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Groenstraat 31 2640 Mortsel Belgium T +32 3 680 15 50 F +32 3 658 71 21 [email protected] www.intersentia.com Intersentia Ltd Sheraton House Castle Park Cambridge CB3 0AX United Kingdom T +44 (0) 1223 370 170 F +44 (0) 1223 370 169 [email protected] www.intersentia.co.uk SERIES ON TRANSITIONAL JUSTICE Countries emerging from long periods of authoritarian rule must often confront a legacy of gross human rights abuses perpetrated over many years. During the past two decades, these age-old issues have been termed “problems of transitional justice”, both by academics and policymakers around the world. The Series on Transitional Justice offers a platform for high-quality research within the rapidly growing field of transitional justice. The volumes are inter-disciplinary in nature, drawing from disciplines such as law, politi- cal science, history, sociology, criminology, anthropol- ogy and psychology, as well as from various specialised fields of study such as human rights, victimology and peace studies. Furthermore, the series has an interna- tional outlook, drawing on the knowledge and experi- ence of academics and other specialists in many differ- ent regions of the world. Editorial Board: · Stephan Parmentier (University of Leuven, Belgium) · Jeremy Sarkin (University of South Africa) · Elmar Weitekamp (University of Tübingen, Germany) Editorial Committee: · Gordon Bazemore (Florida Atlantic University, Fort Lauderdale) · Adam Czarnota (University of New South Wales, Sydney) · Max Du Plessis (University of Kwazulu Natal) · Mark Freeman (Institute for Integrated Transitions, Barcelona) · Ksenija Turkovic (University of Zagreb) · Paul Redekop (Menno Simons College at the University of Winnipeg) · Holger Rohne (Max Planck Institute, Freiburg) · Raquel Yrigoyen Fajardo (International Institute for Law and Society, Lima) Advisory Board: · Abdullahi An-Na’im (Emory University, Atlanta) · Elazar Barkan (Columbia University, New York) · Douglass Cassel (University of Notre Dame, South Bend) · Javier Ciurlizza (Pontificia Universidad de Peru, Lima) · Pablo De Greiff (International Center for Transitional Justice, New York) · Mustapha El Sayyid (Cairo University) · Mark Groenhuijsen (University of Tilburg) · Hans-Jürgen Kerner (University of Tübingen) · Rama Mani (International Centre for Ethnic Studies, Colombo) · Eliseo Mercado (University of the Philippines, Manilla) · Sally Engle Merry (New York University) · Setsuo Miyazawa (Waseda University, Tokyo) · Steve Peté (University of Kwazulu Natal) · Luc Reychler (Catholic University of Leuven) · Julian Roberts (University of Oxford) · William Schabas (National University of Ireland, Galway) · Clifford Shearing (University of Cape Town) · Eric Stover (University of California, Berkeley) · Victor Topanou (University of Cotonou) · Oskar Vilhena Viera (University of Sao Paolo) All volumes in the series have been subjected to a rigorous double-blind peer review process With a subscription to the series you enjoy a 15% discount on each volume SERIES ON TRANSITIONAL JUSTICE With a subscription to the series you enjoy a 15% discount on each volume With a subscription to the series you enjoy a 15% discount on each volume SERIES ON TRANSITIONAL JUSTICE
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Page 1: SERIES ON TRANSITIONAL JUSTICE · This book studies the role of inter-national actors in the areas of tran-sitional justice and justice sector aid with respect to traditional justice

Groenstraat 312640 MortselBelgiumT +32 3 680 15 50F +32 3 658 71 [email protected] www.intersentia.com

Intersentia LtdSheraton HouseCastle ParkCambridge CB3 0AX United KingdomT +44 (0) 1223 370 170F +44 (0) 1223 370 [email protected]

SERIES ON TRANSITIONAL JUSTICE

Countries emerging from long periods of authoritarian

rule must often confront a legacy of gross human rights

abuses perpetrated over many years. During the past

two decades, these age-old issues have been termed

“problems of transitional justice”, both by academics

and policymakers around the world.

The Series on Transitional Justice offers a platform for

high-quality research within the rapidly growing field

of transitional justice. The volumes are inter-disciplinary

in nature, drawing from disciplines such as law, politi-

cal science, history, sociology, criminology, anthropol-

ogy and psychology, as well as from various specialised

fields of study such as human rights, victimology and

peace studies. Furthermore, the series has an interna-

tional outlook, drawing on the knowledge and experi-

ence of academics and other specialists in many differ-

ent regions of the world.

Editorial Board:

· Stephan Parmentier (University of Leuven, Belgium) · Jeremy Sarkin (University of South Africa) · Elmar Weitekamp (University of Tübingen, Germany)

Editorial Committee:

· Gordon Bazemore (Florida Atlantic University, Fort Lauderdale) · Adam Czarnota (University of New South Wales, Sydney) · Max Du Plessis (University of Kwazulu Natal) · Mark Freeman (Institute for Integrated Transitions, Barcelona) · Ksenija Turkovic (University of Zagreb) · Paul Redekop (Menno Simons College at the University of Winnipeg) · Holger Rohne (Max Planck Institute, Freiburg) · Raquel Yrigoyen Fajardo (International Institute for Law and Society, Lima)

Advisory Board:

· Abdullahi An-Na’im (Emory University, Atlanta) · Elazar Barkan (Columbia University, New York) · Douglass Cassel (University of Notre Dame, South Bend) · Javier Ciurlizza (Pontificia Universidad de Peru, Lima) · Pablo De Greiff (International Center for Transitional Justice, New York) · Mustapha El Sayyid (Cairo University) · Mark Groenhuijsen (University of Tilburg) · Hans-Jürgen Kerner (University of Tübingen) · Rama Mani (International Centre for Ethnic Studies, Colombo) · Eliseo Mercado (University of the Philippines, Manilla) · Sally Engle Merry (New York University) · Setsuo Miyazawa (Waseda University, Tokyo) · Steve Peté (University of Kwazulu Natal) · Luc Reychler (Catholic University of Leuven) · Julian Roberts (University of Oxford) · William Schabas (National University of Ireland, Galway) · Clifford Shearing (University of Cape Town) · Eric Stover (University of California, Berkeley) · Victor Topanou (University of Cotonou) · Oskar Vilhena Viera (University of Sao Paolo)

All volumes in the series have been subjected to a rigorous double-blind peer review process

With a subscription to the series you enjoy a 15% discount on each volume

SERIES ON TRANSITIONAL JUSTICE

With a subscription to the series you enjoy a 15% discount on each volume

With a subscription to the series you enjoy a 15% discount on each volume

SERIES ON TRANSITIONAL JUSTICE

Page 2: SERIES ON TRANSITIONAL JUSTICE · This book studies the role of inter-national actors in the areas of tran-sitional justice and justice sector aid with respect to traditional justice

1 Repairing the PastInternational Perspectives on Reparations for Gross Human Rights Abuses

· S. Peté and M. du Plessis (eds.) · 2007 | ISBN 978-90-5095-492-1 | xix + 455 pp. | hardback · 89 euros | 107 US dollars | 85 GB pounds · Subscription: 75.65 euros | 91 US dollars | 72 GB pounds

2 Long Road Home Building Reconciliation and Trust in Post-War Sierra Leone

· L. Stovel · 2010 | ISBN 978-94-000-0028-5 | xx + 282 pp. | hardback · 64 euros | 77 US dollars | 61 GB pounds · Subscription: 54.40 euros | 65 US dollars | 52 GB pounds

3 Making the Transition International Intervention, State-Building and Criminal Justice Reform in Bosnia and Herzegovina

· A. Aitchison · 2011 | ISBN 978-94-000-0140-4 | xxii + 248 pp. | hardback · 64 euros | 77 US dollars | 61 GB pounds · Subscription: 54.40 euros | 65 US dollars | 52 GB pounds

4 Stones Left Unturned Law and Transitional Justice in Burundi

· 2009 Max van der Stoel Human Rights Award · S. Vandeginste · 2010 | ISBN 978-94-000-0115-2 | xxi + 452 pp. | hardback · 89 euros | 107 US dollars | 91 GB pounds · Subscription: 75.65 euros | 91 US dollars | 72 GB pounds

5 Margins of Conflict The ECHR and Transitions to and from Armed Conflict

· A. Buyse (ed.) · 2010 | ISBN 978-94-000-0157-2 | xiv + 196 pp. | hardback · 53 euros | 64 US dollars | 50 GB pounds · Subscription: 45.05 euros | 54 US dollars | 43 GB pounds

6 Rethinking Transitions Equality and Social Justice in Societies Emerging from Conflict

· G. Oré Aguilar and F. Gómez Isa (eds.) · 2011 | ISBN 978-1-78068-003-3 | xiv + 330 pp. | hardback · 82 euros | 98 US dollars | 78 GB pounds · Subscription: 69.70 euros | 84 US dollars | 66 GB pounds

7 Rule of Law after War and Crisis Ideologies, Norms and Methods

· R. Zajac Sannerholm · 2012 | ISBN 978-1-78068-008-8 | xvi + 276 pp. | hardback · 75 euros | 90 US dollars | 71 GB pounds · Subscription: 64 euros | 77 US dollars | 60 GB pounds

8 Critical Perspectives in Transitional Justice

· N. Palmer, Ph. Clark and D. Granville (eds.) · 2012 | ISBN 978-1-78068-035-4 | xiv + 502 pp. | hardback · 95 euros | 114 US dollars | 90 GB pounds · Subscription: 80.75 euros | 97 US dollars | 77 GB pounds

9 International Law in Domestic Courts: Rule of Law Reform in Post-Conflict States

· E. Kristjánsdóttir, A. Nollkaemper and C. Ryngaert (eds.) · 2012 | ISBN 978-1-78068-041-5 | xiv + 336 pp. | hardback · 79 euros | 95 US dollars | 75 GB pounds · Subscription: 67.15 euros | 81 US dollars | 64 GB pounds

10 Public Forgiveness in Post-Conflict Contexts

· B. van Stokkom, N. Doorn and P. van Tongeren (eds.) · 2012 | ISBN 978-1-78068-044-6 | xvi + 262 pp. | hardback · 62 euros | 74 US dollars | 59 GB pounds · Subscription: 52.70 euros | 63 US dollars | 50 GB pounds

International Actors and Traditional Justice in Sub-Saharan AfricaPolicies and Interventions in Transitional Justice and Justice Sector Aid

· T. Bennett, E. Brems, G. Corradi, L. Nijzink and M. Schotsmans (eds.)

· 2015 | ISBN 978-1-78068-287-7 · approx. 254 pp. | paperback · 65 euros | 78 US dollars |

62 GB pounds

This book studies the role of inter-national actors in the areas of tran-sitional justice and justice sector aid with respect to traditional justice and legal pluralism in sub-Saharan Africa. Based on a number of case studies, the chapters describe the kinds of policies and interventions that are supported and financed by interna-tional actors, with special attention for the kinds of strategies that are deployed in order to address areas of tension with human rights. The vol-ume then explores the relationship between international actors’ prac-tices and the body of knowledge that exists in these domains, as well as in general socio legal theory. Thereby, this contribution offers empirical data drawn from examples of who is do-ing what in a series of case studies, identifies regional trends and links them to the existing literature by examining the extent to which the insights generated so far by scholars and practitioners is reflected in the work of international actors. Based on this, the book formulates a number of hypotheses that may explain current trends and proposes additional issues that need to be considered in future research agendas. Finally, the volume links two fields of intervention that have so far evolved in rather parallel ways and explores the commonalities and differences that can be found in the areas of transitional justice and justice sector aid.

African Perspectives on Tradition and Justice

· T. Bennett, E. Brems, G. Corradi, L. Nijzink and M. Schotsmans (eds.)

· 2012 | ISBN 978-1-78068-059-0 · xiii + 174 pp. | paperback · 45 euros | 54 US dollars |

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Yes, I would like a subscription to the series and save 15% on all forthcoming volumes. SUBSCRIPTION

Yes, I would like to order: Repairing the Past: International Perspectives on Reparations for Gross Human Rights Abuses

(S. PETÉ AND M. DU PLESSIS (EDS.) | 2007 | ISBN 978-90-5095-492-1) € 89 $ 107 £ 85 € 75.65 $ 91 £ 72 Long Road Home - Building Reconciliation and Trust in Post-War Sierra Leone

(L. STOVEL | 2010 | ISBN 978-94-000-0028-5) € 64 $ 77 £ 61 € 54.40 $ 65 £ 52 Making the Transition - International Intervention, State-Building and Criminal Justice Reform in Bosnia

and Herzegovina (A. AITCHISON | 2011 | ISBN 978-94-000-0140-4) € 64 $ 77 £ 61 € 54.40 $ 65 £ 52 Stones Left Unturned - Law and Transitional Justice in Burundi

(S. VANDEGINSTE | 2010 | ISBN 978-94-000-0115-2) € 89 $ 107 £ 85 € 75.65 $ 91 £ 72 Margins of Conflict - The ECHR and Transitions to

and from Armed Conflict (A. BUYSE (ED.) | 2010 | ISBN 978-94-000-0157-2) € 53 $ 64 £ 50 € 45.05 $ 54 £43 Rethinking Transitions - Equality and Social Justice in Societies Emerging from Conflict

(G. ORÉ AGUILAR AND F. GÓMEZ ISA (EDS.) | 2011 | ISBN 978-1-78068-003-3) € 82 $ 98 £ 78 € 69.70 $ 84 £ 66 Rule of Law after War and Crisis - Ideologies, Norms and Methods

(R. ZAJAC SANNERHOLM | 2012 | ISBN 978-1-78068-008-8) € 75 $ 90 £ 71 € 64 $ 77 £ 60 Critical Perspectives in Transitional Justice

(N. PALMER, PH. CLARK AND D. GRANVILLE (EDS.) | 2012 | ISBN 978-1-78068-035-4) € 95 $ 114 £ 90 € 80.75 $ 97 £ 77 International Law in Domestic Courts: Rule of Law - Reform in Post-Conflict States

(E. KRISTJÁNSDÓTTIR, A. NOLLKAEMPER AND C. RYNGAERT (EDS.) | 2012 | ISBN 978-1-78068-041-5) € 79 $ 95 £ 75 € 67.15 $ 81 £ 64 Public Forgiveness in Post-Conflict Contexts

(B. VAN STOKKOM, N. DOORN AND P. VAN TONGEREN (EDS.) | 2012 | ISBN 978-1-78068-044-6) € 62 $ 74 £ 59 € 52.70 $ 63 £ 50 Re-Member - Rehabilitation, Reintegration and Reconciliation of War-Affected Children

(I. DERLUYN, C. MELS, S. PARMENTIER AND W. VANDENHOLE (EDS.) | 2012 | ISBN 978-94-000-0027-9) € 100 $ 120 £ 95 € 85 $ 102 £ 81 Sexual Violence as an International Crime: Interdisciplinary Approaches

(A.-M. DE BROUWER, C. KU, R. RÖMKEN AND L. VAN DEN HERIK (EDS.) | 2013 | ISBN 978-1-78068-002-6) € 80 $ 96 £ 76 € 68 $ 82 £ 65 Feminist Perspectives on Transitional Justice

(M.ALBERTSON FINEMAN AND E. ZINSSTAG (EDS.) | 2013 | ISBN 978-1-78068-142-9) € 75 $ 90 £ 71 € 63.75 $ 77 £ 61 Historical Memory and Criminal Justice in Spain

(J. M. TAMARIT SUMALLA | 2013 | ISBN 978-1-78068-143-6) € 69 $ 83 £ 66 € 58.65 $ 70 £ 56 Law, Nation-Building & Transformation - The South African experience in perspective

(C. JENKINS AND M. DU PLESSIS (EDS.) | 2014 | ISBN 978-1-78068-184-9) € 75 $ 90 £ 71 € 63.75 $ 77 £ 61 Memorials in Times of Transition

(S. BUCKLEY-ZISTEL AND S. SCHÄFER (EDS.) | 2014 | ISBN 978-1-78068-211-2) € 69 $ 83 £ 66 € 58.65 $ 70 £ 56 Transitional Justice and Memory in Europe (1945-2013)

(N. WOUTERS (ED.) | 2014 | ISBN 978-1-78068-214-3) € 75 $ 90 £ 71 € 63.75 $ 77 £ 61 Transitional Criminal Justice in Post-Dictatorial and Post-Conflict Societies

(A. FIJALKOWSKI AND R. GROSESCU (EDS.) | 2015 | ISBN 978-1-78068-260-0) € 85 $ 102 £ 81 € 72.25 $ 87 £ 69 The Performance of Memory as Transitional Justice

(S. E. BIRD AND F. M. OTTANELLI (EDS.) | 2015 | ISBN 978-1-78068-262-4) € 60 $ 72 £ 57 € 51 $ 61 £48

African Perspectives on Tradition and Justice (T. BENNETT, E. BREMS, G. CORRADI, L. NIJZINK AND M. SCHOTSMANS (EDS.) | 2012 | ISBN 978-1-78068-059-0) € 65 $ 54 £ 62

International Actors and Traditional Justice in Sub-Saharan Africa (. BENNETT, E. BREMS, G. CORRADI, L. NIJZINK AND M. SCHOTSMANS (EDS.) | 2015 | ISBN 978-1-78068-287-7) € 45 $ 78 £43

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11 Re-MemberRehabilitation, Reintegration and Reconciliation of War-Affected Children

· I. Derluyn, C. Mels, S. Parmentier and W. Vandenhole (eds.) · 2012 | ISBN 978-94-000-0027-9 | xxxviii + 568 pp. | hardback · 100 euros | 120 US dollars | 95 GB pounds · Subscription: 85 euros | 102 US dollars | 81 GB pounds

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 chil-dren 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 demobi-lisation of child soldiers, but also extend to questions of rehabilitation, reintegra-tion and reconciliation processes of all children and youths. In stark contrast to the complex reality of armed conflict and the involvement of children therein, aca-demic 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 psy-chology 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 chil-dren 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, psy-chosocial 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 theo-retical perspectives, empirical findings and country reports. The book also contains prefaces from two distinguished academics and policymakers in the field of international children’s rights. It will therefore not only be of interest to academics, but also to policymakers, practitioners, non-governmental or-ganisations, the media, and every citizen interested.

12 Sexual Violence as an International Crime: Interdisciplinary Approaches

· A.-M. de Brouwer, C. Ku, R. Römkens, and L. van den Herik (eds.) · 2013 | ISBN 978-1-78068-002-6 | xxiv + 400 pp. | hardback · 80 euros | 96 US dollars | 76 GB pounds · Subscription: 68 euros | 82 US dollars | 65 GB pounds

This edited volume focuses on developments in recognizing, investigating, and prosecuting cases of sexual violence in (post-)conflict situations from an interdis-ciplinary angle. The investigation and prosecution of these cases raises new and challenging questions as to how to build evidence, but also how to address vic-tims’ concerns in that process. It addresses innovations and challenges of empiri-cal 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 interna-tional courts; and how to create awareness of sexual violence crimes in order to recognize such crimes and to prevent them in the future.

13 Feminist Perspectives on Transitional JusticeFrom International and Criminal to Alternative Forms of Justice

· M. Albertson Fineman and E. Zinsstag (eds.) · 2013 | ISBN 978-1-78068-142-9 | xvi + 362 pp. | hardback · 75 euros | 90 US dollars | 71 GB pounds · Subscription: 63.75 euros | 77 US dollars | 61 GB pounds

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 tran-sitional 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 com-mentators 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 partici-pation of the entire population, including women, in rebuilding a more stable, fair and democratic pol-ity. This book offers some insights into women’s perspectives and feminist views on the topic of transi-tional 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.

14 Historical Memory and Criminal Justice in SpainA Case of Late Transitional Justice

· J. M. Tamarit Sumalla · 2013 | ISBN 978-1-78068-143-6 | viii + 210 pp. | hardback · 69 euros | 83 US dollars | 66 GB pounds · Subscription: 58.65 euros | 70 US dollars | 56 GB pounds

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 sociol-ogy. 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 transi-tional 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 deci-sions 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 perpe-trated 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.

15 Law, Nation-Building & TransformationThe South African experience in perspective

· C. Jenkins and M. du Plessis (eds.) · 2014 | ISBN 978-1-78068-184-9 | xvi + 334 pp. | hardback · 75 euros | 90 US dollars | 71 GB pounds · Subscription: 63.75 euros | 77 US dollars | 61 GB pounds

In this volume, fifteen contributors from the disciplines of law, politics and sociology reflect on South Africa’s transition to democracy and the chal-lenges of transformation and nation-building that have confronted the country since the first democratic elections of 1994. The range of topics cov-ered is expansive, in keeping with a broader than usual definition of transi-tional 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 na-tion-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 ser-vices 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 consti-tutional dispensation and to legal regulation, this volume focuses in particular, but not exclu-sively, 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 per-spective and considers whether any lessons may be learnt for the field of transitional justice.

16 Memorials in Times of Transition

· S. Buckley-Zistel and S. Schäfer (eds.) · 2014 | ISBN 978-1-78068-211-2 | xii + 246 pp. | hardback · 69 euros | 83 US dollars | 66 GB pounds · Subscription: 58.65 euros | 70 US dollars | 56 GB pounds

Over the past decades, the practise of and research on transitional justice have expanded to preserving memory in the form of memorials. Memorials often employ a common architectural language and a set of political and ethical claims dictate the effect memory can or should have after large-scale violence: providing public sites of commemoration and mourning, putting past wrongs right, holding perpetrators accountable, vindicating the dignity of victims-survivors and contributing to reconciliation. Yet what are the gen-eral roles of memorials in transitions to justice? Who uses or opposes memo-

rials, and to which ends? How – and what – do memorials communicate both explicitly and im-plicitly to the public? What is their architectural language? Questions such as these have long been pursued within the growing field of memory studies and provide valuable insights for

researchers in transitional justice who mostly focus on the role of memorials as a mechanism to further some form of justice after the experience of violence. The goal of this volume is therefore to situate the analysis of transitional justice within memory studies’ broader critical understand-ing of the socio-political, aesthetic and ethical concerns underlying these memorial projects. It combines the two by providing a transnational selection of single case-studies that emphasise the global dimension of memory culture while couching it in current debates in the field of trans-itional justice.

17 Transitional Justice and Memory in Europe (1945-2013)

· N. Wouters (ed.) · 2014 | ISBN 978-1-78068-214-3 | xii + 416 pp. | hardback · 75 euros | 90 US dollars | 71 GB pounds · Subscription: 63.75 euros | 77 US dollars | 61 GB pounds

What lessons can we learn from history, and more importantly: how?This question is as commonplace as it is essential. Efficient transitional justice policy evaluation requires, inter alia, an historical dimension. What policy has or has not worked in the past is an obvious key question. Nev-ertheless, history as a profession remains somewhat absent in the multi-disciplinary field of transitional justice. The idea that we should learn lessons from history continues to create unease among most professional histori-ans. In his critical introduction, the editor investigates the framework of this

unease. At the core of this book are nine national European case studies (post 1945, the 1970s dictatorships, post 1989) which implement the true scholarly advantage of historical research for the field of transitional justice: the broad temporal space. All nine case studies tackle the longer-term impact of their country’s transitional justice policies. Two comparative conclusions, amongst others by the internationally renowned transitional justice specialist Luc Huyse, complete this collection. This volume is a major contribution in the search for synergies between the agenda of historical research and the rapidly developing field of transitional justice.

18 Transitional Criminal Justice in Post-Dictatorial and Post-Conflict Societies

· A. Fijalkowski and R. Grosescu (eds.) · 2015 | ISBN 978-1-78068-260-0 | x + 290 pp. | hardback · 85 euros | 102 US dollars | 81 GB pounds · Subscription: 72.25 euros | 87 US dollars | 69 GB pounds

This volume considers the important and timely question of criminal justice as a method of addressing state violence committed by non-democratic re-gimes. The book’s main objectives concern a fresh, contemporary, and criti-cal analysis of transitional criminal justice as a concept and its related meas-ures, beginning with the initiatives that have been put in place with the fall of the Communist regimes in Europe in 1989. The project argues for rethink-ing and revisiting filters that scholars use to interpret main issues of transi-tional criminal justice, such as: the relationship between judicial accounta-

bility, democratisation and politics in transitional societies; the role of successor trials in rewriting history; the interaction between domestic and international actors and specific initiatives in shaping transitional justice; and the paradox of time in enhancing accountability for human rights violations. In order to accomplish this, the volume considers cases of domestic accountability in the post-1989 era, from different geographical areas, such as Europe, Asia and Africa, in relation to key events from various periods of time. In this way the approach, which investigates space and time-lines in key examples, also takes into account a longitudinal study of transitional criminal justice itself.

19 The Performance of Memory as Transitional Justice

· S. E. Bird and F. M. Ottanelli (eds.) · 2015 | ISBN 978-1-78068-262-4 | viii + 202 pp. | hardback · 60 euros | 72 US dollars | 57 GB pounds · Subscription: 51 euros | 61 US dollars | 48 GB pounds

Based on case studies spanning time and geography from the Spanish to the Nigerian civil wars, to government repression in Argentina, genocidal poli-cies in Guatemala and Rwanda and on to forced population removal in Aus-tralia 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 recon-ciliation through the public expression of shared memories of violence.

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