Transitional Justice and the Prosecution of Political Leaders in the Arab Region

A Comparative Study of Egypt, Libya, Tunisia and Yemen

Author: Noha Aboueldahab

Publisher: Bloomsbury Publishing

ISBN: 1509911340

Category: Law

Page: 200

View: 2022

The dramatic uprisings that ousted the long-standing leaders of several countries in the Arab region set in motion an unprecedented period of social, political and legal transformation. The prosecution of political leaders took centre stage in the pursuit of transitional justice following the 'Arab Spring'. Through a comparative case study of Egypt, Libya, Tunisia and Yemen, this book argues that transitional justice in the Arab region presents the strongest challenge yet to the transitional justice paradigm. This paradigm is built on the underlying assumption that transitions constitute a shift from non-liberal to liberal democratic regimes, where often legal measures are taken to address atrocities committed during the prior regime. The book is guided by two principal questions: first, what trigger and driving factors led to the decision of whether or not to prosecute former political leaders? And second, what shaping factors affected the content and extent of decisions regarding prosecution? In answering these questions, the book enhances our understanding of how transitional justice is pursued by different actors in varied contexts. In doing so, it challenges the predominant understanding that transitional justice uniformly occurs in liberalising contexts and calls for a re-thinking of transitional justice theory and practice. Using original findings generated from almost 50 interviews across 4 countries, this research builds on the growing critical literature that claims that transitional justice is an under-theorised field and needs to be developed to take into account non-liberal and complex transitions. It will be stimulating and thought-provoking reading for all those interested in transitional justice and the 'Arab Spring'. 'Beginning with the striking image of former Egyptian President Hosni Mubarak in the docks in 2011, Aboueldahab analyzes the role of transitional justice processes in relation to the political developments of the Arab Spring. She makes a compelling case for a fundamental rethinking of those approaches to fighting impunity that have become mainstreamed in the international human rights community; this book also challenges assumptions and theories regarding the notion of 'liberalizing' political transitions. Drawing from four country contexts (Egypt, Tunisia, Libya and Yemen) this book demonstrates that human rights goals were undermined because the international community and key national actors ignored the socio-legal histories that shaped the paths and horizons of political change. This book is an important contribution to the study of international criminal law, transitional justice, and the broader field of political transition.' Vasuki Nesiah, Associate Professor of Practice, New York University 'This very timely and perceptive study provides rigorous empirical evaluation of the post-transition prosecution strategies in the Arab region. It demonstrates both the complexity of and contrasts between the cases, but also highlights their divergence from the transitional justice field as it is generally understood. By exploring the broader political shifts and the local political dynamics of prosecutions, Noha Aboueldahab challenges common misconceptions about whose interests prosecutions serve in these contexts. In doing so, she questions the assumptions of transitional justice more broadly.' Hugo van der Merwe, Director of Research, The Centre for the Study of Violence and Reconciliation and Editor-in-Chief of the International Journal of Transitional Justice 'In this book Aboueldahab presents an in depth empirical analysis of the dynamics of transitional justice in the Arab spring. In so doing she highlights not only the practical difficulties faced but provides an insightful commentary on some of the core tensions of transitional justice itself. The book will be an invaluable resource for those seeking to understand the successes and failures of transitional justice and its application to non-liberal transitions.' Dr Catherine Turner, Assistant Professor, Durham Law School

The Scene of the Mass Crime

History, Film, and International Tribunals

Author: Christian Delage,Peter Goodrich

Publisher: Routledge

ISBN: 1136330666

Category: History

Page: 248

View: 1721

The Scene of the Mass Crime takes up the unwritten history of the peculiar yet highly visible form of war crimes trials. These trials are the first and continuing site of the interface of law, history and film. From Nuremberg to the contemporary trials in Cambodia, film, in particular, has been crucial both as evidence of atrocity and as the means of publicizing the proceedings. But what does film bring to justice? Can law successfully address war crimes, atrocities, genocide? What do the trials actually show? What form of justice is done, and how does it relate to ordinary courts and proceedings? What lessons can be drawn from this history for the very topical political issue of filming civil and criminal trials? This book takes up the diversity and complexity of these idiosyncratic and, in strict terms, generally extra-legal medial situations. Drawing on a fascinating diversity of public trials and filmic responses, from the Trial of the Gang of Four to the Gacaca local courts of Rwanda to the filmic symbolism of 9-11, from Soviet era show trials to Nazi People's Courts leading international scholars address the theatrical, political, filmic and symbolic importance of show trials in making history, legitimating regimes and, most surprising of all, in attempting to heal trauma through law and through film. These essays will be of considerable interest to those working on international criminal law, transitional justice, genocide studies, and the relationship between law and film.

International Trials and Reconciliation

Assessing the Impact of the International Criminal Tribunal for the Former Yugoslavia

Author: Janine Natalya Clark

Publisher: Routledge

ISBN: 1317974751

Category: Law

Page: 249

View: 7006

Transitional justice is a burgeoning field of scholarly inquiry. Yet while the transitional justice literature is replete with claims about the benefits of criminal trials, too often these claims lack an empirical basis and hence remain unproven. While there has been much discussion about whether criminal trials can aid reconciliation, the extent to which they actually do so in practice remains under-explored. This book investigates the relationship between criminal trials and reconciliation, through a particular focus on the International Criminal Tribunal for the former Yugoslavia (ICTY). Using detailed empirical data – in the form of qualitative interviews and observations from five years of fieldwork – to assess and analyze the ICTY’s impact on reconciliation in Bosnia-Hercegovina, Croatia and Kosovo, International Trials and Reconciliation: Assessing the Impact of the International Criminal Tribunal for the former Yugoslavia argues that reconciliation is not a realistic aim for a criminal court. They are, Janine Clark argues, only one part of a rich tapestry of justice, which must also include non-retributive transitional justice processes and mechanisms. Challenging many of the common yet untested assumptions about the benefits of criminal trials, this innovative and extremely timely monograph will be invaluable for those with interests in the theory and practice of transitional justice.

Networking the Rule of Law

How Change Agents Reshape Judicial Governance in the EU

Author: Dr Daniela Piana,Dr Cristina Dallara

Publisher: Ashgate Publishing, Ltd.

ISBN: 1409433056

Category: Law

Page: 176

View: 8016

Judicial networks have proved effective in influencing recent judicial policies enacted by both old and new EU member states. This volume seeks to improve our understanding of how networks function, the extent to which they matter in the governance of a constitutional democracy and with what consequences networks interact with hierarchical institutions that still exist within the States. The authors also examine the way the networks cross the legal and territorial borders that confine the jurisdiction of the domestic institutions, and whether they are independent of the leadership of their members.

Rape, Sexual Violence and Transitional Justice Challenges

Lessons from Bosnia Herzegovina

Author: Janine Natalya Clark

Publisher: Routledge

ISBN: 1351718576

Category: Law

Page: 243

View: 6600

It is estimated that 20,000 people were subjected to rape and other forms of sexual violence during the 1992–1995 Bosnian war. Today, these men and women have been largely forgotten. Where are they now? To what extent do their experiences continue to affect and influence their lives, and the lives of those around them? What are the principal problems that these individuals face? Such questions remain largely unanswered. More broadly, the long-term consequences of conflict-related rape and sexual violence are often overlooked. Based on extensive interviews with male and female survivors from all ethnic groups in Bosnia-Herzegovina (BiH), this interdisciplinary book addresses a critical gap in the current literature on rape and sexual violence in conflict situations. In so doing, it uniquely situates and explores the legacy of these crimes within a transitional justice framework. Demonstrating that transitional justice processes in BiH have neglected the long-term effects of rape and sexual violence, it develops and operationalizes a new holistic approach to transitional justice that is based on an expanded conception of ‘legacy’ and has a wider application beyond BiH.

Democratization in the Arab World

Prospects and Lessons from Around the Globe

Author: Laurel E. Miller,Jeffrey Martini,F. Stephen Larrabee,Angel Rabasa,Stephanie Pezard

Publisher: Rand Corporation

ISBN: 0833072080

Category: Political Science

Page: 434

View: 808

Daunting challenges lie ahead for Arab countries where revolutions have upended longstanding authoritarian regimes. This monograph aims to help policymakers understand the challenges ahead, form well-founded expectations, shape diplomatic approaches, and take practical steps to foster positive change.

Trust, Voice, and Incentives

Learning from Local Success Stories in Service Delivery in the Middle East and North Africa

Author: Hana Brixi,Ellen Lust,Michael Woolcock

Publisher: World Bank Publications

ISBN: 1464804575

Category: Political Science

Page: 338

View: 4202

This report examines the role of incentives, trust, and engagement as critical determinants of service delivery performance in MENA countries. Focusing on education and health, the report illustrates how the weak external and internal accountability undermines policy implementation and service delivery performance and how such a cycle of poor performance can be counteracted. Case studies of local success reveal the importance of both formal and informal accountability relationships and the role of local leadership in inspiring and institutionalizing incentives toward better service delivery performance. Enhancing services for MENA citizens requires forging a stronger social contract among public servants, citizens, and service providers while empowering communities and local leaders to find 'best fit' solutions. Learning from the variations within countries, especially the outstanding local successes, can serve as a solid basis for new ideas and inspiration for improving service delivery. Such learning may help the World Bank Group and other donors as well as national and local leaders and civil society, in developing ways to enhance the trust, voice, and incentives for service delivery to meet citizens’ needs and expectations.

The Peacemaker's Paradox

Pursuing Justice in the Shadow of Conflict

Author: Priscilla Hayner

Publisher: N.A

ISBN: 9781138303430

Category: International courts

Page: 234

View: 7734

Expanding from her path-breaking work in Unspeakable Truths, Priscilla Hayner focuses on a new challenge in The Peacemaker�s Paradox: the age-old problem of negotiating peace after a war of atrocities. Drawing on her first-hand involvement in peace processes and interviews from the frontlines of peace talks, the author recounts many heretofore-untold stories of how justice has been negotiated, with great difficulty, and what this tells us for the future. Those with the most power to stop a war are the least likely to submit to justice for their crimes, but the demand for justice only grows louder. She also asks how the intervention of an international tribunal, such as the International Criminal Court, changes how a war is fought and the possibility of brokering peace. The Peacemaker�s Paradox looks far and wide, from Gaddafi�s Libya to the FARC talks in Colombia, to provide an unparalleled exploration of these thorniest of issues. A combination of interview-based reporting and political analysis, The Peacemaker�s Paradox brings clarity to a field fraught with both legal and practical difficulties.

Principles of German Criminal Law

Author: Michael Bohlander

Publisher: Bloomsbury Publishing

ISBN: 1847314791

Category: Law

Page: 242

View: 2808

German criminal law doctrine, as one of the more influential ones over time and on a global scale, takes rather different approaches to many of the problems of substantive law from those of the common law family of countries like the UK, the US, Canada, New Zealand, Australia etc. It also differs markedly from the system which is most often used in Anglophone writing as a civil law comparison, the French law. German criminal law is a code-based model and has been for centuries. The influence of academic writing on its development has been far greater than in the judge-oriented common law models. The book will serve as a useful aid to debates about codification efforts in countries that are mostly based on a case law system, but who wish to re-structure their law in one or several criminal codes. The comparison will show that similar problems occur in all legal systems regardless of their provenance, and the attempts of individual systems at solving them, their successes and their failures, can provide a rich experience on which other countries can draw and on which they can build. The book provides an outline of the principles of German criminal law, mainly the so-called 'General Part' (eg actus reus, mens rea, defences, participation) and the core offence categories (homicide, offences against property, sexual offences). It sets out the principles, their development under the influence of academic writing and judicial decisions. The book is not meant as a textbook of German criminal law, but is a selection of interrelated in-depth essays on the central problems. Wherever it is apposite and feasible, comparison is offered to the approaches of English criminal law and the legal systems of other common and civil law countries in order to allow common lawyers to draw the pertinent parallels to their own jurisdictions.

Transitional Justice and the Arab Spring

Author: Kirsten J. Fisher,Robert Stewart

Publisher: Routledge

ISBN: 1135984816

Category: Law

Page: 244

View: 5547

This book presents a varied and critical picture of how the Arab Spring demands a re-examination and re-conceptualization of issues of transitional justice. It demonstrates how unique features of this wave of revolutions and popular protests that have swept the Arab world since December 2010 give rise to distinctive concerns and problems relative to transitional justice. The contributors explore how these issues in turn add fresh perspective and nuance to the field more generally. In so doing, it explores fundamental questions of social justice, reconstruction and healing in the context of the Arab Spring. Including the perspectives of academics and practitioners, Transitional Justice and the Arab Spring will be of considerable interest to those working on the politics of the Middle East, normative political theory, transitional justice, international law, international relations and human rights.

Dynamics of Transformation, Elite Change and New Social Mobilization

Egypt, Libya, Tunisia and Yemen

Author: Heiko Wimmen,Muriel Asseburg

Publisher: Routledge

ISBN: 1317222512

Category: Political Science

Page: 210

View: 5235

The political transformations initiated by the so-called Arab Spring in Egypt, Libya, Tunisia and Yemen have been marked by strong political contention, continued social mobilization and, albeit to different degrees, weak central state institutions. This book proposes that, rather than agreed roadmaps of institutional change (e.g. elections, drawing up new constitutions) and centrally crafted transition processes, it has been the competition of key political actors for resources of political power and control that has set the pace and influenced the direction and depth of the transformation processes. Hence, the contributions in this volume use an actor-centred approach. Two perspectives are assumed: first key political actors – referring to the "Politically Relevant Elite (PRE)"– are identified and their motivations as well as their strategies and capacities to steer the transformation process. Secondly , the authors investigate the capacity of politically "Mobilized Publics" to exert influence on agenda setting and decision making, ask to what extent popular and social movements have emerged as political actors in their own right, and to what extent such forms of bottom-up participation have constituted a fundamental change to the political culture of these countries. Both avenues of inquiry analyze how the elites are constrained by continued social mobilization, how they engage with mobilized publics to promote their own agendas, and whether the extended scope of popular participation contributes to the legitimacy and stability of the emerging political orders, or causes disruption, fragmentation and conflict. This book was previously published as a special issue of Mediterranean Politics.

Advocating Transitional Justice in Africa

The Role of Civil Society

Author: Jasmina Brankovic,Hugo van der Merwe

Publisher: Springer

ISBN: 3319704176

Category: Political Science

Page: 231

View: 3733

This edited volume examines the role of local civil society in shaping understandings and processes of transitional justice in Africa – a nursery of transitional justice ideas for well over two decades. It brings together practitioners and scholars with intimate knowledge of these processes to evaluate the agendas and strategies of local civil society, and offers an opportunity to reflect on ‘lessons learnt’ along the way. The contributors focus on the evolution and effectiveness of transitional justice interventions, providing a glimpse into the motivations and inner workings of major civil society actors. The book presents an African perspective on transitional justice through a compilation of country-specific and thematic analyses of agenda setting and lobbying efforts. It offers insights into state–civil society relations on the continent, which shape these agendas. The chapters present case studies from Southern, Central, East, West and North Africa, and a range of moments and types of transition. In addition to historical perspective, the chapters provide fresh and up-to- date analyses of ongoing transitional justice efforts that are key to defining the future of how the field is understood globally, in theory and in practice Endorsements: "This great volume of written work – Advocating Transitional Justice in Africa: The Role of Civil Society – does what virtually no other labor of the intellect has done heretofore. Authored by movement activists and thinkers in the fields of human rights and transitional justice, the volume wrestles with the complex place and roles of transitional justice in the project of societal reconstruction in Africa. ... This volume will serve as a timely and thought-provoking guide for activists, thinkers, and policy makers – as well as students of transitional justice – interested in the tension between the universal and the particular in the arduous struggle for liberation. Often, civil society actors in Africa have been accused of consuming the ideas of others, but not producing enough, if any, of their own. This volume makes clear the spuriousness of this claim and firmly plants an African flag in the field of ideas." Makau Mutua

Bandung, Global History, and International Law

Critical Pasts and Pending Futures

Author: Luis Eslava,Michael Fakhri,Vasuki Nesiah

Publisher: Cambridge University Press

ISBN: 1107123992

Category: Law

Page: 724

View: 3359

"In 1955 a conference was held in Bandung, Indonesia that was attended by representatives from twenty-nine developing nations. Against the backdrop of crumbling European colonies, Asian and African leaders forged a new alliance and established anti-imperial principles for a new world order. The conference captured the popular imagination across the Global South. Bandung's larger significance as counterpoint to the dominant world order was both an act of collective imagination and a practical political project for decolonization that inspired a range of social movements, diplomatic efforts, institutional experiments and heterodox visions of the history and future of the world. This book explores what the spirit of Bandung has meant to people across the world over the past decades and what it means today. Experts from a wide range of fields show how, despite the complicated legacy of the conference, international law was never the same after Bandung"--

Constitutionalism, Human Rights, and Islam after the Arab Spring

Author: Rainer Grote,Tilmann J. R?der

Publisher: Oxford University Press

ISBN: 0190627662

Category: Political Science

Page: 1200

View: 8914

Constitutionalism, Human Rights, and Islam after the Arab Spring offers a comprehensive analysis of the impact that new and draft constitutions and amendments - such as those in Jordan, Morocco, Syria, Egypt, and Tunisia - have had on the transformative processes that drive constitutionalism in Arab countries. This book aims to identify and analyze the key issues facing constitutional law and democratic development in Islamic states, and offers an in-depth examination of the relevance of the transformation processes for the development and future of constitutionalism in Arab countries. Using an encompassing and multi-faceted approach, this book explores underlying trends and currents that have been pivotal to the Arab Spring, while identifying and providing a forward looking view of constitution making in the Arab world.

Comparative Quantification of Health Risks: Sexual and reproductive health

Author: Majid Ezzati

Publisher: World Health Organization

ISBN: 9241580313

Category: Medical

Page: 2248

View: 6763

During the last quarter of the twentieth century, a number of works have addressed both the methodological and empirical aspects of population-wide impacts of major causes of diseases. This gradual establishment of risk assessment, or risk quantification, has been driven partly by the academic curiosity of individual researchers and partly by the demands of regulatory agencies and public policy for better quantitative evidence on the health implications of certain risk exposures. These efforts nonetheless have generally been within the disciplinary and methodological traditions of individual risk factors and in a limited number of settings. As a result, the criteria for evaluating scientific evidence have varied greatly across risk factors resulting in lack of comparability across risk factors. This book provides a comprehensive assessment of the scientific evidence on prevalence and hazards, and the resulting health effects, of a range of exposures that are known to be hazardous to human health, including childhood and maternal undernutrition, nutritional and physiological risk factors for adult health, addictive substances, sexual and reproductive health, and risks in the physical environments of households and communities, as well as among workers. This book is the culmination of over 3 years of scientific enquiry and data collection, collectively known as the Comparative Risk Assessment (CRA) project, involving over 100 scientists, applying a common analytical framework and methods to ensure greater consistency and comparability in using and evaluating scientific evidence across risks. As a result, our understanding of the comparative extent of disease burden caused by various exposures worldwide has advanced, and key areas of scientific enquiry to better inform policy needs to reduce risks have been elucidated. As public health researchers and practitioners evaluate policy alternatives for improving population health, this book not only demonstrates the enormous potential for disease prevention but also provides a fundamental reference for the scientific evidence on some of the most important global risks to health.Volumes 1 and 2 are hardbound; Volume 3 is a CD-ROM.

Transitional Justice in the Asia-Pacific

Author: Renee Jeffery,Hun Joon Kim

Publisher: Cambridge University Press

ISBN: 110704037X

Category: Law

Page: 311

View: 1194

This is the first book to provide an overview of the processes and practices of transitional justice in the Asia-Pacific region.

Pensions in the Middle East and North Africa

Time for Change

Author: Edward Whitehouse

Publisher: World Bank Publications

ISBN: 9780821361856

Category: Business & Economics

Page: 253

View: 9447

This is the first comprehensive assessment of pension systems in the Middle East and North Africa. While other regions—Central Asia, Eastern Europe, and Latin America, in particular—have been actively introducing reforms to their pension systems, Middle East and North African countries have lagged behind. This is explained, in part, by the common belief that, because demographics remain favorable—the countries are young and the labor force is expanding rapidly—financial problems are far in the future; as a result, pension reform does not have to be a priority in the broader policy agenda.However, the authors show that aging is not the only factor behind a financial crisis; the problem is the generosity of the current schemes. Moreover, badly designed benefit formulas and eligibility conditions introduce unnecessary economic distortions and make the systems vulnerable to adverse distributional transfers. The book does not present a general model that could solve the problems of all pension systems in Middle East and North Africa countries. Instead the authors focus on outlining a framework for guiding discussions on pension reform and making objective policy choices.This assessment will be useful for policy makers and government officials involved in pension reform in the Middle East and North Africa region.

Democracy's Fourth Wave?

Digital Media and the Arab Spring

Author: Philip N. Howard,Muzammil M. Hussain

Publisher: Oxford University Press

ISBN: 0199936978

Category: Business & Economics

Page: 145

View: 9386

In 2011, the international community watched as citizens mobilized through the Internet and digital media to topple three of the world's most entrenched dictators: Ben Ali in Tunisia, Mubarak in Egypt, and Qaddafi in Libya. This book examines not only the unexpected evolution of events during the Arab Spring, but the longer history of desperate-and creative-digital activism through the Arab world.

The New Arab Wars

Uprisings and Anarchy in the Middle East

Author: Marc Lynch

Publisher: PublicAffairs

ISBN: 1610396103

Category: Political Science

Page: 304

View: 6649

Marc Lynch's last book, The Arab Uprising, described the then ongoing revolutionary change and prospect for the consolidation of democracy in key Arab countries that still seemed possible. But Lynch saw dark signs on the horizon, especially in Syria. That book ended with the hope that the Arab uprisings heralded a fundamental change over the long-term, but with the warning that Arab regimes would not easily give up their power. Instead, Egypt’s revolution has given way to a military coup; Libya’s produced a failed state; Yemen is the battleground for a proxy war and will be destroyed; Syria has become a sprawling humanitarian catastrophe that will take a generation to begin to recover from. At the same time, America has less and less reason to want to engage with the region and now has only one functional ally apart from Israel. The New Arab Wars describes how the political landscape of an entire region has been convulsed, with much of it given over to anarchy, as proxy wars on behalf of three competing powers—Iran, Turkey and Saudi Arabia—scar the region. It is a brutal, compelling story.