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This edited volume by Karen Guttieri and Jessica Piombo explores various aspects of the newly emerging range of interim regimes, focusing on issues of legitimacy, conflict management, and the increasing participation of the international community in transitions from war to peace.
Volume II of Model Codes for Post-Conflict Criminal Justice continues the path-breaking work of volume I, providing an indispensable resource for those striving to reestablish the rule of law in societies recently wracked by violent conflict.
Of unparalleled breadth, depth, and authority, the Model Codes for Post-Conflict Criminal Justice is a criminal law reform tool tailored to the needs of countries emerging from conflict. Its three volumes present four complete legal codes that national and international actors can use to create, overhaul, update, or plug gaps in the criminal laws in individual post-conflict states. Each volume offers not only substantive legal provisions but also expert commentary that explains wording choices, elaborates on the content of the provisions, and highlights associated considerations and reforms.
This volume, the first to be published (the second and third volumes will appear in spring 2008 and spring 2009), opens with a User’s Guide that explains the development, purpose, and content of the book, and then lays out a comprehensive Model Criminal Code. The code is divided into two parts: a “General Part” that contains general principles of criminal law and penalties, and a “Special Part” that presents a catalog of criminal offenses, including those such as sexual offenses, organized crime, and corruption that are particularly common or destabilizing in post-conflict environments.
The Model Codes for Post-Conflict Criminal Justice is the culmination of a six-year project spearheaded by the United States Institute of Peace and the Irish Centre for Human Rights, in collaboration with the UN Office of the High Commissioner for Human Rights and the UN Office on Drugs and Crime. More than two hundred experts and practitioners from across the world were involved in the drafting, vetting, and revision of the provisions and their commentaries. This enormous breadth of expertise has allowed the Model Codes to draw on lessons learned in a variety of post-conflict states and from the laws of a remarkable variety of the world’s legal systems and traditions. The result is an indispensable resource for those striving to reestablish the rule of law in societies recently wracked by violent conflict.
—Each copy of this volume contains a CD of the complete text.
Examines more than 20 transitions from World War II to the present, including the denazification programs of the 1950s, democratic transformations in southern Europe in the mid '70s and Latin America in the '80s, and decommunization efforts in the '90s.
Includes over 100 laws, regulations and decrees, constitutional provisions, judicial decisions, reports of official, commissions of inquiry, and treaty excerpts from 28 countries and from international organizations.
Assembles a rich variety of legal, political, and philosophical perspectives on how societies can deal with the legacy of repression.
In the first project of its kind to compare multiple mechanisms and combinations of mechanisms across regions, countries, and time, Transitional Justice in Balance: Comparing Processes, Weighing Efficacy systematically analyzes the claims made in the literature using a vast array of data, which the authors have assembled in the Transitional Justice Data Base.
A penetrating study of U.S. policy on peace operations, Perito examines the challenges of establishing sustainable security in postconflict environments in places like the Balkans, Afghanistan, and Iraq.