The Development of Institutions of Human Rights

This volume analyzes the transitional justice choices made by four countries: Argentina, Bosnia-Herzegovina (BiH), Sierra Leone and East Timor, with a chapter for each country which provides a historical overview concerning the causes of the conflict and two subsequent chapters which highlight a different method of transitional justice implemented.

During the transition to democracy, states have used various mechanisms to address previous human rights abuses including 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.

"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

Autorentext

LILIAN A. BARRIA is an Assistant Professor of Political Science at Eastern Illinois University, USA and a Visiting Assistant Professor in the School of Foreign Service in Qatar at Georgetown University.

STEVEN D. ROPER is an Associate Professor of Political Science at Eastern Illinois University, USA and a Visiting Associate Professor in the School of Foreign Service in Qatar at Georgetown University.

Inhalt
PART I: INTRODUCTION Mechanisms of Transitional Justice; L.A.Barria & S.D.Roper PART II: ARGENTINA Argentina's Proceso: Societal Reform through Premeditated Terror; T.Wilson Successes and Limitations of the CONADEP Experience in the Determination of Responsibilities for Human Rights Violations in Argentina; E.Crenzel Recalling the Legacy of the 1985 Trial of the Military in Argentina; M.Di Paolantonio PART III: BOSNIA-HERZEGOVINA Violence Born of History/History Born of Violence: A Brief Context for Understanding the Bosnian War; C.M.Morus Transitional Justice in Bosnia: The International Criminal Tribunal for the Former Yugoslavia; J.N.Clark Home Court Advantage? Domestic Trials and Transitional Justice in Bosnia-Herzegovina; R.M.Lowry & P.C.McMahon PART IV: SIERRA LEONE Genesis of the Sierra Leone Conflict and Its Human Rights Violations; A.K.Mboka The Truth and Reconciliation Commission as a Transitional Justice Mechanism in Sierra Leone; Z.Dugal The Special Court of Sierra Leone: A Hybrid Court or Poorly Conceived International Court?; E.E.Stensrud PART V: EAST TIMOR East Timor and the Struggle for Independence; C.Fernandes Promoting Human Rights through Hybrid Courts: The Serious Crimes Process in East Timor; J.DeShaw Rae Unfinished Business: The Commission for Reception, Truth and Reconciliation in East Timor; W.Lambourne PART VI: CONCLUSION Comparing Mechanisms of Transitional Justice; S.D.Roper & L.A.Barria