herzegovina, Greece,
Rwanda, Cambodia, and Korea. Contributors analyze the role of
exhumations in transitional justice from the steps of interviewing
eyewitnesses and survivors to the painstaking forensic recovery and
comparison of DNA profiles. This innovative volume demonstrates
that contemporary exhumations are as much a source of personal,
historical, and criminal evidence as instruments of redress for
victims through legal accountability and memory politics.
Contributors: Zoe Crossland, Francisco Ferrandiz, Luis Fondebrider,
Iosif Kovras, Heonik Kwon, Isaias Rojas-Perez, Antonius C. G. M.
Robben, Elena Lesley, Katerina Stefatos, Francesc Torres, Sarah
Wagner, Richard Ashby Wilson.
This book asks whether human rights, since the 9/11 attacks and the
'war on terror, ' are a luxury we can no longer afford, or rights
that must always remain a fundamental part of democratic politics,
in order to determine the boundary between individual freedom and
government tyranny. This volume brings together leading
international lawyers, policy-makers, scholars and activists in the
field of human rights to evaluate the impact of the 'war on terror'
on human rights, as well as to develop a counter-terror strategy
which takes human rights seriously. While some contributors argue
that war is necessary in defense of liberal democracy, others
assert that it is time to move away from the war model towards a
new paradigm based upon respect for human rights, an
internationally-coordinated anti-terror justice strategy, and a
long-term political vision that can reduce the global tensions that
generate a political constituency for terrorists.
International and national armed conflicts are usually preceded by
a media campaign in which public figures foment ethnic, national,
racial or religious hatred, inciting listeners to acts of violence.
Incitement on Trial evaluates the efforts of international criminal
tribunals to hold such inciters criminally responsible. This is an
unsettled area of international criminal law, and prosecutors have
often struggled to demonstrate a causal connection between speech
acts and subsequent crimes. This book identifies 'revenge speech'
as the type of rhetoric with the greatest effects on empathy and
tolerance for violence. Wilson argues that inciting speech should
be handled under the preventative doctrine of inchoate crimes, but
that once international crimes have been committed, then ordering
and complicity are the most appropriate forms of criminal
liability. Based in extensive original research, this book proposes
an evidence-based risk assessment model for monitoring political
speech.
Why do international criminal tribunals write histories of the
origins and causes of armed conflicts? Richard Ashby Wilson
conducted empirical research with judges, prosecutors, defense
attorneys, and expert witnesses in three international criminal
tribunals to understand how law and history are combined in the
courtroom. Historical testimony is now an integral part of
international trials, with prosecutors and defense teams using
background testimony to pursue decidedly legal objectives. Both use
historical narratives to frame the alleged crimes and to articulate
their side's theory of the case. In the Slobodan Milo evi trial,
the prosecution sought to demonstrate special intent to commit
genocide by reference to a long-standing animus, nurtured within a
nationalist mind-set. For their part, the defense calls historical
witnesses to undermine charges of superior responsibility, and to
mitigate the sentence by representing crimes as reprisals. Although
legal ways of knowing are distinctive from those of history, the
two are effectively combined in international trials in a way that
challenges us to rethink the relationship between law and history.
Why do international criminal tribunals write histories of the
origins and causes of armed conflicts? Richard Ashby Wilson
conducted empirical research with judges, prosecutors, defense
attorneys, and expert witnesses in three international criminal
tribunals to understand how law and history are combined in the
courtroom. Historical testimony is now an integral part of
international trials, with prosecutors and defense teams using
background testimony to pursue decidedly legal objectives. Both use
historical narratives to frame the alleged crimes and to articulate
their side's theory of the case. In the Slobodan Milo evi trial,
the prosecution sought to demonstrate special intent to commit
genocide by reference to a long-standing animus, nurtured within a
nationalist mind-set. For their part, the defense calls historical
witnesses to undermine charges of superior responsibility, and to
mitigate the sentence by representing crimes as reprisals. Although
legal ways of knowing are distinctive from those of history, the
two are effectively combined in international trials in a way that
challenges us to rethink the relationship between law and history.
Humanitarian sentiments have motivated a variety of manifestations
of pity, from nineteenth-century movements to end slavery to the
creation of modern international humanitarian law. While
humanitarianism is clearly political, Humanitarianism and Suffering
addresses the ways in which it is also an ethos embedded in civil
society, one that drives secular and religious social and cultural
movements, not just legal and political institutions. As an ethos,
humanitarianism has a strong narrative and representational
dimension that can generate humanitarian constituencies for
particular causes. The emotional nature of compassion is closely
linked to visual and literary images of suffering and innocence.
Essays in the volume analyze the character, form, and voice of
private or public narratives themselves and explain how and why
some narratives of suffering energize political movements of
solidarity, whereas others do not. Humanitarianism and Suffering
explores when, how, and why humanitarian movements become
widespread popular movements. It shows how popular sentiments move
political and social elites to action and, conversely, how national
elites appropriate humanitarian ideals for more instrumental ends.
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
Humanitarian sentiments have motivated a variety of manifestations
of pity, from nineteenth-century movements to end slavery to the
creation of modern international humanitarian law. While
humanitarianism is clearly political, this text addresses the ways
in which it is also an ethos embedded in civil society, one that
drives secular and religious social and cultural movements, not
just legal and political institutions. As an ethos, humanitarianism
has a strong narrative and representational dimension that can
generate humanitarian constituencies for particular causes. Essays
in the volume analyze the character, form, and voice of private or
public narratives themselves and explain how and why some
narratives of suffering energize political movements of solidarity,
whereas others do not. Humanitarianism and Suffering explores when,
how, and why humanitarian movements become widespread popular
movements. It shows how popular sentiments move political and
social elites to action and, conversely, how national elites
appropriate humanitarian ideals for more instrumental ends.
This book asks whether human rights, since the 9/11 attacks and the
'war on terror, ' are a luxury we can no longer afford, or rights
that must always remain a fundamental part of democratic politics,
in order to determine the boundary between individual freedom and
government tyranny. This volume brings together leading
international lawyers, policy-makers, scholars and activists in the
field of human rights to evaluate the impact of the 'war on terror'
on human rights, as well as to develop a counter-terror strategy
which takes human rights seriously. While some contributors argue
that war is necessary in defense of liberal democracy, others
assert that it is time to move away from the war model towards a
new paradigm based upon respect for human rights, an
internationally-coordinated anti-terror justice strategy, and a
long-term political vision that can reduce the global tensions that
generate a political constituency for terrorists.
A world characterized by ethno-nationalist struggles, civil wars,
and political violence has led anthropologists to examine in more
detail the relationships between state violence, ideas about
"culture", and the activities of human rights organizations. This
text considers recent theoretical insights into the politics of
identity and traces the concrete interconnections created by the
globalization of human rights. Drawing on case studies from around
the world - Guatemala, Mauritius, Amazonia, Hawaii, Iran, the
United States and Mexico - this collection documents how
transnational human rights discourses and legal institutions are
materialized, imposed, resisted and transformed in a variety of
contexts.
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