Transitional Justice and Rule of Law Reconstruction: A by Padraig McAuliffe

By Padraig McAuliffe

This brief and obtainable publication is the 1st to concentration completely at the inter-relation among transitional justice and rule of legislations reconstruction in post-conflict and post-authoritarian states. In so doing it offers a provocative reassessment of a number of the tangled relationships among the 2 fields, exploring the blind-spots, contradictions and possibilities for mutually-beneficial synergies in perform and scholarship among them. although it truly is typically assumed that transitional justice for earlier human rights abuses is inherently conducive to restoring the rule of thumb of legislation, ameliorations in how either fields conceptualise the rule of thumb of legislation, the scope of transition and duties to voters have ended in divergent techniques to transitional felony trial, overseas felony legislation, restorative justice and conventional justice mechanisms. Adopting a serious comparative process that assesses the reviews of post-authoritarian and post-conflict polities in Latin the USA, Asia, Europe and Africa present process transitional justice and justice zone reform at the same time, it argues that the capability advantages of transitional justice are exaggerated and urges policy-makers to rebalance the compromises inherent in transitional justice mechanisms opposed to the foundational calls for of rule of legislation reconstruction. This ebook can be of curiosity to students within the fields of transitional justice, rule of legislations, felony pluralism and peace-building involved through the failure of transitional justice to depart a good legacy to the justice method of the states the place it operates.

‘This is a daring and nuanced scrutiny of the overseas system’s method of transitional justice and the a lot vaunted rule of legislations undertaking. Dr McAulifee will be congratulated for this well-researched booklet which could be a needs to learn for not just students and researchers in transitional justice and peace and clash reports, but in addition policy-makers within the foreign system.’ Dr. Hakeem O. Yusuf, Senior Lecturer, University of Strathclyde and writer of Transitional Justice, Judicial responsibility and the rule of thumb of Law.

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Extra resources for Transitional Justice and Rule of Law Reconstruction: A Contentious Relationship

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L. Sriram, O. Martin-Ortega and J. ), Peacebuilding and Rule of Law in Africa (Oxford: Routledge, 2011), 197 at 198. W. Burke-White, ‘The Domestic Influence of International Criminal Tribunals: The International Criminal Tribunal for the Former Yugoslavia and the Creation of the State Court of Bosnia & Herzegovina’ (2008) 46 Columbia Journal of Transnational Law 279, 281, Ndulo and Duthie, supra n33, 265. 43 R. Kerr and E. Mobekk, Peace & Justice: Seeking Accountability After War (Cambridge: Polity Press, 2007), 124.

S/2011/634 of 12 October 2011. In 2003, the Office of the High Commissioner for Human Rights, as the United Nations focal point for coordinating system-wide attention for human rights, democracy and the rule of law, began to develop rule-of-law tools (policy documents) so as to ensure sustainable, long-term institutional capacity within UN missions to respond to these demands. The tools outline the rule of law implications for a number of transitional justice initiatives. Supra n50, esp. 178–347.

As the literature is voluminous in this regard, an editorial decision has been made to forgo an exploration of this area in the interests of more fully developing more neglected subjects. One gets the sense in much of the recent transitional justice literature that any research in the field that is not primarily focused on the everyday, the restorative or the community-level is irredeemably flawed, but rule of law reconstruction is generally an elite-driven, state-level phenomenon – cognisance is taken, however, of attempts to relate its programmes to ordinary lives, especially in Chapter 6 which examines traditional justice and the ‘from-below’ perspective.

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