Building A Future On Peace And Justice

Results of the 2007 Nuremberg Conference on Peace and Justice: Tensions between peace and justice have long been debated by scholars, practitioners and agencies including the United Nations, and both theory and policy must be refined for very practical application in situations emerging from violent conflict or political repression. Specific contexts demand concrete decisions and approaches aimed at redress of grievance and creation of conditions of social justice for a non-violent future. There has been definitive progress in a world in which blanket amnesties were granted at times with little hesitation. There is a growing understanding that accountability has pragmatic as well as principled arguments in its favour. Practical arguments as much as shifts in the norms have created a situation in which the choice is increasingly seen as "which forms of accountability" rather than a stark choice between peace and justice. It is socio-political transformation, not just an end to violence, that is needed to build sustainable peace. This book addresses these dilemmas through a thorough overview of the current state of legal obligations; discussion of the need for a holistic approach including development; analysis of the implications of the coming into force of the ICC; and a series of "hard" case studies on internationalized and local approaches devised to navigate the tensions between peace and justice.

Bringing together leading scholars and practitioners from the worlds of leadership, followership, transitional justice, and international law, this research provides a blueprint of how people-led, bottom-up, grassroots efforts can foster reconciliation and a more peaceful world.

This book details how interested parties can, must and are getting ahead of the curve to promote peace, provide access to justice and build accountable institutions for all. It envisions a hopeful future in which the impacts of SDG16 are likely to be far more positive, transformational, and visible much more quickly, than we might have imagined.

In this work, two former State Department lawyers provide an account of how and why justice was misapplied and mishandled throughout the peace-builders' efforts to settle the Yugoslav conflict. The text is based on their personal experience, research and interviews with key players in the process.

An in-depth and interdisciplinary analysis of the politics and practice of the International Criminal Court. This title is also available as Open Access.

Just War has attracted considerable attention. The words peace and justice are often used together. Surprisingly, however, little conceptual thinking has gone into what constitutes a Just Peace. This book, which includes some of the world's leading scholars, debates and develops the concept of Just Peace. The problem with the idea of a Just Peace is that striving for justice may imply a Just War. In other words, peace and justice clash at times. Therefore, one often starts from a given view of what constitutes justice, but this a priori approach leads - especially when imposed from the outside - straight into discord. This book presents conflicting viewpoints on this question from political, historical, and legal perspectives as well as from a policy perspective. The book also argues that Just Peace should be defined as a process resting on four necessary and sufficient conditions: thin recognition whereby the other is accepted as autonomous; thick recognition whereby identities need to be accounted for; renouncement, requiring significant sacrifices from all parties; and finally, rule, the objectification of a Just Peace by a "text" requiring a common language respecting the identities of each, and defining their rights and duties. This approach based on a language-oriented process amongst directly concerned parties, goes beyond liberal and culturalist perspectives. Throughout the process, negotiators need to build a novel shared reality as well as a new common language allowing for an enduring harmony between previously clashing peoples. It challenges a liberal view of peace founded on norms claiming universal scope. The liberal conception has difficulty in solving conflicts such as civil wars characterized typically by fundamental disagreements between different communities. Cultures make demands that are identity-defining, and some of these defy the "cultural neutrality" that is one of the foundations of liberalism. Therefore, the concept of Just Peace cannot be solved within the liberal tradition.

Transparency is a fundamental principle of justice. A cornerstone of the rule of law, it allows for public engagement and for democratic control of the decisions and actions of both the judiciary and the justice authorities. This book looks at the question of transparency within the framework of transitional justice. Bringing together scholars from across the disciplinary spectrum, the collection analyses the issue from socio-legal, cultural studies and practitioner perspectives. Taking a three-part approach, it firstly discusses basic principles guiding justice globally before exploring courts and how they make justice visible. Finally, the collection reviews the interface between law, transitional justice institutions and the public sphere.