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The Development of Institutions of Human Rights : A Comparative Study - Lilian A. Barria

The Development of Institutions of Human Rights

A Comparative Study

By: Lilian A. Barria (Editor), Steven D. Roper (Editor)

Paperback Published: 8th June 2010
ISBN: 9781403976536
Number Of Pages: 224

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During the transition to democracy, states have used various mechanisms to address previous human rights abuses including domestic trials, truth and reconciliation commissions and internationalized tribunals. This volume analyzes the transitional justice choices made by four countries: Argentina, Bosnia-Herzegovina (BiH), Sierra Leone and East Timor. For each country, there is a chapter which provides a historical overview concerning the causes of the conflict and two subsequent chapters which highlight a different method of transitional justice implemented. The volume highlights the opportunities and the constraints faced by states and the international community to provide accountability for human rights violations.

"The Development of Institutions of Human Rights is a wonderful contribution to the transitional justice literature. The authors walk the reader through a series of different and very detailed cases while never losing sight of the common goal that binds this book together - understanding transitional justice. This comparative method allows the reader to make normative judgments on each approach, thus providing insight for both academics and policymakers alike. The reader of this book walks away with a better conceptualization of both the methods employed in these cases and the benefits/drawbacks of each method. In short, the insightful and comprehensive nature in which Barria and Roper set up this text make it a must read for anyone interested in the debate about how governments address past human rights abuses." - Eric K. Leonard, Henkel Family Chair in International Affairs, Shenandoah University

"One of the most daunting tasks facing social scientists is developing mechanisms by which the cause of transitional justice can be advanced in post-conflict societies. This is complex in part because it involves promoting peace, justice, and truth and reconciliation simultaneously. This volume makes a compelling case for blending restorative and retributive justice based on comparative historical studies. It sheds enormous light on conceptual confusion surrounding the notion of reconciliation and mechanisms that can be used to promote it. The cases reviewed in this volume, informed by substantial fieldwork, demonstrate that various transnational justice mechanisms can be used at the same time. A topical and timely study, this contribution merits particular attention by scholars, activists, and policymakers alike." - Mahmood Monshipouri, Department of International Relations, San Francisco State University

Series Editor Forewordp. ix
Preface and Acknowledgmentsp. xi
List of Abbrevationsp. xiii
About the Authorsp. xv
Introduction
Mechanisms of Transitional Justicep. 3
Argentina
Argentina's Proceso: Societal "Reform" through Premeditated Terrorp. 17
Successes and Limitations of the CONADEP Experience in the Determination of Responsibilities for Human Rights Violations in Argentinap. 33
Recalling the Legacy of the 1985 Trial of the Military in Argentinap. 49
Bosnia-Herzegovina
Violence Born of History/History Born of Violence: A Brief Context for Understanding the Bosnian Warp. 65
Transitional Justice in Bosnia: The International Criminal Tribunal for the Former Yugoslaviap. 83
Home Court Advantage? Domestic Trials and Transitional Justice in Bosnia-Herzegovinap. 99
Sierra Leone
Genesis of the Sierra Leone Conflict and Its Human Rights Violationsp. 117
Addressing Impunity in Sierra Leone: The Truth and Reconciliation Commissionp. 131
Mixed Justice, Mixed Legacy: The Special Court for Sierra Leonep. 145
East Timor
East Timor and the Struggle for Independencep. 163
Promoting Human Rights through Hybrid Courts: The Serious Crimes Process in East Timorp. 179
Unfinished Business: The Commission for Reception, Truth, and Reconciliation in East Timorp. 195
Conclusion
The Quest for Justice: Lessons Learnedp. 211
Indexp. 219
Table of Contents provided by Ingram. All Rights Reserved.

ISBN: 9781403976536
ISBN-10: 1403976538
Series: Perspectives in Comparative Politics
Audience: General
Format: Paperback
Language: English
Number Of Pages: 224
Published: 8th June 2010
Publisher: Palgrave USA
Country of Publication: US
Dimensions (cm): 23.11 x 14.99  x 1.52
Weight (kg): 0.36
Edition Number: 1