After a period of authoritarian regime like those in Latin America during the 70's and 80's, a transition to democracy usually raises questions such as 'Who will be held accountable?', and 'Who deserves reparations?'. At the same time, in the foreground of the debate is the threat to the stability of the regime: 'How can we balance competing moral imperatives, reconcile legitimate claims for justice with equally legitimate claims for stability and social peace, and foster the relationship between justice for crimes of the past and a democratic order?'

Based on fieldwork that is unprecedented in scope, this two-volume project provides the first systematic study of the formulation and implementation of the recommendations of 13 Latin American truth commissions.

Beyond Words Vol. II is a unique collection of 11 Latin American country studies covering all 13 formal truth commissions established in this region that submitted their final reports between 1984 and 2014. Based on qualitative original data and a common analytical framework, the main focus of each of the country chapters is threefold: (1) to provide a brief background to the truth commission(s); (2) to provide a detailed account of the formulation of the truth commission's recommendations; and (3) to analyze the implementation record of the recommendations, taking into account the actors and factors that have aided - or obstructed - the implementation process.

Based on fieldwork that is unprecedented in scope, this two-volume project provides the first systematic study of the formulation and implementation of the recommendations of 13 Latin American truth commissions.

Beyond Words Vol. I examines the variations in truth commission recommendations across 13 Latin American cases. Insights are provided regarding how the internal dynamics of truth commissions, as well as the political, social and economic context in which they operate, influence how recommendations are formulated. The authors then explore how the nature of these recommendations themselves, along with the aforementioned factors, influence which recommendations are actually implemented. The conclusion considers the findings' relevance for the crafting of future truth commission recommendations and reflects upon how the formulation and implementation of these recommendations shape the impact of truth commissions on societies emerging from periods of violence and repression.

This book examines how international judicial and non-judicial bodies in Europe address the needs of the families of forcibly disappeared persons. The needs in question are returning the remains of disappeared persons; the right to truth; the acceptance of responsibility by states; and the right to compensation. These have been identified as the four most commonly shared basic and fundamental needs of families in which an adult was disappeared many years previously and is now assumed to be dead, which is representative of the situation of the vast majority of families of disappeared persons in Europe.

The analysis covers the judgments and decisions of the European Court of Human Rights, the UN Human Rights Committee, the International Criminal Tribunal for the former Yugoslavia, the Human Rights Chamber for Bosnia and Herzegovina, and the Human Rights Advisory Panel in Kosovo, as well as the activities of the Committee on Missing Persons in Cyprus, the Special Process on Missing Persons in the Territory of former Yugoslavia, the UN Committee on Enforced Disappearances and the International Commission on Missing Persons. In so doing, the book demonstrates whether, how, and based on what principles these four needs of the families of disappeared persons can constitute a claim based on international human rights law.

How do memory and remembrance relate to the specific mode of transitional justice that lays emphasis on restoration? What is captured and what is obliterated in individual and collective efforts to come to terms with a violent past? Across this volume consisting of twelve in-depth contributions, the politics of memory in various countries are related to restorative justice under four headings: restoring trust, restoring truth, restoring land and restoring law. While the primary focus is a philosophical one, authors also engage in incisive analyses of historical, political and/or legal developments in their chosen countries. Examples of these include South Africa, Colombia, Rwanda, Israel and the land of Palestine, which they know all too well on a personal basis and from daily experience. On 10 December 2020, the book was officially launched with a webinar which brought together the editors of the book and prof. Stephan Parmentier (KU Leuven) and prof. Eric Heinze (Queen Mary University of London) as respondents. A recording of the presentations and the discussion can be viewed here. CAMILA DE GAMBOA TAPIAS is Associate Professor at the Centro de Estudios sobre Paz y Conflictos, Universidad del Rosario, Bogotá, Colombia. BERT VAN ROERMUND is Professor Emeritus of legal philosophy and Honorary Professor at Tilburg University, the Netherlands.

The recruitment and operations of child soldiers have been hitting the headlines in politics and the media for many years. However, a much broader circle of children is affected by armed conflicts. Hence, the many challenges to deal with youth affected by armed conflict exceed by far the issue of the recruitment and demobilisation of child soldiers, but also extend to questions of rehabilitation, reintegration and reconciliation processes of all children and youths. In stark contrast to the complex reality of armed conflict and the involvement of children therein, academic work thus far has taken a rather narrow view on the matter. International children's rights law has mostly focused on age limits for the recruitment of children and international criminal law has dealt with the prosecution and punishment of child recruiters. The disciplines of psychology and pedagogical sciences have merely emphasised the effects of and recovery from traumatic exposure by individuals, with some attempts for a more psychosocial perspective. Finally, studies in the field of transitional justice have paid remarkably little attention, until very recently, to the role of children in transitional justice mechanisms, both as victims and offenders. This book brings together for the first time a wide range of leading scholars from three disciplinary perspectives (children's rights, psychosocial studies and transitional justice). It aims at enhancing a multidisciplinary and comprehensive approach to the rehabilitation, reintegration and reconciliation processes of children and adolescents affected by armed conflict. The 22 chapters are specifically written for this volume and deal with theoretical perspectives, empirical findings and country reports. The book also contains prefaces from two distinguished academics and policy makers in the field of international children's rights. It will therefore not only be of interest to academics, but also to policy makers, practitioners, non-governmental organisations, the media, and every citizen interested. 'All chapters of the work are powerful and immensely knowledgeable and helpful. The book is a compressive work on the subject which should be recommended to academic researchers as well as layman.' Farhad Malekian, distinguished Visiting Professor of International Criminal Law and Justice and Director of the Institute of International Criminal Law, Uppsala, Sweden, in Criminal Law Forum (2015) 26

In the last twenty years, the field of transitional justice has gone from being a peripheral concern to an ubiquitous feature of societies recovering from mass conflict or repressive rule. In both policy and scholarly realms, transitional justice has proliferated rapidly, with ever-increasing variety in terms of practical processes and analytical approaches. The sprawl of transitional justice, however, has not always produced concepts and practices that are theoretically sound and grounded in the empirical realities of the societies in question. Critical Perspectives in Transitional Justice takes stock of this burgeoning field and, in gathering the views of scholars and practitioners from a wide range of national and methodological backgrounds, explores four key concerns with current trends in transitional justice: the under-theorisation of the field, its disconnect from core academic disciplines, its tendency towards advocacy rather than analysis, and its emphasis on technical institutional responses without clear articulations of their objectives. This vital book - edited by Oxford Transitional Justice Research - is designed to deepen theoretical and empirical discussions within transitional justice by providing critical perspectives on common concepts, issues, methodologies, institutions and mechanisms. Its purpose is to clarify key terms, challenge core assumptions and highlight important tensions, inconsistencies and disagreements in the field with the ultimate aim of harnessing the enormous energy of transitional justice for more fruitful ends. The breadth of debates in this volume highlights the scope, inclusiveness and ambition of this field but also underscores that - despite its geographical, conceptual and disciplinary expanse - consistent questions arise regarding contextually appropriate objectives, the balance between individual and collective needs and interests, and securing the legitimacy of transitional processes among those affected by past violations.

There seems to be a pervasive trend towards public apologies, forms of national introspection and appeals to grant forgiveness. Archbishop Tutu’s motto that 'there is no future without forgiveness' is well known. The South African Truth and Reconciliation Commission has become an important model and source of inspiration for many other countries that want to deal with their past grievances and internal conflicts. This book discusses the role of forgiveness within processes of peace building and transitional justice. Does ‘forgiveness’ enable a public or political use of the term? Is it possible to forgive on behalf of others, and if so, under what conditions? These conceptual questions are related to reflections on the cultural and religious contexts of expressing forgiveness. Do forgiving words promote a willingness to look ahead and prevent a relapse into conflicting views on the poisonous past? Or do they bring along aversion? Maybe the ‘push’ towards forgiveness is experienced as highly unfair.

Human history is replete with examples of widespread and gross violations of human rights, which continue to be perpetrated in the present day. Sadly, however, only a tiny fraction of the millions of people whose lives have been shattered by torture, rape, the murder of loved ones, or other forms of gross abuse, may hope to receive any meaningful form of reparation. The aim of this book is to stimulate debate on the issue of reparations, in the hope that it will lead to increased visibility for the many deserving groups striving for some form of meaningful recognition or recompense for past injustices visited upon them. The book is eclectic in nature, being made up of contributions by a range of outstanding academics and practitioners from around the world. The international nature and diverse focus of the work result in a fascinating snapshot of this growing field. It will be of interest both to academics and practitioners who are specialists in the field of reparations, as well as to almost anyone who is interested in the field of human rights generally.

This edited volume focuses on developments in recognizing, investigating, and prosecuting cases of sexual violence in (post-)conflict situations from an interdisciplinary angle. The investigation and prosecution of these cases raises new and challenging questions as to how to build evidence, but also how to address victims? concerns in that process. It addresses innovations and challenges of empirical and other new kinds of social scientific, archival and medical data collection techniques; the development of evidence in relation to charges ranging from sexual violence as a war crime, crime against humanity to genocide; evidentiary and procedural achievements and challenges involved in prosecuting sexual victimization in international courts; and how to create awareness of sexual violence crimes in order to recognize such crimes and to prevent them in the future.

Truth-seeking mechanisms, international criminal law developments, and other forms of transitional justice have become ubiquitous in societies emerging from long years of conflict, instability and oppression and moving into a post-conflict, more peaceful era. In practice, both top-down and bottom-up approaches to transitional justice are being formally and informally developed in places such as South Africa, Liberia, Peru, Chile, the Democratic Republic of Congo, Sierra Leone, Rwanda, the former Yugoslavia, and Northern Ireland. Many studies, conferences and debates have taken place addressing these developments and providing elaboration of theories relating to transition justice generally. However, rarely have these processes been examined and critiqued through a feminist lens. The position of women, particularly their specific victimisation, typically has not been taken into account in any systematic manner. Seldom do commentators specifically consider whether the recently developed mechanisms for promoting peace and reconciliation will actually help the position of women in a society moving out of repression or conflict. This is unfortunate, since women’s issues are often overlooked and post-conflict societies, because they must rebuild, are ideally poised to introduce standards that would enable and ensure the active participation of the entire population, including women, in rebuilding a more stable, fair and democratic polity. This book offers some insights into women’s perspectives and feminist views on the topic of transitional justice or ‘justice in transition’. Bringing feminism into the conversation allows us to expand the possibilities for a transformative justice approach after a period of conflict or insecurity, not by replacing it with feminist theory, but by broadening the scope and vision of the potential responses. About this book ‘This book is essential for those whose main lines of research are transitional justice, gender, feminism and conflict resolution because it collects together different -perspectives on feminism and the transition to post-conflict times. We have the opportunity to deepen the connection between transitional justice and feminism, but also to reflect on the challenges that lie ahead. In this respect, some of the chapters offer interesting methodologies through which previous findings may be seen in a new light. Everything makes more sense when theory and practice are linked, something that this book does extremely well. The cases of Chile, Kyrgyzstan, Bosnia, Cuba, South Africa, the United States, and others enrich the analysis and help to re-define new strategies to ensure that the gender perspective is kept firmly in the forefront of transitional justice.’ Carolina Jimenez Sanchez in Revue Québécoise de droit international (2013) 291 ‘[Feminist Perspectives on Transitional Justice] opens up fruitful avenues for further research.’ Rosemary Nagy in Canadian Journal of Women and the Law (2014) 446 ‘[W]ith this collection of essays Fineman and Zinsstag have succeeded in exposing transitional justice methodologies to the scrutiny of feminism. This book is essential reading for those involved in developing or implementing transitional justice mechanisms, as it raises the critical discussions that must not be ignored if transitional justice is to positively impact the lives of women in transitioning societies.’ Grace A. Harbour in Journal of International Criminal Justice (2015) Introduction

The 1991–2002 war in Sierra Leone was infamous for mass amputations, widespread sexual violence, and forced recruitment of children into rebel forces. It was not an ethnic war, but one that tore families and communities apart in ways that could not be sustained in peacetime. After the war, the Sierra Leone government and civil society organizations encouraged combatants to return home and communities to accept them, even when the combatants, or forces they were associated with, had committed horrendous crimes in those very villages. This book describes how excombatants and civilian survivors in Sierra Leone struggled to reconcile and build trust in their communities a year after the war ended. It explores the contribution of the Sierra Leone Truth and Reconciliation Commission to reconciliation and justice, and questions whether reconciliation is always a good thing. And it examines how the seemingly nebulous concept of reconciliation can be understood so that the term is useful for peacebuilding and consistent with justice. Finally the author argues that Sierra Leone has much to teach peacebuilders in societies emerging from intra-communal violence and much to contribute to comparative analyses of post-conflict transitions.

Based on case studies spanning time and geography from the Spanish to the Nigerian civil wars, to government repression in Argentina, genocidal policies in Guatemala and Rwanda and on to forced population removal in Australia and Israel, this collection represents a focused attempt to come to grips with some of the strategies used to express traumatic memory work. Together, the essays constitute a kaleidoscope of new approaches to show how such performances of memory contribute to transitional justice efforts, demonstrating the complexities of striving for justice and reconciliation through the public expression of shared memories of violence.

Stones Left Unturned looks at the post-colonial history of Burundi through transitional justice lenses. It describes how repeated cycles of politico-ethnic violence as well as the so-called ‘remedial’ action undertaken in their aftermath have been inspired by the desire to maintain or obtain political power. Throughout Burundi’s negotiated transition from conflict to peace, dealing with the past has been a constant matter of attention. The book zooms in on the gap between the rhetorical commitment by domestic and international actors to establish a truth and reconciliation commission and a special tribunal and the little achievements made so far. The historical account of transitional justice in Burundi is indicative of a fundamental evolution in the conception of law and how it relates to the exercise of political authority. It reveals a growing awareness that neither the process nor the outcome of transitional justice should solely be left to the discretion of the incumbent regime, but that international and constitutional norms impose substantive and procedural barriers.

States that are in transition after a violent conflict or an authoritarian past face daunting challenges in (re)establishing the rule of law. This volume examines in detail attempts that were made in certain significant post-conflict or post-authoritarian situations to strengthen the domestic rule of law with the aid of international law. Attention is paid in particular to the empowerment of domestic courts in such situations. International law may serve these courts as a tool for reconciling the demands for new rights and responsibilities with due process and other rule of law requirements. The volume contains case studies of the role of domestic courts in various post-conflict and transitional situations (Balkans, Iraq, Afghanistan, Nepal, East Timor, Russia, South Africa, and Rwanda). Each of these case studies seeks to answer questions relating to the exact constitutional moment empowering domestic courts to apply international law, the range of international legal norms that are applied, the involvement of international actors in bringing about change, the contextualization of international legal norms in states in transition, tension within such states as a result of the application of international law, and the legacy of domestic courts' empowerment in terms of durable rule of law entrenchment.

Making the Transition provides an analysis of processes of reform, reconstruction and restructuring in the criminal justice field in Bosnia and Herzegovina in the years since it completed a violent secession from the Socialist Federal Republic of Yugoslavia (SFRY). Across the three sectors of policing, courts and prisons, the work details the challenges facing Bosnia and Herzegovina and explores a range of internationally-sponsored reform initiatives. These three sectors are often examined independently of each other, but by analysing their development side by side Making the Transition is able to determine common challenges while establishing different logics and methods of international intervention. The book reflects the author's education in a number of disciplines (politics, history, criminology) and is a useful addition to the bookshelf of those with an interest in the mechanics of state-building and in the reconstruction of post-conflict states. About this book: 'Andy Aitchison succeeds in making a book that is big in insight out of what to many might seem like a small topic - the transformation (or not) of the criminal justice systems in Bosnia and Herzegovina since the dissolution of Yugoslavia. He writes with clarity and nuance about these changes in the context of more general themes of transitional justice in Europe and Southern Africa, and this superb historically, politically and theoretically informed book should be read by all those with an interest in the challenges and pitfalls of efforts to reform policing, court and prison processes.' Professor Mike Levi, Cardiff University 'The depth and breadth of Aitchison's sources are two of the book's greatest strengths, providing a broad but nuanced view of the social, economic, and political situation surrounding the reforms. [M]aking the Transition provides a wonderfully detailed description of the post-conflict criminal justice system of BiH. While the book may run short on analysis, it is highly useful providing a snapshot of a transitional justice system based on a vast amount of information, including first hand descriptions of observers and practitioners. As such, it serves as an important building block for those seeking to construct a geographically wide-ranging understanding of the issues and challenges involved in state-building and criminal justice reform in a post-conflict, post-authoritarian society.' Madalyn Wasilczuk in Journal of International Law and Politics, 2012, 1000 'Aitchison has written a well-researched and readable book that will be a useful source for scholars of Bi Hand criminal justice reform more broadly. [...] And he judiciously describes the different motivations of reforming agencies [...] As evidenced by the continuing central role of the justice sector in BiH politics this book [...] is highly relevant.' Valery Perry in Security and Human Rights 2012, 75 'Since the book gives a concise introduction to the historical context and important concepts and terms, it is not only for experts in the field of criminal law reform and reconstruction of states, rather it is also suitable also for readers who have not extensively dealt with these themes before' Eva Dinchel in Polizei Newsletter 2014 About the author Since 2006, Andy Aitchison has lectured at the University of Edinburgh School of Social and Political Science, where he now co-directs the MSc programme in Global Crime, Justice and Security. He holds degrees from the University of Edinburgh and Cardiff University and has previously worked as a researcher for the UK Home Office and Cardiff University. His research interests focus on international participation in criminal justice reform in post-conflict environments and on the participation of police in war crimes.

The Spanish transition from the Franco regime to democracy has not been a very popular subject amongst researchers examining transitional justice at the international level. However, Spain presents certain peculiarities that make it an interesting case in which to explore comparative law and sociology. It has sometimes been seen as a model of peaceful transition, but has also been labelled as an example of an ‘amnesic’ transition to a democratic system in which victims’ rights, justice and truth were forgotten. In contrast to other transitions, demands of justice were not expressed during what was the purely transitional period, but they have been on the increase since then. That is why, in this case, we can speak of ‘post-transitional justice’ or, more properly, of ‘late transitional justice’. This book analyses, above all, the laws, policies and judicial decisions adopted in Spain that were related to the construction of the past and could therefore be understood as measures of transitional justice. By comparing this experience with transitional decisions adopted in other countries, the book highlights the main features of the Spanish case and the lessons that can be learned from it. Measures adopted during the transitional period, such as the amnesty and subsequent decisions aimed at giving some kind of partial reparation to the victims of the repression, are here studied. Demands for reviewing the past, the 2007 Act of Historical Memory, and the controversial use of criminal justice are also considered. Criminal Law is hardly applicable to the facts of the past, but the purely amnesic option can no longer be defended. Therefore, the author proposes a plan of action including different measures, such as the creation of a commission of memory, which would be in charge of investigating not only violent crimes or torture, but also other related crimes, including child abduction and politically motivated unlawful adoptions and those perpetrated in a systematic way during the Dictatorship. A victim-centred approach requires ensuring that each victim has the right to be considered on the basis of his or her own suffering, needs and rights and not as a member of a large group.

'Transitional Justice initiatives have long been criticized for an allegedly narrow focus on gross and consistent violations of fundamental civil and political rights and not enough attention to abuse of economic, social and cultural rights. But the problem is not whether but how to apply truth, justice, reparations and institutional reform to fundamental – and often ancestral – inequalities in each transitional society. This volume contributes thoughtful and rigorous research to that fundamental question. It constitutes a challenge to the way transitional justice is executed in our time, but also a tribute to the power of the idea that there are indeed concrete and practical means to realize the idea of justice in societies emerging from conflict.'

In this volume, fifteen contributors from the disciplines of law, politics and sociology reflect on South Africa's transition to democracy and the challenges of transformation and nation-building that have confronted the country since the first democratic elections of 1994. The range of topics covered is expansive, in keeping with a broader than usual definition of transitional justice which, it is argued, is more appropriate for states faced with the mammoth tasks of reform and institution-building in a context in which democracy has never been firmly rooted and the existence of widespread poverty gives rise to the dual demands for both bread and freedom. In the case of South Africa, the post-apartheid era has been characterised by wide-ranging attempts at transformation and nation-building, from the well-known Truth and Reconciliation Commission to reforms in education and policing, the promotion of women's rights, the reform of land law, the provision of basic services to hundreds of thousands of poor households, a new framework for freedom of expression, and the transformation of the judiciary. In the light of South Africa's commitment to a new constitutional dispensation and to legal regulation, this volume focuses in particular, but not exclusively, on the role that law and lawyers have played in social and political change in South Africa in the post-apartheid era. It sets the South African experience in historical and comparative perspective and considers whether any lessons may be learnt for the field of transitional justice.

Rule of law has emerged as an essential objective in assistance to post-conflict and post-crisis societies such as Somalia, Kosovo, Liberia and Egypt. This has led to a host of externally promoted programmes and projects on law reform, constitutional development and judicial training, and security sector transformation. Through UN Security Council resolutions and other means of conditionality, the rule of law is not simply promoted in post-conflict and crisis settings, but also enforced. A failure to adhere to the rule of law can result in donors withholding funds and political support. The employment of the concept as a standard and condition in state-building has national legal and political consequences. Clarity in communication on the rule of law is of great importance. This book provides a critical analysis of past and current rule of law promotion, and argues that despite past experiences of development and technical assistance, rule of law reform in war-torn and crisis societies operates in an autonomous field where best practices and lessons learned are rarely or only superficially acknowledged. Furthermore, there is a need for a reorientation of rule of law assistance to the core values of the concept in order to retain its independent and 'analytical bite', and to develop criteria that can guide reformers in the field. The author provides a comparative and systematic overview of how rule of law promotion has been put into effect and identifies challenges and opportunities for enhancing and strengthening norms, ideologies and methods for legal and judicial reform after war and crisis. About the book 'This compelling account of the role of international actors promoting rule of law in war to peace transitions argues that we have overreached. By prescribing value-laden rule of law reforms to formal justice institutions after war, we have created 'blind-spots': international actor accountability, informal and customary justice systems, and the procedures and outcomes of public administration. This important book argues that the real test of international rule of law interventions is whether they create spaces where conflict-weary citizens can demand, challenge, and participate in the creation of better local governance.' Professor Veronica L. Taylor, Australian National University and University of Washington 'In short, Sannerholm's pithy volume is an excellent primer for those interested in international rule of law reform efforts in countries emerging from war or crisis. He harbors no illusions about the challenges that these reform efforts face, and his criticisms of such efforts to date are realistic and incisive without succumbing to pessimism. Overall, Rule of Law After War and Crisis is a welcome contribution to our understanding of the foundational importance of the rule of law and the immense challenges the international community faces in establishing it where it is absent.' Kendall L. Manlove in International Law and Politics (2013) 953 About the author Richard Zajac Sannerholm holds a PhD in law and has experience in rule of law reform in post-conflict, crisis and transition countries, working as a researcher and adviser for international organizations, national agencies and non-governmental organizations. Zajac Sannerholm currently works as a researcher and project leader at the Folke Bernadotte Academy in Sweden.