Restorative Justice in Transitional Settings

245 Pages·2020·2.278 MB·English

by  Kerry Clamp

This collection of provocative essays is the first attempt to expand the boundaries
of restorative justice by tackling the myths that surround its definition and cap-
abilities and by imaginatively addressing how its tenets can make transitional
justice practice more relevant to those affected by direct and structural violence.
By moving beyond the ‘toolkit’ of supposed restorative practices in transitional
justice, these essays challenge the reader to reconceptualize the meanings of
justice away from the perpetrator–victim dichotomy towards a transformational
vision of societal change.
Professor Harvey Weinstein, Senior Research Fellow, Human Rights Center;
Clinical Professor (Ret.), School of Public Health; Co-Editor-in-Chief Emeritus,
International Journal of Transitional Justice, Berkeley, USA
This volume is simultaneously critical and inspirational. The authors reflect hon-
estly on the deep structural challenges and the intense personal dimensions of
addressing mass human rights violations while exploring options for navigating
this complex terrain. The authors provide carefully considered and innovative
suggestions for how restorative responses can be more effectively integrated into
transitional justice approaches. These ideas present a timely challenge and stimu-
lus for transitional justice scholars, practitioners and policy makers.
The key argument of this volume, that restorative justice can be used as a
mechanism or lens through which local actors can claim a more significant stake
in dealing with the past while building their future, is an important reminder of
the transformative potential inherent in transitional contexts. This volume points
to how this potential can be promoted through critical and creative scholarship.
Dr Hugo van der Merwe, Head of Research, Centre for the Study of Violence
and Reconciliation, South Africa
Restorative Justice in Transitional Settings demonstrates how much needed and
how fruitful it is to broadening, to deepening and to lengthening the concept of
restorative justice. Through critical analysis of existing practices and opening up
new perspectives, a well-selected group of international scholars explore the
plural character of justice from different angles. This edited collection highly
contributes to both our understanding and designing of innovative restorative
justice approaches in a variety of societal and cultural contexts.
Professor Dr Ivo Aertsen, Director KU Leuven Institute of Criminology (LINC),
Belgium
Many academics and activists have been ‘pushing the envelope’ for a number of
years in terms of the promise of restorative justice in transitional settings. Kerry
Clamp has put together a collection of some of the most important voices in the
field and the results are impressive. What is needed is precisely such a cold-eyed,
pragmatic yet ambitious assessment of the possibilities and pitfalls of restorative
justice in such contexts. This book is a ‘must-read’ for anyone interested in the
topic. Clamp and her contributors are to be warmly congratulated for putting it
together.
Kieran McEvoy, Professor of Law and Transitional Justice,
Queens University Belfast
A compilation of very good theoretical and empirical studies by leading scholars
on a subject that is academically underdeveloped but of growing practical import-
ance. You can agree or disagree with the conclusions of the authors but this book
is a must read for all interested in the crucial subject on what is the best way for
emerging democracies to deal with past atrocities.
Rodrigo Uprimny, Professor of Law, National University of Colombia and
Executive Director of the Center of Studies Dejusticia
Restorative Justice in Transitional
Settings
Restorative justice is increasingly being applied to settings characterised by
large- scale violence and human rights abuses. While many embrace this devel-
opment as an important step in attempts to transform protracted conflict, there
are a number of conceptual challenges in transporting restorative justice from a
democratic setting to one which has been affected by mass victimisation or civil
war. These include responding to the seriousness and scale of harms that have
been caused, the blurred boundaries between victims and offenders, and the dif-
ficulties associated with holding someone to account and compelling reparative
activities. Despite reams of paper being devoted to defining restorative justice
within democratic settings (where the concept first emerged), restorative scholars
have been slow to comment on the integration of restorative justice into the
transitional justice discourse.
Restorative Justice in Transitional Settings brings together a number of
leading scholars from around the world to respond to this gap by developing and
further articulating restorative justice for transitional settings. These scholars
push the boundaries of restorative justice to seek more effective approaches to
addressing the causes and consequences of conflict and oppression in these
diverse contexts. Each chapter highlights a limitation with current conceptions
of restorative justice in the transitional justice literature and then suggests a way
in which the limitation might be overcome.
This book has strong interdisciplinary value and will be of interest to crimi-
nologists, legal scholars, and those engaged with international relations and
peace treaties.
Kerry Clamp is a Senior Lecturer in Criminology in the Department of Social
Sciences and Psychology at the University of Western Sydney. She received her
Ph.D. from the University of Leeds in 2010 and also holds degrees from the Uni-
versity of Sheffield and the University of South Africa. Her research agenda
focuses on the intersections of restorative justice and transitional justice, and of
restorative justice and policing.
Routledge frontiers of criminal justice
1 Sex Offenders: Punish, Help, 7 Contrasts in Punishment
Change or Control? An explanation of Anglophone
Theory, policy and practice excess and Nordic exceptionalism
explored John Pratt and Anna Eriksson
Edited by Jo Brayford,
Francis Cowe and John Deering 8 Victims of Environmental
Harm
2 Building Justice in Post- Rights, recognition and redress
Transition Europe under national and international
Processes of criminalisation within law
Central and Eastern European Matthew Hall
societies
Edited by Kay Goodall, 9 Doing Probation Work
Margaret Malloch and Bill Munro Identity in a criminal justice
occupation
3 Technocrime, Policing and
Rob C. Mawby and Anne Worrall
Surveillance
Edited by Stéphane Leman-L anglois
10 Justice Reinvestment
Can the criminal justice system
4 Youth Justice in Context
deliver more for less?
Community, compliance and
Chris Fox, Kevin Albertson and
young people
Kevin Wong
Mairead Seymour
5 Women, Punishment and Social 11 Epidemiological Criminology
Justice Theory to practice
Human rights and penal practices Edited by Eve Waltermaurer and
Margaret Malloch and Timothy A. Akers
Gill McIvor
12 Policing cities
6 Handbook of Policing, Ethics Urban securitization and
and Professional Standards regulation in a 21st century world
Edited by Allyson MacVean, Edited by Randy K. Lippert and
Peter Spindler and Charlotte Solf Kevin Walby
13 Restorative Justice in Transition 23 Positive Criminology
Kerry Clamp Edited by Natti Ronel and
Dana Segev
14 International perspectives on
police education and training 24 Inmates’ Narratives and
Edited by Perry Stanislas Discursive Discipline in
Prison
15 Understanding Penal Practice
Rewriting personal histories
Edited by Ioan Durnescu and
through cognitive behavioral
Fergus McNeill
programs in prison
Jennifer A. Schlosser
16 Perceptions of Criminal Justice
Vicky De Mesmaecker
25 Municipal Corporate Security
17 Transforming Criminal Justice? in International Context
Problem- solving and court Kevin Walby and
specialization Randy K. Lippert
Jane Donoghue
26 Victims and Restorative
18 Policing in Taiwan Justice
From authoritarianism to Edited by Ivo Aertsen,
democracy Inge Vanfraechem and
Liqun Cao, Lanying Huang and Daniela Bolivar
Ivan Y. Sun
27 The Role of Community in
19 Reparation for Victims of
Restorative Justice
Crimes against Humanity
Fernanda Fonseca Ronseblatt
The healing role of reparation
Edited by Jo-A nne M. Wemmers
28 Pre- crime
Pre- emption, precaution and the
20 Victims of Violence and
future
Restorative Practices
Jude McCulloch and
Finding a voice
Dean Wilson
Tinneke Van Camp
29 Punishing the Other
21 Long- Term Imprisonment and
The social production of
Human Rights
immorality revisited
Edited by Kirstin Drenkhahn,
Anna Eriksson
Manuela Dudeck and
Frieder Dünkel
30 International Developments and
22 Working within the Forensic Practices in Investigative
Paradigm Interviewing and Interrogation
Cross- discipline approaches for Volume 1: Victims and witnesses
policy and practice Edited by David Walsh,
Edited by Rosemary Sheehan and Gavin Oxburgh, Allison Redlich
James Ogloff and Trond Myklebust
31 International Developments and 33 Experiencing Imprisonment
Practices in Investigative Research on the experience of
Interviewing and Interrogation living and working in carceral
Volume 2: Suspects institutions
Edited by David Walsh, Edited by Carla Reeves
Gavin Oxburgh, Allison Redlich
and Trond Myklebust 34 Restorative Justice in
Transitional Settings
32 Improving Criminal Justice Edited by Kerry Clamp
Workplaces
Translating theory and research
into evidence-b ased practice
Paula Brough, Jennifer Brown
and Amanda Biggs
Restorative Justice in
Transitional Settings
Edited by Kerry Clamp
First published 2016
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
and by Routledge
711 Third Avenue, New York, NY 10017
Routledge is an imprint of the Taylor & Francis Group, an informa business
© 2016 Kerry Clamp
The right of the editor to be identified as the author of the editorial matter,
and of the authors for their individual chapters, has been asserted in
accordance with sections 77 and 78 of the Copyright, Designs and Patents
Act 1988.
All rights reserved. No part of this book may be reprinted or reproduced or
utilised in any form or by any electronic, mechanical, or other means, now
known or hereafter invented, including photocopying and recording, or in
any information storage or retrieval system, without permission in writing
from the publishers.
Trademark notice: Product or corporate names may be trademarks or
registered trademarks, and are used only for identification and explanation
without intent to infringe.
British Library Cataloguing-i n-Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging in Publication Data
A catalog record for this book has been requested
ISBN: 978-1-138-85193-1 (hbk)
ISBN: 978-1-315-72386-0 (ebk)
Typeset in Times New Roman
by Wearset Ltd, Boldon, Tyne and Wear
For Alexandra Ivy Wood, who makes my day, every day.