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Gender and Transitional Justice

Gender and Transitional Justice Author Susan Harris Rimmer
ISBN-10 9781135272456
Release 2010-02-25
Pages 256
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Gender and Transitional Justice provides the first comprehensive feminist analysis of the role of international law in formal transitional justice mechanisms. Using East Timor as a case study, it offers reflections on transitional justice administered by a UN transitional administration. Often presented as a UN success story, the author demonstrates that, in spite of women and children’s rights programmes of the UN and other donors, justice for women has deteriorated in post-conflict Timor, and violence has remained a constant in their lives. This book provides a gendered analysis of transitional justice as a discipline. It is also one of the first studies to offer a comprehensive case study of how women engaged in the whole range of transitional mechanisms in a post-conflict state, i.e. domestic trials, internationalised trials and truth commissions. The book reveals the political dynamics in a post-conflict setting around gender and questions of justice, and reframes of the meanings of success and failure of international interventions in the light of them.



Diminishing Conflicts in Asia and the Pacific

Diminishing Conflicts in Asia and the Pacific Author Edward Aspinall
ISBN-10 9780415670319
Release 2013
Pages 296
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Since the publication of the 2005 Human Security Report, scholars and policy-makers have debated the causes, interpretation and implications of what the report described as a global decline in armed conflict since the end of the Cold War. Focusing on the Asia-Pacific region, this book analyses the causes and patterns of this decline. In few regions has the apparent decline in conflict been as dramatic as in the Asia-Pacific, with annual recorded battle deaths falling in the range of 50 to 75 percent between 1994 and 2004. Drawing on a wide range of case studies, this book looks at internal conflicts based on the mobilization of ethnic and nationalist grievances, which have been the most costly in human lives over the last decade. The book identifies structures, norms, practices and techniques that have either fuelled or moderated conflicts. As such, it is an essential read for students and scholars of international relations, peace and conflict studies and Asian studies.



Networked Governance of Freedom and Tyranny

Networked Governance of Freedom and Tyranny Author John Braithwaite
ISBN-10 9781921862762
Release 2012-03-01
Pages 365
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This book offers a new approach to the extraordinary story of Timor-Leste. The Indonesian invasion of the former Portuguese colony in 1975 was widely considered to have permanently crushed the Timorese independence movement. Initial international condemnation of the invasion was quickly replaced by widespread acceptance of Indonesian sovereignty. But inside Timor-Leste various resistance networks maintained their struggle, against all odds. Twenty-four years later, the Timorese were allowed to choose their political future and the new country of Timor-Leste came into being in 2002. This book presents freedom in Timor-Leste as an accomplishment of networked governance, arguing that weak networks are capable of controlling strong tyrannies. Yet, as events in Timor-Leste since independence show, the nodes of networks of freedom can themselves become nodes of tyranny. The authors argue that constant renewal of liberation networks is critical for peace with justice - feminist networks for the liberation of women, preventive diplomacy networks for liberation of victims of war, village development networks, civil society networks. Constant renewal of the separation of powers is also necessary. A case is made for a different way of seeing the separation of powers as constitutive of the republican ideal of freedom as non-domination. The book is also a critique of realism as a theory of international affairs and of the limits of reforming tyranny through the centralised agency of a state sovereign. Reversal of Indonesia's 1975 invasion of Timor-Leste was an implausible accomplishment. Among the things that achieved it was principled engagement with Indonesia and its democracy movement by the Timor resistance. Unprincipled engagement by Australia and the United States in particular allowed the 1975 invasion to occur. The book argues that when the international community regulates tyranny responsively, with principled engagement, there is hope for a domestic politics of nonviolent transformation for freedom and justice.



Genocide and Mass Atrocities in Asia

Genocide and Mass Atrocities in Asia Author Deborah Mayersen
ISBN-10 9781135047719
Release 2013-06-03
Pages 210
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The twentieth century has been labelled the ‘century of genocide’, and according to estimates, more than 250 million civilians were victims of genocide and mass atrocities during this period. This book provides one of the first regional perspectives on mass atrocities in Asia, by exploring the issue through two central themes. Bringing together experts in genocide studies and area specialists, the book looks at the legacy of past genocides and mass atrocities, with case studies on East Timor, Cambodia and Indonesia. It explores the enduring legacies of trauma and societal divisions, the complex and continuing impacts of past mass violence, and the role of transitional justice in the aftermath of mass atrocities in Asia. Understanding these complex legacies is crucial for the region to build a future that acknowledges the past. The book goes on to consider the prospects and challenges for preventing future mass atrocities in Asia, and globally. It discusses both regional and global factors that may impact on preventing future mass atrocities in Asia, and highlights the value of a regional perspective in mass atrocity prevention. Providing a detailed examination of genocide and mass atrocities through the themes of legacies and prevention, the book is an important contribution to Asian Studies and Security Studies.



Torture and Peacebuilding in Indonesia

Torture and Peacebuilding in Indonesia Author Budi Hernawan
ISBN-10 9781317290162
Release 2017-10-25
Pages 236
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State-sponsored torture and peacebuilding encapsulate the essence of many of the current conflicts in Indonesia. Papua in particular provides a thought-provoking example of the intricacy and complexity of building peace amidst enduring conflict and violence. This book examines the complex power relations that have constructed the gruesome picture of the fifty-year practice of torture in Papua, as well as the ongoing Papuan peacebuilding movements that resist the domineering power of the Indonesian state over Papuans. Conceptualising ‘theatres of torture and peace’, the book argues that torture in Papua is performed in public by the Indonesian state in order to communicate its policy of terror towards Papuans - it is not meant for extracting information, gaining confessions or exacting punishment. A Torture Dataset is provided, codifying evidence from a broad range of cases, collected through sensitive interviews. In examining the data, the author crafts a new, more holistic framework for analyzing cases of torture and employs an interdisciplinary approach integrating three different theories: Foucault’s theory of governmentality and sovereignty, Kristeva’s theory of abjection and Metz’s theory of memoria passionis (the memory of suffering). The book successfully establishes a new understanding of torture as ‘public theatre’ and offers a new perspective of strengthening the existing Papuan peacebuilding framework of Papua Land of Peace. It will be of interest to academics working on Southeast Asian Studies, Peace and Conflict Studies, Transitional Justice, Peacebuilding, Human Rights and Anthropology of Violence.



Politicising the Communist Past

Politicising the Communist Past Author Aleks Szczerbiak
ISBN-10 9781317580188
Release 2018-01-31
Pages 206
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Poland is a particularly interesting case of truth revelation and transitional justice in a post-communist country. This is because of the radical change of trajectory in its approach to dealing with the communist past, and the profound effect this had on Polish politics. The approach moved from 'communist-forgiving' in the early 1990s, to a mild law vetting individuals for their links with the communist-era security services at the end of the decade, through to a more radical vetting and opening up of the communist security service files in the mid-2000s. This book examines the detail of this changing approach. It explains why disagreements about transitional justice became so prominent, to the extent that they constituted one of the main causes of political divisions. It sets the Polish approach in the wider context of transitional justice and truth revelation, drawing out the lessons for newly emerging democracies, both in Eastern Europe and beyond.



Routledge Handbook of International Human Rights Law

Routledge Handbook of International Human Rights Law Author Scott Sheeran
ISBN-10 9781135055936
Release 2014-08-07
Pages 808
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The Routledge Handbook of International Human Rights Law provides the definitive global survey of the discipline of international human rights law. Each chapter is written by a leading expert and provides a contemporary overview of a significant area within the field. As well as covering topics integral to the theory and practice of international human rights law the volume offers a broader perspective though examinations of the ways in which human rights law interacts with other legal regimes and other international institutions, and by addressing the current and future challenges facing human rights. This highly topical collection of specially commissioned papers is split into four sections: The nature and evolution of international human rights law discussing the origins, theory and practice of the discipline. Interaction of human rights with other key regimes and bodies including the interaction of the discipline with international economic law, international humanitarian law, and development, as well as other legal regimes. Evolution and prospects of regional approaches to human rights discussing the systems of Europe, the Americas, Africa and South East Asia, and their relationship to the United Nations treaty bodies. Key contemporary challenges including non-State actors, religion and human rights, counter-terrorism, and enforcement and remedies. Providing up-to-date and authoritative articles covering key aspects of international human rights law, this book work is an essential work of reference for scholars, practitioners and students alike. Chapter 35 of this book is freely available as a downloadable Open Access PDF at www.tandfebooks.com/openaccess. It has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license.



Asian Cities Migrant Labor and Contested Spaces

Asian Cities  Migrant Labor and Contested Spaces Author Tai-Chee Wong
ISBN-10 9781136923784
Release 2010-09-13
Pages 312
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This volume explores how migration is playing a central role in the renewing and reworking of urban spaces in the fast growing and rapidly changing cities of Asia. Migration trends in Asia entered a new phase in the 1990s following the end of the Cold War which marked the advent of a renewed phase of globalization. Cities have become centrally implicated in globalization processes and, therefore, have become objects and sites of intense study. The contributors to this book reflect on the impact and significance of migration with a particular focus on the contested spaces that are emerging in urban contexts and the economic, social, religious and cultural domains with which they intersect. They also examines the roles and effects of different forms of migration in the cauldron of urban change, from low-skilled domestic migrants who maintain a close engagement with their rural homes, to highly skilled/professional transnational migrants, to legal and illegal international migrants who arrive with the hope of transforming their livelihoods. Providing a mosaic of insights into the links between migration, marginalization and contestation in Asia’s urban contexts, Asian Cities, Migrant Labor and Contested Spaces will be of interest to students and scholars of Asian studies, migration studies, urban studies and human geography.



Between Justice and Stability

Between Justice and Stability Author Dr Mladen Ostojic
ISBN-10 9781409467441
Release 2014-09-28
Pages 264
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Exploring the impact of the International Criminal Tribunal (ICTY) on regime change in Serbia, this book examines the relationship between international criminal justice and democratisation. It analyses in detail the repercussions of the ICTY on domestic political dynamics and provides an explanatory account of Serbia’s transition to democracy. Lack of cooperation and compliance with the ICTY was one of the biggest obstacles to Serbia’s integration into Euro-Atlantic political structures following the overthrow of Milošević. By scrutinising the attitudes of the Serbian authorities towards the ICTY and the prosecution of war crimes, Ostojić explores the complex processes set in motion by the international community’s policies of conditionality and by the prosecution of the former Serbian leadership in The Hague. Drawing on a rich collection of empirical data, he demonstrates that the success of international judicial intervention is premised upon democratic consolidation and that transitional justice policies are only ever likely to take root when they do not undermine the stability and legitimacy of political institutions on the ground.



Gender in Human Rights and Transitional Justice

Gender in Human Rights and Transitional Justice Author John Idriss Lahai
ISBN-10 9783319542027
Release 2017-08-10
Pages 272
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This volume counters one-sided dominant discursive representations of gender in human rights and transitional justice, and women’s place in the transformations of neoliberal human rights, and contributes a more balanced examination of how transitional justice and human rights institutions, and political institutions impact the lives and experiences of women. Using a multidisciplinary approach, the contributors to this volume theorize and historicize the place of women’s rights (and gender), situating it within contemporary country-specific political, legal, socio-cultural and global contexts. Chapters examine the progress and challenges facing women (and women’s groups) in transitioning countries: from Peru to Argentina, from Kenya to Sierra Leone, and from Bosnia to Sri Lanka, in a variety of contexts, attending especially to the relationships between local and global forces



Timor Leste

Timor Leste Author Andrea Katalin Molnar
ISBN-10 9781135228842
Release 2009-12-17
Pages 224
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This book provides a comprehensive country overview of Southeast Asia’s newest nation, Timor Leste (East Timor). This book focuses on its cultural and ethno-linguistic diversity, and its political history from the pre-Portuguese period up to 2009. The book pays particular attention to the historical roots of the current challenges to nation-building by reviewing the Indonesian occupation; guerrilla warfare by the Timorese against the occupiers; the politics leading up to the United Nations’ popular consultation and the vote for independence in 2002. Explaining the structure of the government and its parliamentary system, this book highlights the problems and historical and cultural underpinnings of the challenges Timor Leste faces in building a stable viable nation. The author presents a synopsis of selected issues including: language, truth and reconciliation, the Catholic Church’s political activism, internal security problems, the ‘politics of oil’, and the fact that violent conflicts, from 2005 to date, have made it necessary for the United Nation’s peacekeeping forces to return. Thus far, the book argues, Timor Leste’s nation-building efforts have been hampered by the dynamic interaction of number of national and international factors. The first comprehensive political and cultural history of East Timor to date, this book fills a gap and will be an important single reference resource for students and researchers in the field of Southeast Asian Studies, Anthropology and Political Science.



Transitional Justice in the Asia Pacific

Transitional Justice in the Asia Pacific Author Renee Jeffery
ISBN-10 9781107040373
Release 2013-11-11
Pages 311
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This is the first book to provide an overview of the processes and practices of transitional justice in the Asia-Pacific region.



Responding to the West

Responding to the West Author Hans Hägerdal
ISBN-10 9789089640932
Release 2009
Pages 181
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The international contributors to this penetrating volume apply fresh perspectives and new methodologies to the Asian colonial experience, from the eighteenth century through the post World War II decolonization. Historiography, gender, military studies, finance, and issues of race and class all feature in this wide-ranging account of the diversity of human relationships forged by the colonial presence. For all of its features of structural oppression, colonialism was not a one-way communicative process, as this volume demonstrates through its analysis of the ever-shifting roles of colonizer and colonized.



The Universal Periodic Review of Southeast Asia

The Universal Periodic Review of Southeast Asia Author James Gomez
ISBN-10 9789811062261
Release 2017-11-14
Pages 229
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The research presented in this book provides a stakeholder analysis of human rights protection at a time when the region appears to be regressing into an insidious and deep authoritarianism. As political space shrinks in Southeast Asia, the book provides an insight into how civil society engaged with the Universal Periodic Review (UPR) of the United Nations Human Rights Council during the first (2008-2011) and second (2012-2016) cycles. Through evidence-based research, the authors in this volume identify gaps in human rights reporting and advocacy during the UPR, notably on civil and political issues such as the right to life, freedom of expression, freedom of religion and belief, extrajudicial killings, arbitrary detention and claims for greater autonomy. In short, The Universal Periodic Review of Southeast Asia: Civil Society Perspectives, highlights the need for more engagement on civil and political issues during the third cycle of the UPR in 2017-2020. Failing this, the UPR process risks being reduced to a platform where civil society only engages on issues that States are willing to cooperate on. If this is the case, Southeast Asia's democratic transition will suffer a long term set back.



Hybridity on the Ground in Peacebuilding and Development

Hybridity on the Ground in Peacebuilding and Development Author Joanne Wallis
ISBN-10 9781760461843
Release 2018-03
Pages 350
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Hybridity on the Ground in Peacebuilding and Development engages with the possibilities and pitfalls of the increasingly popular notion of hybridity. The hybridity concept has been embraced by scholars and practitioners in response to the social and institutional complexities of peacebuilding and development practice. In particular, the concept appears well-suited to making sense of the mutually constitutive outcomes of processes of interaction between diverse norms, institutions, actors and discourses in the context of contemporary peacebuilding and development engagements. At the same time, it has been criticised from a variety of perspectives for overlooking critical questions of history, power and scale. The authors in this interdisciplinary collection draw on their in‑depth knowledge of peacebuilding and development contexts in different parts of Asia, the Pacific and Africa to examine the messy and dynamic realities of hybridity ‘on the ground’. By critically exploring the power dynamics, and the diverse actors, ideas, practices and sites that shape hybrid peacebuilding and development across time and space, this book offers fresh insights to hybridity debates that will be of interest to both scholars and practitioners. ‘Hybridity has become an influential idea in peacebuilding and this volume will undoubtedly become the most influential collection on the idea. Nuance and sophistication characterises this engagement with hybridity.’ — Professor John Braithwaite



Land and Life in Timor Leste

Land and Life in Timor Leste Author Andrew McWilliam
ISBN-10 9781921862601
Release 2011-12-01
Pages 264
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Following the historic 1999 popular referendum, East Timor emerged as the first independent sovereign nation of the 21st Century. The years since these momentous events have seen an efflorescence of social research across the country drawn by shared interests in the aftermath of the resistance struggle, the processes of social recovery and the historic opportunity to pursue field-based ethnography following the hiatus of research during 24 years of Indonesian rule (1975-99). This volume brings together a collection of papers from a diverse field of international scholars exploring the multiple ways that East Timorese communities are making and remaking their connections to land and places of ancestral significance. The work is explicitly comparative and highlights the different ways Timorese language communities negotiate access and transactions in land, disputes and inheritance especially in areas subject to historical displacement and resettlement. Consideration is extended to the role of ritual performance and social alliance for inscribing connection and entitlement. Emerging through analysis is an appreciation of how relations to land, articulated in origin discourses, are implicated in the construction of national culture and differential contributions to the struggle for independence. The volume is informed by a range of Austronesian cultural themes and highlights the continuing vitality of customary governance and landed attachment in Timor-Leste.



From War to the Rule of Law

From War to the Rule of Law Author J. J. C. Voorhoeve
ISBN-10 9789053568675
Release 2007
Pages 203
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As recent events in Iraq demonstrate, countries that have suffered civil war or rule by military regime can face a long, difficult transition to peaceful democracy. Drawing on the experiences of Bosnia, Haiti, Rwanda and Afghanistan, this outstanding volume demonstrates that newly emerging democracies need more than emergency economic support: restoring the rule of law can involve the training of a new police force, for example, or the creation of an international war crimes tribunal. Concluding with specific recommendations for the UN and EU members, Voorhoeve reminds us that disregard for human rights or delay in civilian reconciliation can lead to resurgences of violence.