This book addresses the theoretical underpinnings of the field of transitional justice, something that has hitherto been lacking both in study and practice. With the common goal of clarifying some of the theoretical profiles of transitional justice strategies, the study is organized along crucial intersections evaluating aspects connected to the genealogy, the nature, the scope and the most appropriate methodology for the study of transitional justice. The chapters also take up normative and political considerations pertaining to specific transitional instruments such as war crime tribunals, truth commissions, administrative purges, reparations, and historical commissions. Bringing together some of the most original writings from established experts as well as from promising young scholars in the field, the collection will be an essential resource for researchers, academics and policy-makers in Law, Philosophy, Politics, and Sociology.

What if we could change the conditions in post-conflict/post-authoritarian countries to make transitional justice work better? This book argues that if the context in countries in need of transitional justice can be ameliorated before processes of transitional justice are established, they are more likely to meet with success. As the contributors reveal, this can be done in different ways. At the attitudinal level, changing the broader social ethos can improve the chances that societies will be more receptive to transitional justice. At the institutional level, the capacity of mechanisms and institutions can be strengthened to offer more support to transitional justice processes. Drawing on lessons learned in Colombia, Democratic Republic of the Congo, The Gambia, Lebanon, Palestine, and Uganda, the book explores ways to better the conditions in post-conflict/post-authoritarian countries to improve the success of transitional justice.

The Oxford Handbook of International Legal Theory provides an accessible and authoritative guide to the major thinkers, concepts, approaches, and debates that have shaped contemporary international legal theory. The Handbook features 48 original essays by leading international scholars from a wide range of traditions, nationalities, and perspectives, reflecting the richness and diversity of this dynamic field. The collection explores key questions and debates in international legal theory, offers new intellectual histories for the discipline, and provides fresh interpretations of significant historical figures, texts, and theoretical approaches. It provides a much-needed map of the field of international legal theory, and a guide to the main themes and debates that have driven theoretical work in international law. The Handbook will be an indispensable reference work for students, scholars, and practitioners seeking to gain an overview of current theoretical debates about the nature, function, foundations, and future role of international law.

As a conflict ends and the parties begin working towards a durable peace, practitioners and peacebuilders are faced with the thrilling possibilities and challenges of building new or reformed political, security, judicial, social, and economic structures. This Handbook analyzes these elements of post-conflict state building through the lens of international law, which provides a framework through which the authors contextualize and examine the many facets of state building in relation to the legal norms, processes, and procedures that guide such efforts across the globe. The volume aims to provide not only an introduction to and explanation of prominent topics in state building, but also a perceptive analysis that augments ongoing conversations among researchers, lawyers, and advocates engaged in the field.

This War Report provides detailed information on every armed conflict which took place during 2014, offering an unprecedented overview of the nature, range, and impact of these conflicts and the legal issues they created. In Part I the Report describes its criteria for the identification and classification of armed conflicts under international law, and the legal consequences that flow from this classification. It sets out a list of armed conflicts in 2014, categorising each as international, non-international, or a military occupation, with estimates of civilian and military casualties. In Part II, each of these conflicts are examined in more detail, with an overview of the belligerents, means and methods of warfare, the applicable treaties and rules, and any prosecutions for, investigations into, or robust allegations of war crimes. Part III of the Report provides detailed thematic analysis of key legal developments which arose in the context of these conflicts, allowing for a more in-depth reflection on cross-cutting questions and controversies. The Report gives a full and accessible overview of armed conflicts in 2014. It should be the first port of call for everyone working in the field.

Zusammenfassung: The books aims to discuss and present an alternative epistemology of human rights, against the background of the globalization from below. The interdependent network of transnational networks, ranging from social movements, NGOs, and other groupings, questions the neoliberal paradigm and a particular set of human rights. This book wishes to transform this discourse on human rights and amplify the subaltern voices. The book also aims to highlight alternative practices of freedom that decenter human rights as a liberation discourse. Following Julia Suarez-Krabbe in "Race, Rights and Rebels", the authors aim to amend to practices of freedom that center different orders of knowledge on subjectivity and agency. The proposed book, first, situates the problem of representation of the marginalized voices in contemporary legal and political discourse. Second, it offers critiques in theory, and, third, followed by alternative practices that emanate from marginalized localities. In particular, this book wishes to reflect upon alternatives rooted in legal and non-legal responses to address human rights grievances. In the end, this book envisages, along the lines of Frantz Fanon, to vision the possibility of the human by a new concept, addressing the concerns in various ways: As Fanon argued for "a new start", "a new way of thinking", and for the creation of a "new man", it is pertinent to trigger a human rights project from the below

This book investigates how effective human rights and the inherent dignity of refugees can be secured in situations of protracted exile and encampment. The book deploys an innovative human rights-based capabilities approach to address fundamental questions relating to law, power, governance, responsibility, and accountability in refugee camps. Adopting an original theoretical framework, the author demonstrates that legal empowerment can change the distribution of power in a given refugee situation, facilitating the exercise of individual agency and assisting in the reform of the opportunity structure available to the individual. Thus, by helping to increase the capability of refugees to participate actively in the decisions that most affect their core rights and interests, participatory approaches to legal empowerment can also assist in securing other capabilities, ultimately ensuring that refugees are able to live dignified lives while in protracted exile. Ultimately, the book demonstrates that legal empowerment of refugees can bring lasting benefits in establishing trust between refugees, the state, and local communities. It will be of interest to researchers within the fields of refugee studies, international law, development studies, and political science, as well as to policy-makers and practitioners working in the fields of refugee assistance and humanitarian intervention.

This book argues that understanding truces is crucial for our ability to wind down wars. We have paid too much attention to the idea of permanent peace, yet few conflicts end in this way. The book describes how truce makers think, which truces can be morally justified and provides a philosophical history of truce making in the Western tradition.

Analyses the social imaginary of undoing, repair and return underpinning the international norm of restitution-makingApproaches restitution not just as a legal norm of property return, but as a social imaginary and a cultural-psychoanalytic 'scene' of undoing, repair and returnBrings together philosophic-political, socio-legal and cultural-psychoanalytic approaches to the study of restitutionOutlines a heterogeneous and multifaceted idea of restitution emergent in modernity, and looks at the peripheries of the modern restitutive tradition in the search for alternatives and counter-traditionsThis book takes a unique approach grounded in political and cultural discourse to develop a political theory of restitution. Challenging assumptions about restitution in the Western legal and political tradition, where it has become nearly synonymous with reacquisition and where legal studies focus on material objects and claims to their ownership, Zolkos argues that the development of restitutive norms has been auxiliary to the emergence of modern state sovereignty, and excavates the restitutive tradition's mythical-religious substrate. Bringing together texts from within and outwith the Western canon of political theory and philosophy, including the writings of Grotius, Durkheim, Freud, and Klein, as well as Mary Shelley's Frankenstein, the book undertakes a dual task: reading literary texts as a political theorising of restitution, and reading political or sociological texts as literary narratives with distinctive 'restitutive tropes' of repair, undoing and return.

This book, sponsored by the Academic Alliance for Reconciliation Studies in the Middle East and North Africa (AARMENA), focuses on peacebuilding, conflict transformation, and shifts toward approaching the reconciliation process as an inter-, trans- and multidisciplinary field. The research presented in the series focuses on the Middle East and North Africa, highlighting contributions by practitioners and scholars alike. This volume showcases research on Heritage, Reconciliation, and Social Inclusion in the Middle East and North Africa. It reflects various inter-, trans- and multidisciplinary approaches applied both theoretically and practically, and explores conflict transformation and transitional shifts towards peacebuilding and reconciliation in the MENA (Middle East and North Africa) region. The content is divided into five sections, the first of which examines the importance of reconciliation, peacebuilding, and social inclusion in contributions by experts in the field such as Martin Leiner, Wolfgang Dietrich, Mohammad Abu Nimer, Mohmmad Alshraideh and Iyad Aldajani. The second and third section explore digital humanities and the research sciences respectively, while the fourth turns to practices of heritage and reconciliation. The fifth section presents case studies on practices, conducted by expert researchers for heritage, reconciliation, and social inclusion in higher education.