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As new forms of government replace repressive regimes, the perennial question arises: how to deal with the wrongdoers of the old regime? In the effort to heal and rebuild societies torn by violence, new governments and the international community have tried mechanisms ranging from criminal trials and financial restitution to public denunciation to more symbolic measures such as truth commissions. The results have been mixed. But out of the often failed transitional justice processes of the past, a body of empirical research is emerging that can provide, if not prescriptive answers, at least better questions.
In Assessing the Impact of Transitional Justice, fourteen leading researchers study seventy countries that have suffered from autocratic rule, genocide, and protracted internal conflict. The authors gauge the effectiveness of various transitional justice mechanisms in wide-ranging sociocultural contexts. In a dramatic departure from the typically discursive, anecdotal literature, they use empirical research to make statistical comparisons among the bewildering array of factors that can affect the success or failure of transitional justice. Their findings will prove vitally important for policymakers, legal advocates, and anyone else faced with the daunting task of implementing or monitoring restorative justice processes.
From Chechnya to Bosnia, from the Kurds to the Palestinians, demands for separatism are fueling bitter and bloody conflicts. Yet, as this innovative study demonstrates, disputes between central governments and independence-minded minorities need not always escalate into violence and secession. Autonomy, by virtue of its essential adaptability, can offer a workable and peaceful compromise.
Ruth Lapidoth first dissects the concept of autonomy, exploring its origins, examining the roles it can play, and distinguishing among its types. With scrupulous objectivity, she then presents more than a dozen richly documented case studies of autonomy in action. Drawn from four continents and detailing failures as well as successes, these studies underline autonomy’s variety and versatility. Lapidoth’s pragmatic approach and impeccable scholarship frame the issues and lay out the factors likely to foster successful outcomes.
The concept of a “middle ground” between simple peace enforcement and traditional peacekeeping by lightly armed observers has been both ill defined and controversial. But the authors of this thoughtful yet challenging volume make a strong case for both the practicability and the desirability of such operations.
“Coercive inducement”—the term was suggested by Kofi Annan, when he was undersecretary general for peacekeeping—is a form of coercive diplomacy that relies more on the deployment and demonstration of military force than on the use of force per se. In the absence of such an option, the international community finds it hard to respond to a variety of crises, including ones that can spiral into genocide.
After first laying out general principles, the book explores four recent UN operations (in Somalia, Rwanda, Bosnia, and Haiti) in which coercive inducement was particularly relevant, and then presents operational guidelines for its use. Clear-sighted and pragmatic throughout, the authors conclude by suggesting when and to what extent the international community should commit itself to undertake coercive inducement.
This path-breaking volume fills a major gap in the literature on efforts to rebuild societies emerging from conflict. Drawing on firsthand experience in tackling organized and other destabilizing crime in Kosovo, Bosnia, Afghanistan, Iraq, and elsewhere, it distills that practical, hard-won knowledge into lessons and guidance for policymakers and practitioners who must face similar challenges. No similar work exists anywhere.
"Serious crimes" include any and all criminal acts that threaten post-conflict security, hinder political and economic reconstruction, or undermine public trust in nascent criminal justice institutions. From money laundering to murder, drug trafficking to terrorism, these crimes flourish where governments are impotent or officials are themselves complicit in illegal activities. Their impact on post-conflict societies of all types can be profoundly damaging--but they can be dealt with.
More than forty seasoned practitioners--judges and generals, prosecutors and human rights activists, scholars and government officials from across the world--participated in the discussions that generated the broad guidelines and more specific prescriptions presented in this handbook. Each of its chapters covers a different area of activity--initial assessment, reform of the legal framework, institutional reform, investigation and prosecution of serious crimes, and foreign assistance--providing not only general guidance but also real-life examples to illustrate the importance of adapting to local circumstances.
Easy to read and easy to use, with checklists and sidebars supplementing the succinct text, Combating Serious Crimes will be greatly appreciated by governments, international and regional organizations, and foreign assistance providers throughout the world. The police, judges, prosecutors, defense counsel and peacekeepers who address serious crimes on a day-to-day basis in post-conflict states will likewise find the book invaluable.
Confronting the Truth shows how countries, which have experienced massive human rights violations, have created official, independent bodies known as truth commissions.
Since 1983, truth commissions have been established in over 20 countries, in all parts of the world. Confronting the Truth documents the work of truth commissions in South Africa, Peru, East Timor, and Morocco. Taking testimony from victims and perpetrators, and conducting detailed investigations, truth commissions create a historical record of abuses that have often remained secret. They identify patterns of abuse, and the structural and institutional weaknesses, and societal and cultural problems, and weak legal systems that made the violation possible. To remedy these faults, they recommend governmental, societal and legal reforms to address the pain of the past, to safeguard human rights and due process, and to ensure that the horror will not be repeated.
This video is 73 minutes long and in stereo. Please note that there are two different English language DVDs: one for PAL technology and one for NTSC technology.
It has been described variously as everything from a global legislature to a self-important yet ineffectual debating society. And although the United Nations Security Council may have resembled the latter in many respects during the Cold War, when vetoes and disagreements among the permanent members often stymied the Council’s work, the end of the Cold War made it possible for the Council to begin exercising the full range of its legal authority under the UN Charter and to begin expanding that authority to meet the new challenges of the post–Cold War period.
In this book, Michael Matheson examines the Security Council’s new, expansive exercise of legal authority in this period and its devising of bold and innovative methods—coercive and noncoercive—to stop nascent wars and “threats to the peace,” including international terrorism. He also surveys the many roles assumed by the Council in postconflict environments, acting in a variety of ways to rebuild a war-torn country or territory and reintegrate it into the world community—from prosecuting war criminals, to providing compensation for war victims, to exercising governmental authority in postconflict territories such as Cambodia, Bosnia, and, recently, Kosovo and East Timor. The author also examines the more recent controversies over Iraq, in which disagreements among the permanent members have made decisive UN action difficult, and the investigations into fraud and abuse in various UN programs.
The major peacekeeping and stability operations of the last ten years have mostly taken place in countries that have pervasive customary justice systems, which pose significant challenges—and opportunities—for efforts to reestablish the rule of law. These systems are the primary, if not sole, means of dispute resolution for the majority of the population, but post-conflict practitioners and policymakers often focus primarily on constructing formal justice institutions in the Western image, as opposed to engaging existing traditional mechanisms. This book offers insight into how the rule of law community might make the leap beyond rhetorical recognition of customary justice toward a practical approach that incorporates the realities of its role in justice strategies.
Customary Justice and the Rule of Law in War-Torn Societies presents seven in-depth case studies that take a broad interdisciplinary approach to the study of the justice system. Moving beyond the narrow lens of legal analysis, the cases—Mozambique, Guatemala, East Timor, Afghanistan, Liberia, Iraq, Sudan—examine the larger historical, political, and social factors that shape the character and role of customary justice systems and their place in the overall justice sector. Written by resident experts, the case studies provide advice to rule of law practitioners on how to engage with customary law and suggest concrete ways policymakers can bridge the divide between formal and customary systems in both the short and long terms.
Instead of focusing exclusively on ideal legal forms of regulation and integration, this study suggests a holistic and flexible palette of reform options that offers realistic improvements in light of social realities and capacity limitations. The volume highlights how customary justice systems contribute to, or detract from, stability in the immediate post-conflict period and offers an analytical framework for assessing customary justice systems that can be applied in any country.
Faced with domestic security challenges including sectarian extremism, drug trafficking, illegal commodity smuggling, endemic corruption, and systemic problems with the provision of justice and law enforcement, Pakistan is a critical but vulnerable partner of the United States in the global war on terrorism. While much has been written about U.S. military assistance to Pakistan and the ever-evolving political relations between the two countries, basic questions of highest policy significance related to Pakistan’s internal security have never been fully studied or considered.
In this volume, the authors offer a comprehensive examination of Pakistan’s internal security environment and the effectiveness of its criminal justice structures and assess the impact and utility of the principal United States initiatives to help Pakistan strengthen its internal security. They raise some difficult questions about present U.S. government assistance to President Musharraf and the army; while instrumental in the short-term Global War on Terror (GWOT), will US assistance seriously impede the long-term prospects for peace and prosperity in Pakistan?
Supported by truly impressive fieldwork, this timely and detailed book offers a blunt but objective study that is sure to be widely read and hotly debated by analysts, intelligence personnel, and policymakers in both the United States and Pakistan.
Analyzing nineteen cases, Framing the State in Times of Transition offers the first in-depth, practical perspective on the implications of constitution-making procedure, and explores emerging international legal norms. Thirty researchers with a combination of direct constitution-making experience and academic expertise present examples of constitution making in the contexts of state building and governance reform across a broad range of cultures, political circumstances, and geographical regions.
The case studies focus equally on countries emerging from conflict and countries experiencing other types of transitions—a move from autocratic rule to democracy, for example—or periods of institutional crisis or major governance reform. Recognizing that there are no one-size-fits-all formulas or models, this volume illuminates the complexity of constitution making and the procedural options available to constitution makers as they build states and promote the rule of law.
Contributors: Andrew Arato • Louis Aucoin • Andrea Bonime-Blanc • Michele Brandt • Allan R. Brewer-Carías • Scott N. Carlson • Jill Cottrell • Hassen Ebrahim • Donald T. Fox • Thomas M. Franck • Gustavo Gallón-Giraldo • Zofia A. Garlicka • Lech Garlicki • Yash Ghai • Vivien Hart • Stephen P. Marks • Zoltán Miklósi • Laurel E. Miller • Jonathan Morrow • Muna Ndulo • James C. O’Brien • Keith S. Rosenn • Bereket Habte Selassie • Anne Stetson • J Alexander Thier • Arun K. Thiruvengadam • Aili Mari Tripp • Lee Demetrius Walker • Marinus Wiechers • Philip J. Williams
Guiding Principles for Stabilization and Reconstruction presents the first-ever, comprehensive set of shared principles for building sustainable peace in societies emerging from violent conflict. The manual serves as a tool for U.S. government civilian planners and practitioners engaged in stabilization and reconstruction (S&R) missions and is a valuable resource for international actors and nongovernmental organizations.
Today, civilian actors operate without the support of any unifying framework or common set of principles to guide their actions in these complex environments. As global demand for these missions continues to rise, this gap will impede the cooperation and cohesion that is needed across the peacebuilding community to ensure success of any S&R mission. Guiding Principles seeks to fill this gap by providing:
• an overarching strategic framework for S&R missions based on a construct of End States, Conditions and Approaches.
• a comprehensive set of shared principles and processes, distilled from the wealth of lessons that have emerged from past S&R missions.
A product of the collaboration between the United States Institute of Peace and the Peacekeeping and Stability Operations Institute, this manual reflects the input of dozens of institutions across the peacebuilding community providing a comprehensive review of major strategic policy documents from state ministries of defense, foreign affairs and development, along with major intergovernmental and nongovernmental organizations that toil in war-shattered landscapes around the globe.