{"title":"The Exclusivity of Inclusion: Global Construction of Vulnerable and Apolitical Victimhood in Peace Agreements","authors":"Astrid Jamar","doi":"10.1093/IJTJ/IJAB014","DOIUrl":"https://doi.org/10.1093/IJTJ/IJAB014","url":null,"abstract":"","PeriodicalId":46927,"journal":{"name":"International Journal of Transitional Justice","volume":"15 1","pages":"284-308"},"PeriodicalIF":1.6,"publicationDate":"2021-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48893612","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-10-14DOI: 10.1093/IJTJ/IJAB023/6397011
R. Hickey, R. Killean
This article seeks to contribute a ‘thicker’ understanding of the harm caused by the destruction of cultural heritage and the means through which that harm can be redressed. It analyses attacks on property of local significance to the Cham, an Islamic group subjected to religious persecution and genocide during the Khmer Rouge regime in Cambodia. Using Bernadette Atuahene’s property-loss concepts of ‘dignity takings’ and ‘dignity restoration,’ the article links the loss of property associated with the group’s cultural heritage to experiences of dehumanization, infantilization and community destruction. The article explores how responses to the Cham’s loss of cultural heritage have been iterative, at times unintentional and ultimately unsuccessful in redressing the full impacts of the loss. It stresses the importance of moving beyond a focus on specific restitution to develop a spectrum of interventions which reaffirm victims’ humanity, reinforce their agency and allow them to reconnect meaningfully with their heritage.
{"title":"Property Loss and Cultural Heritage Restoration in the Aftermath of Genocide: Understanding Harm and Conceptualising Repair","authors":"R. Hickey, R. Killean","doi":"10.1093/IJTJ/IJAB023/6397011","DOIUrl":"https://doi.org/10.1093/IJTJ/IJAB023/6397011","url":null,"abstract":"This article seeks to contribute a ‘thicker’ understanding of the harm caused by the destruction of cultural heritage and the means through which that harm can be redressed. It analyses attacks on property of local significance to the Cham, an Islamic group subjected to religious persecution and genocide during the Khmer Rouge regime in Cambodia. Using Bernadette Atuahene’s property-loss concepts of ‘dignity takings’ and ‘dignity restoration,’ the article links the loss of property associated with the group’s cultural heritage to experiences of dehumanization, infantilization and community destruction. The article explores how responses to the Cham’s loss of cultural heritage have been iterative, at times unintentional and ultimately unsuccessful in redressing the full impacts of the loss. It stresses the importance of moving beyond a focus on specific restitution to develop a spectrum of interventions which reaffirm victims’ humanity, reinforce their agency and allow them to reconnect meaningfully with their heritage.","PeriodicalId":46927,"journal":{"name":"International Journal of Transitional Justice","volume":" ","pages":""},"PeriodicalIF":1.6,"publicationDate":"2021-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44502221","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Lustration and the personnel reform of the state","authors":"R. David, C. Horne","doi":"10.4324/9781315760568-6","DOIUrl":"https://doi.org/10.4324/9781315760568-6","url":null,"abstract":"","PeriodicalId":46927,"journal":{"name":"International Journal of Transitional Justice","volume":"54 1","pages":""},"PeriodicalIF":1.6,"publicationDate":"2021-09-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77820269","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article examines the extent to which mainstreaming intersectionality in the Colombian Truth Commission (CEV) serves the feminist aim of producing social transformations by exposing patriarchal, racialized and class-based structures of oppression. Analysing the mainstreaming of intersectionality as a site of struggle exposes the interlocking dynamics of inequality and ontological impositions that block Indigenous and Afro-descendant women’s full participation at the CEV. Ongoing dialogues with five Indigenous and/or Afro-descendant Colombian activists centrally inform this analysis. All the activists utilize the gender, woman, family and generation approach, which is anchored in the shared cosmological reference points of Indigenous and Afro-descendant women. The peril of mainstreaming intersectionality appears when it is used in a shallow manner that severs a structural intersectional analysis from a political intersectional analysis. The promise of intersectionality can only be realized through a holistic understanding and application of both its structural and political dimensions.
{"title":"The Promise and Perils of Mainstreaming Intersectionality in the Colombian Peace Process","authors":"Juliana González Villamizar, Pascha Bueno-Hansen","doi":"10.1093/ijtj/ijab026","DOIUrl":"https://doi.org/10.1093/ijtj/ijab026","url":null,"abstract":"This article examines the extent to which mainstreaming intersectionality in the Colombian Truth Commission (CEV) serves the feminist aim of producing social transformations by exposing patriarchal, racialized and class-based structures of oppression. Analysing the mainstreaming of intersectionality as a site of struggle exposes the interlocking dynamics of inequality and ontological impositions that block Indigenous and Afro-descendant women’s full participation at the CEV. Ongoing dialogues with five Indigenous and/or Afro-descendant Colombian activists centrally inform this analysis. All the activists utilize the gender, woman, family and generation approach, which is anchored in the shared cosmological reference points of Indigenous and Afro-descendant women. The peril of mainstreaming intersectionality appears when it is used in a shallow manner that severs a structural intersectional analysis from a political intersectional analysis. The promise of intersectionality can only be realized through a holistic understanding and application of both its structural and political dimensions.","PeriodicalId":46927,"journal":{"name":"International Journal of Transitional Justice","volume":" ","pages":""},"PeriodicalIF":1.6,"publicationDate":"2021-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42198118","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Erratum to “Ending the Silence': Addressing the Legacy of Displacement in Northern Ireland's ‘Troubles’”","authors":"","doi":"10.1093/ijtj/ijab019","DOIUrl":"https://doi.org/10.1093/ijtj/ijab019","url":null,"abstract":"","PeriodicalId":46927,"journal":{"name":"International Journal of Transitional Justice","volume":" ","pages":""},"PeriodicalIF":1.6,"publicationDate":"2021-08-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49247080","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The international transitional justice movement – while making great strides in achieving justice and uncovering the truth of what happened during the decades-long internal armed conflict – ultimately constructs a narrow understanding of the conflict and postconflict in Guatemala. Domestic and international human rights trials and truth commission reports focus, sometimes necessarily, on stories of suffering and the costs of war, and often leave out stories of resilience and triumph. Drawing on Indigenous scholarship about concepts of desire-centered work, refusal, survivance and thrivance, I argue for the need to shift fundamental assumptions and move beyond traditional approaches to transitional justice, identifying important lessons learned. A collaborative research project with a small Maya Mam Indigenous town in western Guatemala brings to the fore voices often missing from mainstream narratives about conflict by centering the community’s grassroots development, and self-governance projects through which genocide survivors are building new, vibrant futures for themselves and their children.
{"title":"Beyond Transitional Justice: Learning from Indigenous Maya Mam Resistance in Guatemala","authors":"Emily Willard","doi":"10.1093/ijtj/ijab021","DOIUrl":"https://doi.org/10.1093/ijtj/ijab021","url":null,"abstract":"\u0000 The international transitional justice movement – while making great strides in achieving justice and uncovering the truth of what happened during the decades-long internal armed conflict – ultimately constructs a narrow understanding of the conflict and postconflict in Guatemala. Domestic and international human rights trials and truth commission reports focus, sometimes necessarily, on stories of suffering and the costs of war, and often leave out stories of resilience and triumph. Drawing on Indigenous scholarship about concepts of desire-centered work, refusal, survivance and thrivance, I argue for the need to shift fundamental assumptions and move beyond traditional approaches to transitional justice, identifying important lessons learned. A collaborative research project with a small Maya Mam Indigenous town in western Guatemala brings to the fore voices often missing from mainstream narratives about conflict by centering the community’s grassroots development, and self-governance projects through which genocide survivors are building new, vibrant futures for themselves and their children.","PeriodicalId":46927,"journal":{"name":"International Journal of Transitional Justice","volume":" ","pages":""},"PeriodicalIF":1.6,"publicationDate":"2021-08-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44071517","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
With most avenues to pursue justice for Syrian victims of international crimes blocked, Syrian and international justice actors within civil society and formal institutions are active in exploring ways to seek some form of justice and accountability. In doing so, many of them use the language of transitional justice as the most promising paradigm to keep justice on the international agenda and to resist the prevailing defeatism about the possibility to advance justice in the absence of a transition, as well as to remedy the marginalization of victims’ experiences and narratives. Many of these actors are not only interested in criminal accountability. They also seek to stretch the boundaries of what is imaginable in terms of justice, beyond existing mechanisms and even beyond the judicial realm. They are striving to open up the justice imagination. In a maximalist sense, they are foraging for more ambitious justice narratives that can accommodate the victims’ lived experiences. In a minimalist sense, they are resisting the erasure or invisibilization of the experiences of millions of Syrians affected by hackneyed justice narratives. This article refers to the work of these justice actors to expose and conceptualize some of the shortcomings of mainstream transitional justice discourses.
{"title":"Stirring the Justice Imagination: Countering the Invisibilization and Erasure of Syrian Victims’ Justice Narratives","authors":"B. Herremans, Tine Destrooper","doi":"10.1093/ijtj/ijab025","DOIUrl":"https://doi.org/10.1093/ijtj/ijab025","url":null,"abstract":"\u0000 With most avenues to pursue justice for Syrian victims of international crimes blocked, Syrian and international justice actors within civil society and formal institutions are active in exploring ways to seek some form of justice and accountability. In doing so, many of them use the language of transitional justice as the most promising paradigm to keep justice on the international agenda and to resist the prevailing defeatism about the possibility to advance justice in the absence of a transition, as well as to remedy the marginalization of victims’ experiences and narratives. Many of these actors are not only interested in criminal accountability. They also seek to stretch the boundaries of what is imaginable in terms of justice, beyond existing mechanisms and even beyond the judicial realm. They are striving to open up the justice imagination. In a maximalist sense, they are foraging for more ambitious justice narratives that can accommodate the victims’ lived experiences. In a minimalist sense, they are resisting the erasure or invisibilization of the experiences of millions of Syrians affected by hackneyed justice narratives. This article refers to the work of these justice actors to expose and conceptualize some of the shortcomings of mainstream transitional justice discourses.","PeriodicalId":46927,"journal":{"name":"International Journal of Transitional Justice","volume":" ","pages":""},"PeriodicalIF":1.6,"publicationDate":"2021-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45396116","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
With the aim of understanding how the International Criminal Court (ICC) affects peace processes, this article examines the Colombian peace and justice processes through the lens of friction. It investigates frictional encounters between the Colombian judicial system and the ICC, in order to reveal the tensions in this relationship. First, we disaggregate the concept of friction and propose three different types of frictional encounters – conceptual, normative and jurisdictional – in transitional justice processes. Second, we investigate different responses to these frictional encounters, such as compliance, adaptation, co-option and resistance. Finally, we find that responses to frictions generate hybrid judicial outcomes, such as a hybrid, intersubjective understanding of justice, a hybrid sanctioning regime as well as hybrid complementarity. The article concludes that the ICC influenced the Colombian peace process, while the Colombian judicial system complied with the requirements of the ICC thereby demonstrating agency, flexibility and innovation and ensuring its judicial sovereignty.
{"title":"Friction in Transitional Justice Processes: The Colombian Judicial System and the ICC","authors":"A. Björkdahl, Louise Warvsten","doi":"10.1093/ijtj/ijab018","DOIUrl":"https://doi.org/10.1093/ijtj/ijab018","url":null,"abstract":"\u0000 With the aim of understanding how the International Criminal Court (ICC) affects peace processes, this article examines the Colombian peace and justice processes through the lens of friction. It investigates frictional encounters between the Colombian judicial system and the ICC, in order to reveal the tensions in this relationship. First, we disaggregate the concept of friction and propose three different types of frictional encounters – conceptual, normative and jurisdictional – in transitional justice processes. Second, we investigate different responses to these frictional encounters, such as compliance, adaptation, co-option and resistance. Finally, we find that responses to frictions generate hybrid judicial outcomes, such as a hybrid, intersubjective understanding of justice, a hybrid sanctioning regime as well as hybrid complementarity. The article concludes that the ICC influenced the Colombian peace process, while the Colombian judicial system complied with the requirements of the ICC thereby demonstrating agency, flexibility and innovation and ensuring its judicial sovereignty.","PeriodicalId":46927,"journal":{"name":"International Journal of Transitional Justice","volume":"1 1","pages":""},"PeriodicalIF":1.6,"publicationDate":"2021-08-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60952288","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Elke Evrard, Gretel Mejia Bonifazi, Tine Destrooper
Much has been written about the potential of participatory approaches to entrench and expand transitional justice processes. Yet, evidence-based research on how to understand, organize and evaluate victim participation has lagged behind. Empirical research, moreover, often lacks an explicit conceptualization of participation or adopts existing models that start from an institutional perspective and that normatively hierarchize forms and functions of participation. This article, instead, proposes an actor-oriented analytical framework that outlines participants’ trajectories throughout the transitional justice ecosystem. This framework invites a more rigorous investigation of (a) participants’ identities and interests, (b) the spaces they navigate, (c) the relation between various interests, spaces and temporalities and (d) the open-ended nature of outcomes. We apply this framework to Guatemalan indigenous women’s quest for redress for conflict-related sexual violence. The framework facilitates a different way of understanding impact, rooted in local actors’ multidirectional, context-specific and non-linear engagement with transitional justice.
{"title":"The Meaning of Participation in Transitional Justice: A Conceptual Proposal for Empirical Analysis","authors":"Elke Evrard, Gretel Mejia Bonifazi, Tine Destrooper","doi":"10.1093/ijtj/ijab013","DOIUrl":"https://doi.org/10.1093/ijtj/ijab013","url":null,"abstract":"Much has been written about the potential of participatory approaches to entrench and expand transitional justice processes. Yet, evidence-based research on how to understand, organize and evaluate victim participation has lagged behind. Empirical research, moreover, often lacks an explicit conceptualization of participation or adopts existing models that start from an institutional perspective and that normatively hierarchize forms and functions of participation. This article, instead, proposes an actor-oriented analytical framework that outlines participants’ trajectories throughout the transitional justice ecosystem. This framework invites a more rigorous investigation of (a) participants’ identities and interests, (b) the spaces they navigate, (c) the relation between various interests, spaces and temporalities and (d) the open-ended nature of outcomes. We apply this framework to Guatemalan indigenous women’s quest for redress for conflict-related sexual violence. The framework facilitates a different way of understanding impact, rooted in local actors’ multidirectional, context-specific and non-linear engagement with transitional justice.","PeriodicalId":46927,"journal":{"name":"International Journal of Transitional Justice","volume":" ","pages":""},"PeriodicalIF":1.6,"publicationDate":"2021-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43957857","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：