Transitional Justice Theories PDF
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Transitional Justice Theories Transitional Justice Theories is the first volume to approach the politically sensitive subject of post-conflict or post-authoritarian justice from a theore- tical perspective. It combines contributions from distinguished scholars and practitioners as well as from emerging academics from different disciplines, and provides an overview of conceptual approaches to the field. The volume seeks to refine our understanding of transitional justice by exploring often unarticulated assumptions that guide discourse and practice. To this end, it offers a wide selection of approaches from various theoretical traditions ran- ging from normative theory to critical theory. In their individual chapters, the authors explore the concept of transitional justice itself and its founda- tions, such as reconciliation, memory and truth, as well as intersections, such as reparations, peace building and norm compliance. This book will be of particular interest for scholars and students of law, peace and conflict studies, and human rights studies. Even though highly theoretical, the chapters provide an easy read for a wide audience including readers not familiar with theoretical investigations. Susanne Buckley-Zistel is Professor for Peace and Conflict Studies and Executive Director of the Center for Conflict Studies, Philipps University Marburg. Teresa Koloma Beck heads a research project on urban violence at the Centre Marc Bloch, Berlin. Christian Braun is a political scientist and currently research fellow at the Center for Conflict Studies, Philipps University Marburg. Friederike Mieth is a PhD candidate in Social and Cultural Anthropology at the Philipps University Marburg. Transitional Justice Series Editor: Kieran McEvoy Queen’s University Belfast The study of justice in transition has emerged as one of the most diverse and intellectually exciting developments in the social sciences. From its ori- gins in human rights activism and comparative political science, the field is increasingly characterised by its geographic and disciplinary breadth. This series aims to publish the most innovative scholarship from a range of disciplines working on transitional justice-related topics, including law, sociology,criminology,psychology,anthropology,politicalscience,development studies and international relations. Titles in this series: Transitional Justice, Judicial Accountability and the Rule of Law Hakeem O. Yusuf (2010) The Era of Transitional Justice: The Aftermath of the Truth and Reconciliation Commission in South Africa and Beyond Paul Gready (2010) The Dynamics of Transitional Justice Lia Kent (2012) Gender Politics in Transitional Justice Catherine O’Rourke (2013) Identity, Reconciliation and Transitional Justice Nevin T. Aiken (2013) Families of the Missing Simon Robins (2013) Forthcoming titles in the series: Corporate Accountability in the Context of Transitional Justice Sabine Michalowski The Concept of the Civilian Claire Garbett Transitional Justice and the Arab Spring Edited by Kirsten Fisher and Robert Stewart Truth, Denial and Transition: The Contested Past in Northern Ireland Cheryl Lawther The Judiciary and the Politics of Transition: Saviours, Scoundrels, Scapegoats Marny Requa The Art of Post-Dictatorship: Ethics and Aesthetics Vikki Bell International Trials and Reconciliation Janine Clark This page intentionally left blank Transitional Justice Theories Edited by Susanne Buckley-Zistel, Teresa Koloma Beck, Christian Braun and Friederike Mieth Firstpublished2014 byRoutledge 2ParkSquare,MiltonPark,Abingdon,OxonOX144RN SimultaneouslypublishedintheUSAandCanada byRoutledge 711ThirdAvenue,NewYork,NY10017 AGlassHouseBook RoutledgeisanimprintoftheTaylor&FrancisGroup,aninformabusiness ©2014SusanneBuckley-Zistel,TeresaKolomaBeck,ChristianBraun, FriederikeMieth TherightofSusanneBuckley-Zistel,TeresaKolomaBeck,ChristianBraun, FriederikeMiethtobeidentifiedasauthorsofthisworkhasbeenassertedby theminaccordancewithsections77and78oftheCopyright,Designsand PatentsAct1988. Allrightsreserved.Nopartofthisbookmaybereprintedorreproducedor utilisedinanyformorbyanyelectronic,mechanical,orothermeans,now knownorhereafterinvented,includingphotocopyingandrecording,orinany informationstorageorretrievalsystem,withoutpermissioninwritingfrom thepublishers. Trademarknotice:Productorcorporatenamesmaybetrademarksor registeredtrademarks,andareusedonlyforidentificationandexplanation withoutintenttoinfringe. BritishLibraryCataloguinginPublication AcataloguerecordforthisbookisavailablefromtheBritishLibrary LibraryofCongressCataloging-in-PublicationData Acatalogrecordhasbeenrequestedforthisbook ISBN:978-0-415-82210-7(hbk) ISBN:978-0-203-46573-8(ebk) TypesetinGaramond byTaylor&FrancisBooks Contents Contributors ix Acknowledgements xi List of abbreviations xii Transitional justice theories: An introduction 1 SUSANNEBUCKLEY-ZISTEL,TERESAKOLOMABECK, CHRISTIANBRAUNANDFRIEDERIKEMIETH PARTI Theorising transitional justice 17 1 Transformative justice, reconciliation and peacebuilding 19 WENDYLAMBOURNE 2 Rethinking reconciliation in divided societies: A social learning theory of transitional justice 40 NEVINT.AIKEN 3 The plural justice aims of reparations 66 LISAJ.LAPLANTE 4 Political liberalism after mass violence: John Rawls and a ‘ theory’ of transitional justice 85 KORAANDRIEU 5 The vertical and horizontal expansion of transitional justice: Explanations and implications for a contested field 105 THOMASOBELHANSEN viii Contents PARTII Exploring the limits of transitional justice 125 6 Bargaining justice: A theory of transitional justice compliance 127 JELENASUBOTIC´ 7 Narrative truths: On the construction of the past in truth commissions 144 SUSANNEBUCKLEY-ZISTEL 8 Redressive politics and the nexus of trauma, transitional justice and reconciliation 163 MAGDALENAZOLKOS 9 Forgetting the embodied past: Body memory in transitional justice 184 TERESAKOLOMABECK 10 Understanding the political economy of transitional justice: A critical theory perspective 201 HANNAHFRANZKIANDMARIACAROLINAOLARTE Index 222 Contributors Nevin T. Aiken is an Assistant Professor in the Department of Political Scienceand Global& AreaStudies Programat theUniversityofWyoming. His first book, Identity, Reconciliation and Transitional Justice: Overcoming Intractability in Divided Societies, was published in 2013 by Routledge. Kora Andrieu is a human rights officer and transitional justice focal point at the Office of the United Nations High Commissioner for Human Rights in Tunisia. She is the author of numerous works on transitional justice and political philosophy, including La justice transitionnelle. De l’Afrique du Sud au Rwanda (Gallimard, 2012). Christian Braun is a political scientist and currently research fellow at the Center for Conflict Studies, Philipps University Marburg. His main focus of research lies on the former Yugoslavia, memory studies and transitional justice processes. Susanne Buckley-Zistel is Professor for Peace and Conflict Studies and Executive Director of the Center for Conflict Studies, Philipps University Marburg. She has published on issues related to peacebuilding, transi- tional justice, gender and post-structural theory, including a co-edited volume Gender in Transitional Justice (Palgrave, 2012) and a forthcoming co-edited volume Memorials in Times of Transition (Intersentia 2013). Hannah Franzki studied politics and law in Marburg, Montevideo and Warwick, and is currently reading for a PhD in law at Birkbeck College, University of London. Her research project is concerned with economic dimensions of state crime and the writing of history in (international) criminal trials. Thomas Obel Hansen holds a PhD from Aarhus University Law School, Denmark. He currently works as an independent consultant and assis- tant professor of international law with the United States International University in Nairobi. He has published widely on transitional justice, international criminal law and various human rights issues.
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