Postcolonial Transitional Justice: Zimbabwe and Beyond, 1st Edition (Hardback) book cover

Postcolonial Transitional Justice

Zimbabwe and Beyond, 1st Edition

By Khanyisela Moyo

Routledge

240 pages

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Hardback: 9781138485747
pub: 2019-06-20
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Description

Transitional justice processes are now considered to be crucial steps in facilitating the move from conflict or repression to a secure democratic future.

This book contributes to a deeper understanding of transitional justice by examining the complexities of transition in postcolonial societies. It focuses particularly on Zimbabwe, but draws on relevant comparative material from other postcolonial polities. Examples include but are not limited to African countries such as South Africa, Rwanda and Mozambique. European societies such as Northern Ireland, as well as other nations such as Guatemala are also considered. While amplifying the breadth of the subject of transitional justice, the book addresses the claim that transitional justice mechanisms in postcolonial countries are necessary if the rule of law and the credibility of the country’s legal institutions are to be restored. Drawing on postcolonial legal theory, and especially on analyses of the relationship between international law and imperialism, the book challenges the assumption that a domestic rule of law ‘deficit’ may be remedied with recourse to international law. Taking up the paradigmatic perception that international law is neutral and has fixed rules, it demonstrates how complex issues which arise during postcolonial transitions require a more critical adoption of transitional justice mechanisms.

Table of Contents

Contents

Acknowledgements

CHAPTER ONE

1INTRODUCTION

2.CHAPTER TWO

BASIC CONCEPTS OF THE STUDY AND A POSTCOLONIAL CRITIQUE

2.2 Part One: The Field of Transitional Justice

2.3 The ‘Justice’ part of ‘Transitional Justice.’

2.4 Locating the Critical Areas of the Research within the Transitional Justice Field.

2.5 Part Three: Critique, Transitional Justice and Postcolonial Theory

 

CHAPTER THREE

3. RULE OF LAW AND JUDICIAL INDEPENDENCE

3.1 Introduction

3.2 Normative Framework

3.3 Rule of Law and Judicial Independence in Transitions

3.4 The Postcolonial Context

3.5 Zimbabwe: The Rule of Law and Judicial Independence

3.6 How to read Zimbabwe’s experience with Rule of Law and Judicial Independence

3.7 Insights from Other Postcolonial Polities.

3.8 Conclusion

CHAPTER FOUR

4. LAND REFORM AND TRANSITIONAL JUSTICE

4.1 Introduction.

4. 2 Land Reform and Transitional Justice

4. 3 Zimbabwe: A Case Study

4.4 The Limits of International Law: how to read Zimbabwe’s Experience with Land Reform

4.5 Scope of the right to property, and limitations imposed on a sovereign state’s right to expropriate.

4.6 Appropriate redress for both colonial and postcolonial expropriations

4.7 Insights from other postcolonial polities.

4.8 Conclusion

CHAPTER FIVE

5. Minorities in Postcolonial Transitions

5.1 Introduction

5.2 Minorities and Transitional Justice

5.3 The Distinctive Features of Postcolonial Transitional Minority Questions

5.4 The Story of the Ndebele of Zimbabwe

5.5 How to read Zimbabwe’s experience with the Ndebele Question

5.6 Postcolonial Agency in Transitions

5.7 Conclusion

 

CHAPTER SIX

6 DEALING WITH THE LEGACY OF IMPUNITY

6.1 Introduction

6.2 Zimbabwe: The Context.

6. 3 How to read Zimbabwe’s Legacy of Impunity

6.4 Insights from other Postcolonial Polities

6.5 Conclusion

CHAPTER SEVEN

7. CONCLUSION

7.1 Overview & Contribution to Transitional Justice

7.2 The Definitional Issue

7.3 The Limitations of International Law

7.4 Hybridity

7.5 Further Research

 

About the Author

Khanyisela Moyo is based at the School of Law/ Transitional Justice Institute, University of Ulster, Northern Ireland,

About the Series

Transitional Justice

The study of transitional justice has emerged as one of the most diverse and intellectual exciting developments in the social sciences in the last two decades. From its origins in human rights activism and comparative political science the field is increasingly characterised by its geographic and disciplinary breadth. Routledge’s Transitional Justice series publishes innovative work across a range of disciplines working on transitional justice related topics: including law, sociology, criminology, psychology, anthropology, political science, development studies and international relations.

The series includes titles which address larger theoretical questions on transitional justice, including the intersection of notions such as justice, truth, accountability, impunity and the construction of transitional justice knowledge. It also contains critical and theoretically informed empirical work on the workings of institutions such as truth commissions, community based reconciliation, victim empowerment, ex-combatant demobilisation, or regional discussions on practical programmes in particular areas. Finally, the series covers the legal aspects of transitional justice; although, avoiding dry, overly technical or dull legal texts, it specialises in a style of legal scholarship that reflects the energy and vitality of this exciting field.

For further details on the series please contact the Series Editor.

Kieran McEvoy

Professor of Law and Transitional Justice

School of Law

Queens University Belfast

BT7 1NN

44 (0) 2890973873

k.mcevoy@qub.ac.uk

Learn more…

Subject Categories

BISAC Subject Codes/Headings:
LAW000000
LAW / General
LAW026000
LAW / Criminal Law / General
LAW051000
LAW / International
POL034000
POLITICAL SCIENCE / Peace
POL061000
POLITICAL SCIENCE / Genocide & War Crimes
SOC004000
SOCIAL SCIENCE / Criminology
SOC051000
SOCIAL SCIENCE / Violence in Society