Current Issues in Transitional Justice

Abstract

This volume is an inter-disciplinary scholarly resource bringing together contributions from writers, experienced academics and practitioners working in fields such as human rights, humanitarian law, public policy, psychology, cultural and peace studies, and earth jurisprudence. This collection of essays presents the most up to date knowledge and status of the field of transitional justice, and also highlights the emerging debates in this area, which are often overseen and underdeveloped in the literature. The volume provides a wide coverage of the arguments relating to controversial issues emanating from different regions of the world. The book is divided into four parts which groups different aspects of the problems and issues facing transitional justice as a field, and its processes and mechanisms more specifically. Part I concentrates on the traditional means and methods of dealing with past gross abuses of power and political violence. In this section, the authors also expand and often challenge the ways that these processes and mechanisms are conceptualised and introduced. Part II provides a forum for the contributors to share their first hand experiences of how traditional and customary mechanisms of achieving justice can be effectively utilised. Part III includes a collection of essays which challenges existing transitional justice models and provides new lenses to examine the formal and traditional processes and mechanisms. It aims to expose insufficiencies and some of the inherent practical and jurisprudential problems facing the field. Finally, Part IV, looks to the future by examining what remedies can be available today for abuses of rights of the future generations and those who have no standing to claim their rights, such as the environment. Since the late 1980s massive political and legal transformations have taken place in Central and Eastern Europe, Latin America and Southern Africa, which has challenged many of the presumptions of legal and political foundations of a nation-state including the questions of how to build a nation-state in divided societies or the role of law in democracy building in the face of such massive societal changes driven by a holistic mix of players. This process is by no means over as one can judge but the most current ‘Arab Spring’ or even the ‘Occupy Wall Street’ type of movements across the world, including in the developed states. Participators of these events call for their rights to be upheld and protected; some others lobby for new rights to be recognised and realised. These worldwide phenomena challenge the existing international (legal and political) system and call for some novel and innovative means by which the new challenges can be addressed. Despite the vastness of research done on the subject matter this monograph suggests an innovative, if not challenging, way of utilising what the field of transitional justice has acquired in the process of examining how societies deal with past abuses to meet victims’ legitimate expectations of justice, truth and reparation. This manuscript will look to expand the field even further by suggesting that there are emerging fields which will, and in some instances already have, influenced the way we think about human rights in a global context. It will set forth new dimensions in conceptualising human rights and how their current and future instances of abuse can be addressed. This is a call to look ahead and into the future by trying to define the inadequacies of the current international system in recognising emerging trends. Understanding the world-wide developments, even if not yet fully legally defined, contributes to the work on combating impunity and ensuring respect for victims’ rights. As it is widely accepted that societies have different means of dealing with past (human) rights abuses thus it would be sensible to suggest that widening understanding of the relationship and cross-reference between the different fields and branches of international legal and political scholarship (all which affect human rights field) should also be encouraged. The Changing International Landscape of Transitional Justice: Emerging Trends and Issues will be a scholarly resource bringing together current knowledge and debates in the field and developing the many areas that are currently underdeveloped in the literature. The book will provide full coverage of the arguments relating to hot topics and controversial issues (e.g. hybrid threats, ecocide, ecological jurisprudence, case studies by practitioners from the human rights field). The invited contributors are all experienced academic writers and practitioners in their respective areas of expertise (law, politics, public policy, cultural studies).