Peace and Justice

Rachel Kerr 지음

Polity 2013년 04월 26일 출간

작품소개

책소개

In recent years there has been a tendency to intervene in the military, political and economic affairs of failed and failing states and those emerging from violent conflict. In many cases this has been accompanied by some form of international judicial intervention to address serious and widespread abuses of international humanitarian law and human rights in recognition of an explicit link between peace and justice. A range of judicial and non-judicial approaches has been adopted in recognition of the fact that there is no one-size-fits-all model through which to seek accountability. This book considers the merits and drawbacks of these different responses and sets out an original framework for analysing transitional societies and transitional justice mechanisms. Taking as its starting point the post-Second World War tribunals at Nuremburg and Tokyo, the book goes on to discuss the creation of ad hoc international tribunals in the 1990s, hybrid/mixed courts, the International Criminal Court, domestic trials, truth commissions and traditional justice mechanisms. With examples drawn from across the world, including the former Yugoslavia, Rwanda, Cambodia, Timor-Leste, Sierra Leone, Uganda and the DRC, it presents a compelling and comprehensive study of the key responses to war crimes. Peace and Justice is a timely contribution in a world where an ever-increasing number of post-conflict societies are grappling with the complex issues of transitional justice. It will be a valuable resource for students, scholars, practitioners and policy-makers seeking to understand past violations of human rights and the most effective ways of addressing them.

목차

Preface and acknowledgements iv.Contents.List of abbreviations.1 Peace and Justice.1.1 Transitional/Post-Conflict Justice.1.1.1 Accountability.1.1.2 Deterrence.1.1.3 Historical record.1.1.4 Reconciliation, and healing.1.1.5 Redress for victims.1.1.6 Removal of perpetrators.1.1.7 Capacity-building and the rule of law.1.2 Risks and dangers.1.2.1 Destabilisation.1.2.2 Retraumatisation.1.2.3 Politicisation.1.3 Context, context and context.1.3.1 Cultural norms and values.1.3.2 Nature of the conflict and extent and types of abuses.1.3.3 Needs of victims, survivors and perpetrators.1.3.4 Peace agreement.1.3.5 Finance and infrastructure.1.3.6 Political will.1.3.7 International involvement.1.4 The book.2 The Nuremberg Legacy.2.1 Nuremberg and Tokyo.2.2 International Humanitarian Law post-1945.2.3 International Criminal Law.2.4 Human Rights Law.2.5 Conclusion.3 Ad hoc International Criminal Tribunals: The ICTY and ICTR.3.1 International judicial intervention.3.2 Establishing a court and launching investigations.3.3 Jurisdiction and Procedure.3.4 State cooperation and judicial assistance.3.5 Justice, Peace and Reconciliation.3.5.1 Delivering justice.3.5.2 Contribution to international criminal law.3.5.3 Restoring and maintaining peace.3.5.4 Deterrence.3.5.5 Historical record.3.5.6 Reconciliation.3.5.7 Removing perpetrators.3.5.8 Political leverage.3.5.9 Engaging the local population.3.6 Conclusion.Box 3.1: The Yugoslav War.Box 3.2: Rwanda.4 The International Criminal Court.4.1 Establishing the Court: the Rome Statute.4.2 Jurisdiction and admissibility.4.3 Applicable law.4.4 The &-essential paradox&- of complementarity.4.5 The role of the Prosecutor.4.6 The relationship with the Security Council.4.7 The United States and the International Criminal Court.4.8 International criminal justice and internat

출판사 서평

"Timely, well written and contributing to definitional clarity, this book is essential reading for students, scholars, practitioners and policy makers concerned with implementing transitional justice in the twenty-first century."Political Studies Review"An excellent overview of the range of alternatives that have been used to deal with the perpetrators of mass atrocities. Kerr and Mobekk provide a timely and comprehensive analysis in an arena that is characterized by rapid change. This book will be a great resource for students and practitioners attempting to understand the complexity of the institutions that have shaped the pursuit of transitional justice in recent decades."Leslie Vinjamuri, School of Oriental and African Studies, University of London"This is an essential volume for scholars and students alike. Its sweeping scope offers a thorough survey of the proliferation and diversity of mechanisms for accountability following armed conflict."Chandra Lekha Sriram, University of East London"This is a must read for undergraduates and graduates who are looking for a thorough introduction to the institutions that seek to bring peace through justice. Clear, concise and up to date, the book is one of the best on the international relations bookshelf on transitional justice."Julie Mertus, School of International Service, American University

인물정보

저자(글) Rachel Kerr

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Rachel Kerr is a Lecturer in the Department of War Studies, King-s College, London.Eirin Mobekk is is an independent consultant and research associate affiliated to the Centre for International Security and Cooperation, Department of Peace Studies, University of Bradford.