Restorative justice is increasingly being applied to settings characterized by large-scale violence and human rights abuses. While many embrace this development as an important step in attempts to transform protracted conflict, there are a number of conceptual challenges in transporting restorative justice from a democratic setting to one which has been affected by mass victimisation or civil war. These include responding to the seriousness and scale of harms that have been caused, the blurred boundaries between victims and offenders, and the difficulties associated with holding someone to account and compelling reparative activities. Despite reams of paper being devoted to defining restorative justice within democratic settings (where the concept first emerged), restorative scholars have been slow to comment on the integration of restorative justice into the transitional justice discourse.
Restorative Justice in Transitional Settings brings together a number of leading scholars from around the world to respond to this gap by developing and further articulating restorative justice for transitional settings. These scholars push the boundaries of restorative justice to seek more effective approaches to addressing the causes and consequences of conflict and oppression in these diverse contexts. Each chapter highlights a limitation with current conceptions of restorative justice in the transitional justice literature and then suggests a way in which the limitation might be overcome.
This book has strong interdisciplinary value and will be of interest to criminologists, legal scholars, and those engaged with international relations and peace treaties.
Table of Contents
1. Restorative Justice as a Contested Response to Conflict and the Challenge of the Transitional Context: An Introduction (Kerry Clamp)
2.Clearing the Conceptual Haze: Restorative Justice Concepts in Transitional Settings (Kerry Clamp)
3. Exploring Restorative Justice in Situations of Political Violence: The Case of Ex-combatants in Colombia (Isabella Bueno, Stephan Parmentier and Elmar Weitekamp)
4. Restorative Justice and Reconciliation: The Missing Link in Transitional Justice (Wendy Lambourne)
5. Stalking the State: The State as a Stakeholder in Post-Conflict Restorative Justice (Jonathan Doak)
6. Participation as Restoration: The Current Limits of Restorative Justice for Victim Participants in International Criminal Trials (Ray Nickson)
7. Working across Frontiers in Northern Ireland: The Contribution of Community-based Restorative Justice to Security and Justice in Local Communities (Tim Chapman and Hugh Campbell)
8. Restorative Justice in Transitions: The Problem of ‘The Community’ and Collective Responsibility (Ami Harbin and Jennifer Llewellyn)
9. Harmonising Global Criminal Justice for Peacebuilding (Mark Findlay)
10. Learning to Scale up Restorative Justice (Jonathan Braithwaite)
11. When does Transitional Justice Begin and End? Colonised Peoples, Liberal Democracies and Restorative Justice (Chris Cunneen)
12. Towards a Transformative Vision of Restorative Justice for Transitional Contexts: Some Concluding Thoughts (Kerry Clamp)
Kerry Clamp is a Senior Lecturer in Criminology in the Department of Social Sciences and Psychology at the University of Western Sydney. She received her Ph.D. from the University of Leeds in 2010 and also holds degrees from the University of Sheffield and the University of South Africa. Her research agenda focuses on the intersections of restorative justice and transitional justice, and of restorative justice and policing.