Transitional Justice and the ‘Disappeared’ of Northern Ireland

Transitional Justice and the ‘Disappeared’ of Northern Ireland

Author: Lauren Dempster

Publisher: Routledge

Published: 2019-06-11

Total Pages: 223

ISBN-13: 1351239368

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This book employs a transitional justice lens to address the ‘disappearances’ that occurred during the Northern Ireland conflict – or ‘Troubles’ – and the post-conflict response to these ‘disappearances.’ Despite an extensive literature around ‘dealing with the past’ in Northern Ireland, as well as a substantial body of scholarship on ‘disappearances’ in other national contexts, there has been little scholarly scrutiny of ‘disappearances’ in post-conflict Northern Ireland. Although the Good Friday Agreement brought relative peace to Northern Ireland, no provision was made for the establishment of some form of overarching truth and reconciliation commission aimed at comprehensively addressing the legacy of violence. Nevertheless, a mechanism to recover the remains of the ‘disappeared’ – the Independent Commission for the Location of Victims’ Remains (ICLVR) – was established, and has in fact proven to be quite effective. As a result, the reactions of key constituencies to the ‘disappearances’ can be used as a prism through which to comprehensively explore issues of relevance to transitional justice scholars and practitioners. Pursuing an interdisciplinary approach, and based on extensive empirical research, this book provides a multifaceted exploration of the responses of these constituencies to the practice of ‘disappearing.’ It engages with transitional justice themes including silence, memory, truth, acknowledgement, and apology. Key issues examined include the mobilisation efforts of families of the ‘disappeared,’ efforts by a (former) non-state armed group to address its legacy of violence, the utility of a limited immunity mechanism to incentivise information provision, and the interplay between silence and memory in the shaping of a collective, societal understanding of the ‘disappeared.’


Beyond Transitional Justice

Beyond Transitional Justice

Author: Matthew Evans

Publisher: Routledge

Published: 2022-04-06

Total Pages: 85

ISBN-13: 1000564789

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Beyond Transitional Justice reflects upon the state of the field (or non-field) of transitional justice in the current conjuncture, as well as identifying new possibilities and challenges in the fields with which transitional justice overlaps (such as human rights, peacebuilding, and development). Chapters intervene at the cutting edge of contemporary transitional justice research, addressing key theoretical and empirical questions and covering critical, international, interdisciplinary, theoretical, and practice-oriented content. In particular, the notion of transformative justice is discussed in light of the emerging scholarship defining and applying this concept as either an approach within or an alternative to transitional justice. The book considers the extent to which transformative justice as a concept adds value to scholarship on transitional justice and related areas and asks what the future might hold for this area as a field – or non-field. A timely intervention, Beyond Transitional Justice is ideal reading for scholars and students in the fields of human rights, peace and conflict studies, international law, critical legal theory, development studies, criminology, and victimology.


Northern Ireland after the troubles

Northern Ireland after the troubles

Author: Colin Coulter

Publisher: Manchester University Press

Published: 2013-01-18

Total Pages: 424

ISBN-13: 1847794882

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In the last generation, Northern Ireland has undergone a tortuous yet remarkable process of social and political change. This collection of essays aims to capture the complex and shifting realities of a society in the process of transition from war to peace. The book brings together commentators from a range of academic backgrounds and political perspectives. As well as focusing upon those political divisions and disputes that are most readily associated with Northern Ireland, it provides a rather broader focus than is conventionally found in books on the region. It examines the cultural identities and cultural practices that are essential to the formation and understanding of Northern Irish society but are neglected in academic analyses of the six counties. While the contributors often approach issues from rather different angles, they share a common conviction of the need to challenge the self-serving simplifications and choreographed optimism that frequently define both official discourse and media commentary on Northern Ireland. Taken together, the essays offer a comprehensive and critical account of a troubled society in the throes of change.


Transitional Justice in Latin America

Transitional Justice in Latin America

Author: Elin Skaar

Publisher: Routledge

Published: 2016-10-27

Total Pages: 353

ISBN-13: 1317526201

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This book addresses current developments in transitional justice in Latin America – effectively the first region to undergo concentrated transitional justice experiences in modern times. Using a comparative approach, it examines trajectories in truth, justice, reparations, and amnesties in countries emerging from periods of massive violations of human rights and humanitarian law. The book examines the cases of Argentina, Brazil, Chile, Colombia, Guatemala, El Salvador, Paraguay, Peru and Uruguay, developing and applying a common analytical framework to provide a systematic, qualitative and comparative analysis of their transitional justice experiences. More specifically, the book investigates to what extent there has been a shift from impunity towards accountability for past human rights violations in Latin America. Using ‘thick’, but structured, narratives – which allow patterns to emerge, rather than being imposed – the book assesses how the quality, timing and sequencing of transitional justice mechanisms, along with the context in which they appear, have mattered for the nature and impact of transitional justice processes in the region. Offering a new approach to assessing transitional justice, and challenging many assumptions in the established literature, this book will be of enormous benefit to scholars and others working in this area.


Grassroots Activism and the Evolution of Transitional Justice

Grassroots Activism and the Evolution of Transitional Justice

Author: Iosif Kovras

Publisher: Cambridge University Press

Published: 2017-04-19

Total Pages: 305

ISBN-13: 1316738930

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The families of the disappeared have long struggled to uncover the truth about their missing relatives. In so doing, their mobilization has shaped central transitional justice norms and institutions, as this ground-breaking work demonstrates. Kovras combines a new global database with the systematic analysis of four challenging case studies - Lebanon, Cyprus, South Africa and Chile - each representative of a different approach to transitional justice. These studies reveal how variations in transitional justice policies addressing the disappeared occur: explaining why victims' groups in some countries are caught in silence, while others bring perpetrators to account. Conceiving of transitional justice as a dynamic process, Kovras traces the different phases of truth recovery in post-transitional societies, giving substance not only to the 'why' but also the 'when' and 'how' of this kind of campaign against impunity. This book is essential reading for all those interested in the development of transitional justice and human rights.


Transitional Justice and Legacies of State Violence

Transitional Justice and Legacies of State Violence

Author: Lisa White

Publisher: Routledge

Published: 2015-03-05

Total Pages: 217

ISBN-13: 1135981175

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As politicians, public bodies and non-Governmental organisations continue to profess an interest in making peace with the past, this highly original study explores the motivation, significance and legacy of ‘making public’ experiences of state violence in Northern Ireland. Based on a synthesis of documentary material with the findings from a series of contemporary interviews, this timely book uncovers the reasoning behind many Republican former detainees’ accounts of state violence and torture. It examines the aims of those who ‘went public’ during the conflict and discusses the meaning they attached to their stories and the various responses to them. It also identifies some of the risks involved in criticising the violence of the British State and illuminates the ways in which ‘truths’ are often contested in Northern Ireland - both during the conflict and in the years which have followed. A unique piece of interdisciplinary work, the study disentangles and evaluates the discourses presented by former detainees and makes an innovative and interesting contribution to knowledge about transitional justice and legacies of state violence. The book is suitable for social science scholars interested in human rights, state violence, criminology and transitional justice, as well as those seeking to understand more about experiences of imprisonment and the legacy of the Northern Ireland conflict.


Truth, Denial and Transition

Truth, Denial and Transition

Author: Cheryl Lawther

Publisher: Routledge

Published: 2018-10-08

Total Pages: 224

ISBN-13: 1317755502

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Truth, Denial and Transition: Northern Ireland and the Contested Past makes a unique and timely contribution to the transitional justice field. In contrast to the focus on truth and those societies where truth recovery has been central to dealing with the aftermath of human rights violations, comparatively little scholarly attention has been paid to those jurisdictions whose transition from violent conflict has been marked by the absence or rejection of a formal truth process. This book draws upon the case study of Northern Ireland, where, despite a lengthy debate, the question of establishing a formal truth recovery process remains hotly contested. The strongest and most vocal opposition has been from unionist political elites, loyalist ex-combatants and members of the security forces. Based on empirical research, their opposition is unpicked and interrogated at length throughout this book. Critically exploring notions of national imagination and blamelessness, the politics of victimhood and the tension between traditions of sacrifice and the fear of betrayal, this book is the first substantive effort to concentrate on the opponents of truth recovery rather than its advocates. This book will interest those studying truth processes and transitional justice in the fields of Law, Politics, and Criminology.


Justice in Conflict

Justice in Conflict

Author: Mark Kersten

Publisher: Oxford University Press

Published: 2016-08-04

Total Pages: 273

ISBN-13: 0191082945

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What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocities accountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes. While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions in Libya, northern Uganda - and beyond.


Truth, Denial and Transition

Truth, Denial and Transition

Author: Cheryl Lawther

Publisher: Routledge

Published: 2018-10-08

Total Pages: 217

ISBN-13: 1317755510

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Truth, Denial and Transition: Northern Ireland and the Contested Past makes a unique and timely contribution to the transitional justice field. In contrast to the focus on truth and those societies where truth recovery has been central to dealing with the aftermath of human rights violations, comparatively little scholarly attention has been paid to those jurisdictions whose transition from violent conflict has been marked by the absence or rejection of a formal truth process. This book draws upon the case study of Northern Ireland, where, despite a lengthy debate, the question of establishing a formal truth recovery process remains hotly contested. The strongest and most vocal opposition has been from unionist political elites, loyalist ex-combatants and members of the security forces. Based on empirical research, their opposition is unpicked and interrogated at length throughout this book. Critically exploring notions of national imagination and blamelessness, the politics of victimhood and the tension between traditions of sacrifice and the fear of betrayal, this book is the first substantive effort to concentrate on the opponents of truth recovery rather than its advocates. This book will interest those studying truth processes and transitional justice in the fields of Law, Politics, and Criminology.


Post-Conflict Hauntings

Post-Conflict Hauntings

Author: Kim Wale

Publisher: Springer Nature

Published: 2020-07-02

Total Pages: 391

ISBN-13: 3030390772

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This book engages the globally pressing question of how to live and work with the haunting power of the past in the aftermath of mass violence. It brings together a collection of interdisciplinary contributions to reflect on the haunting of post-conflict memory from the perspective of diverse country case studies including South Africa, Rwanda, Zimbabwe, Northern Ireland, North and South Korea, Palestine and Israel, America and Australia. Contributions offer theoretical, empirical and practical insights on the nature of historical trauma and practices of collective healing and repair that include embodied, artistic and culturally relevant forms of wisdom for dealing with the past. While this question has traditionally been explored through the lens of trauma studies in relation to the post-Holocaust experience, this book provides new understandings from a variety of different historical contexts and disciplinary perspectives. Its chapters draw on, challenge and expand the trauma concept to propose more contextually relevant frameworks for transforming haunted memory in the aftermath of historical trauma.