Hasil Pencarian  ::  Simpan CSV :: Kembali

"At the end of world war II the allies faced a threefold challenge: how to punish perpetrators of appalling crimes for which the categories of genocide and crimes against humanity had to be coined; how to explain that these had been committed by Germany, of all nations; and how to reform Germans. The answer to this triple conundrum was the application of historical reasoning to legal procedure. In the Nuremberg trials held between 1945 and 1949, a concerted effort was made to punish key perpetrators while at the same time analysing the Nazi state and recounting German history. Building on a long debate about Germanys divergence from a presumed Western path of development, Allied prosecutors sketched out how Germany had betrayed the Western model. The prosecutors laid out how private enterprise, academic science, the military, and the civil service, which looked ostensibly similar to their opposite numbers in the Allied nations, had been corrupted in Germany even before Hitlers rise to power. While the argument, depending on individual protagonists, subject matters, and contexts, met with uneven success in court, it offered a final twist against the backdrop of the Cold War: although Germany had lost its way, it could still be brought back into the Western fold. The first comprehensive study of the Nuremberg trials, The Betrayal explores this process and sheds light on how history underpins transitional trials as we encounter them in todays courtrooms from Arusha to The Hague."

"This detailed evaluation of the relationship between trials and truth commissions challenges their assumed compatibility through an analysis of their operational features at national, inter-state and international levels. Alison Bisset conducts case-study analyses of national practice in South Africa, East Timor and Sierra Leone, evaluates the problems posed by the International Criminal Court and considers the challenges presented by the possibility of bystander state prosecutions. At each level, she highlights potential operational conflicts and formulates targeted proposals to enable effective coexistence."

"What role do transitional justice processes play in determining the gender outcomes of transitions from conflict and authoritarianism? What is the impact of transitional justice processes on the human rights of women in states emerging from political violence? Gender Politics in Transitional Justice argues that human rights outcomes for women are determined in the space between international law and local gender politics. The book draws on feminist political science to reveal the key gender dynamics that shape the strategies of local women's movements in their engagement with transitional justice, and the ultimate success of those strategies, termed 'the local fit'. Also drawing on feminist doctrinal scholarship in international law, 'the international frame' examines the role of international law in defining harms against women in transitional justice and in determining the 'from' and 'to' of transitions from conflict and authoritarianism. This book locates evolving state practice in gender and transitional justice over the past two decades within the context of the enhanced protection of women's human rights under international law."

"What role do transitional justice processes play in determining the gender outcomes of transitions from conflict and authoritarianism? What is the impact of transitional justice processes on the human rights of women in states emerging from political violence? Gender Politics in Transitional Justice argues that human rights outcomes for women are determined in the space between international law and local gender politics. The book draws on feminist political science to reveal the key gender dynamics that shape the strategies of local women's movements in their engagement with transitional justice, and the ultimate success of those strategies, termed 'the local fit'. Also drawing on feminist doctrinal scholarship in international law, 'the international frame' examines the role of international law in defining harms against women in transitional justice and in determining the 'from' and 'to' of transitions from conflict and authoritarianism. This book locates evolving state practice in gender and transitional justice over the past two decades within the context of the enhanced protection of women's human rights under international law."