This is a comprehensive study of reparation programmes, containing a blend of case-study analysis, thematic papers and national legislation documents from leading scholars and practitioners.

Provides an original approach to the emerging practice of reparations for international crimes and a fresh analysis of the recent jurisprudence at the International Criminal Court.

Leading legal, political and moral theorists discuss the normative issues that arise when war concludes and when a society strives to regain peace.

Transitional Justice Theories is the first volume to approach the politically sensitive subject of post-conflict or post-authoritarian justice from a theoretical 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 ranging from normative theory to critical theory. In their individual chapters, the authors explore the concept of transitional justice itself and its foundations, 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.

Reparations for Victims of Genocide, War Crimes and Crimes Against Humanity: Systems in Place and Systems in the Making provides a rich tapestry of practice in the complex and evolving field of reparations, which cuts across law, politics, psychology and victimology, among other disciplines. Ferstman and Goetz bring their long experiences with international organizations and civil society groups to bear. This second edition, which comes a decade after the first, contains updated information and many new chapters and reflections from key experts. It considers the challenges for victims to pursue reparations, looking from multiple angles at the Holocaust restitution movement and more recent cases in Europe, Asia, Africa, and the Americas. It also highlights the evolving practice of international courts and tribunals. First published in a hardbound edition, this second, fully revised and updated edition, is now available in paperback.

This book analyses the use of the expression 'serious violations of human rights', and similar ones, such as 'gross' or 'grave', in international practice. It highlights some of the recurring responses and consequences to such violations and suggests that a new special regime - eponymous to the above-mentioned expression - was formed. This special regime is understood as substantively limited to a very specific issue-area of human rights violations. Within this regime, a series of monitoring mechanisms and procedures are in place to highlight, document, and record such violations; specific measures are taken to enforce compliance; and certain consequences arise focused on remedying the victims of such violations. As such, this special regime is comprised of at least four thinly interconnected components: the substantive, the monitoring, the enforcement, and the remedial ones. This monograph constitutes a first step towards the recognition of such a regime, allowing far more constructive and coherent elaboration in the future. Practice around this category of violations may well evolve in a different direction than the one suggested here. However, what becomes apparent from this work is that the serious violations of human rights are a key notion in the international legal order as it allows the international community to depict those factual situations requiring its attention and action.

This book presents the key issues, debates, concepts, approaches, and questions that together define the lives of rural people living in extreme poverty in the aftermath of political violence in a developing country context. Divided into nine chapters, the book addresses issues such as the complexities of human suffering, losing trust, psychic wounds, dealing with post-traumatic stress situations, and disillusionment after change. By building knowledge about human and social suffering in a post-conflict environment, the book counters the objectification of human and social suffering and the moral detachment with which it is associated. In addition, it presents practical ways to help make things better. It discusses new methodological concepts based around empathy and participation to show how the subjective reality of human and social suffering matter. Finally, the book maps a burgeoning field of enquiry based around the need for linking psychosocial approaches with the actual lived experience of individuals and groups.

This interdisciplinary volume aims to understand the linkages between the origins and aftermaths of genocide. Exploring social dynamics and human behaviour, this collection considers the interplay of various psychological, political, anthropological and historical factors at work in genocidal processes.

From the 'transatlantic slave trade' to the maangamizi -- The maangamizi and the making of international law -- Adjudicating the 'past' : the impact of time on reparability -- Towards a theory of reparatory justice -- Expanding understandings of reparatory justice through multiple modalities of redress --The causal chains connecting historical enslavement and contemporary redress -- Reparatory justice in transition.

This book explores pathways to redress for main groups of victims/survivors of the 1992-5 Bosnian war —families of missing persons, victims of torture, survivors of sexual violence, and victims suffering physical disabilities and harm. The author traces the history of redress-making for each of these groups and shows how differently they have been treated by Bosnian authorities at the state and subnational level. In Bosnia and Herzegovina, thousands of war victims have had to suffer re-traumatising ordeals in order to secure partial redress for their suffering during 1992–1995 and after. While some, such as victims of sexual violence, have been legally recognised and offered financial and service-based compensation, others, such as victims of torture, have been recognized only recently with a clear geographical limitation. The main aim of the book is to explore the politics behind recognizing victimhood and awarding redress in a country that has been divided by instrumentalized identity cleavages, widespread patronage and debilitating war legacies. It shows how war victims/survivors navigate such fragmented and challenging public landscape in order to secure their rights.