Transitional Justice  book cover
1st Edition

Transitional Justice

ISBN 9781472450418
Published August 31, 2016 by Routledge
630 Pages

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Book Description

This collection on transitional justice sits as part of a library of essays on different concepts of ’justice’. Yet transitional justice appears quite different from other types of justice and fundamental ambiguities characterise the term that raise questions as to how it should sit alongside other concepts of justice. This collection attempts to capture and portray three different dimensions of the transitional justice field. Part I addresses the origins of the field which continue to bedevil it. Indeed the origins themselves are increasingly debated in what is an emergent contested historiography of the field that assists in understanding its contemporary quirks and concerns. Part II addresses and sets out parts of the ’tool-kit’ of transitional justice, which could be understood as the canonical research agenda of the field. Part III tries to convey a sense of the way in which the field is un-folding and extending to new transitions, tools, theories of justice, and self-critique.

Table of Contents

Transitional Justice

edited by Christine Bell

Part I: Origins and Conceptions of Transitional Justice

i. Transitional justice and authoritarianism

1. How "Transitions" Reshaped Human Rights: A Conceptual History of Transitional Justice’, Human Rights Quarterly, 31, 2009, pp. 321-63.

2. Human Rights in Transition: Transitional Justice Genealogy, Harvard Human Rights Journal, 16, 2003, pp. 69-94.

(ii) Transitional justice and conflict

3. Justice Discourses in Transition, Social & Legal Studies, 13, 2004, pp. 305-28.

4. United Nations, The Rule of Law and Transitional Justice in Conflict and Post-conflict Societies: Report of the Secretary-General, UN Doc. S/2004/616, 2004, pp. 3-24.

(iii) Transitional Justice in Practice

5. Introduction: The Global Celebration of Transitional Justice and the East Timor Reality, in The Dynamics of Transitional Justice: International Models and Local Realities in East Timor, 2012, pp. 3-21.

(iv) Transitional Justice and Amnesty

6. "Settling Accounts" Revisited: Reconciling Global Norms with Local Agency International Journal of Transitional Justice, 1, 2007, 10-22.

7. Concurring opinion of Judge Diego Garcia-Sayán, Judgement of the Inter-American Court of Human Rights, Case of The Massacre of El Mozote and Nearby Places v El Salvador of October 25, 2012.

Part II: Transitional Justice ‘Tool-kit’ or Conception of Justice?

(i) Transitional justice and trials

8. Between Impunity and Show Trials, Max Planck Yearbook of United Nations Law, 6, 2002, pp. 1-35.

9. Review Symposium of Kathryn Sikkink's The Justice Cascade: How Human Rights Prosecutions Are Changing World Politics, Journal of Human Rights, 11, 2012, pp. 283-88

(ii) Transitional justice and truth commissions

10. Confronting Past Crimes: Transitional Justice and the Phenomenon of Truth Commissions, Unspeakable Truths: Transitional Justice and the Challenge of Truth Commissions, 2011, pp. 7-19.

11. Memory Frictions: Localizing the Truth and Reconciliation Commission in Sierra Leone, International Journal of Transitional Justice 1, 2007, pp. 183-207.

(iii) Transitional justice and vetting#

12. Vetting and Transitional Justice in Alexander Mayer-Riechk and Pablo de Grieff (eds), Justice as Prevention: Vetting Public Employees in Transitional Societies, 2007, pp. 523-44.

(iv) Transitional justice and reparations

13. Reparations in the Aftermath of Repression and Mass Violence in Eric Stover and Harvey M. Weinstan (eds), My Neighbor, My Enemy: Justice and Community in the Aftermath of Mass Atrocity, 2004, pp. 121-39.

14. Gender and Collective Reparations in the Aftermath of Conflict and Political Repression in Ruth Rubio-Marín (ed), The Gender of Reparations, 2009, pp. 381-402.


(v) Transitional Justice and Apology

15. Introduction in Mihaela Mihai and Mathias Thaler (eds), On the Uses and Abuses of Political Apologies, 2014, pp. 1-4.

16. Political Apologies and Categorical Apologies in Mihaela Mihai and Mathias Thaler (eds), On the Uses and Abuses of Political Apologies, 2014, pp. 32-51.

(vi) Transitional Justice and Reconciliation

17. Reconciliation as Ideology and Politics, Constellations, 15, 2008, pp. 249-64.

Part III: The Permeable Boundaries of Transitional Justice

(i) In what Transitions?

18. Transitional Justice and Ongoing Conflict, in Chandra Lekha Sriram, Jemima Garcia-Godos, Olga Martin-Ortega and Johanna Herman (eds), Transitional Justice and Peacebuilding on the Ground: Victims and Ex-combatants, 2012, pp. 41-60.

19. Transitions in the Middle East and North Africa: New Trajectories and Challenges for Transitional Justice? in Kirsten J. Fisher and Robert Stewart (eds), Transitional Justice and the Arab Spring, 2014, pp. 226-30

20. Inescapable Networks of Mutuality: The Making of Transitional Justice in the United States in Remaking Transitional Justice in the United States: The Rhetorical, 2012, pp. 127-48

(ii) For what wrongs?

21. Justice for What?: Recognising a Web of Gender-based Harms Against Women in Transitional Justice, in Gender Politics in Transitional Justice, 2013, pp. 37-59

22. Anticipating the Past: Transitional Justice and Socio-Economic Wrongs in Social and Legal Studies, 21, 2012, pp. 171-86.

23. Plunder and Pain: Should Transitional Justice Engage with Corruption and Economic Crimes? in International Journal of Transitional Justice, 2, 2008, pp. 310-30.

(i) To what Political Ends?

24. Justice After the War: The International Criminal Court and Post-Gaddafi Libya in Kirsten J. Fisher and Robert Stewart (eds), Transitional Justice and the Arab Spring, 2014, pp. 188-207.

25. Transitional Justice as Global Project: Critical Reflections, Third World Quarterly, 29, 2009, 275-89.

26. The Violence of Peace: Ethnojustice in Northern Uganda, Development and Change, 45, 2014, 608-30.

27. On TJ Entrepreneurs and the Production of Victims, Journal of Human Rights Practice, 2, 2010, 208-28.

(ii) With what effect?

28. Impact Assessment, Not Evaluation: Defining a Limited Role for Positivism in the Study of Transitional Justice, International Journal of Transitional Justice, 2010, 4, 2010, 355-76.

29. "Show Me Your Impact": Evaluating Transitional Justice in Contested Spaces, Evaluation and Program Planning, 35, 2010, 199–205

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Christine Bell is Professor of Constitutional Law, University of Edinburgh, UK.