Building a Future on Peace and Justice: Studies on Transitional Justice, Peace and Development the Nuremberg Declaration on Peace and Justice

ISBN-13: 9783642099335 / Angielski / Miękka / 2010 / 572 str.

Kai Ambos; Judith Large; Marieke Wierda

Opis

Results of the 2007 Nuremberg Conference on Peace and Justice: Tensions between peace and justice have long been debated by scholars, practitioners and agencies including the United Nations, and both theory and policy must be refined for very practical application in situations emerging from violent conflict or political repression. Specific contexts demand concrete decisions and approaches aimed at redress of grievance and creation of conditions of social justice for a non-violent future. There has been definitive progress in a world in which blanket amnesties were granted at times with little hesitation. There is a growing understanding that accountability has pragmatic as well as principled arguments in its favour. Practical arguments as much as shifts in the norms have created a situation in which the choice is increasingly seen as "which forms of accountability" rather than a stark choice between peace and justice. It is socio-political transformation, not just an end to violence, that is needed to build sustainable peace. This book addresses these dilemmas through a thorough overview of the current state of legal obligations; discussion of the need for a holistic approach including development; analysis of the implications of the coming into force of the ICC; and a series of "hard" case studies on internationalized and local approaches devised to navigate the tensions between peace and justice.

Spis treści

Transitional Justice: The Legal Perspective.- Message from Mr. Ban Ki-moon, Secretary-General of the United Nations, for the Meeting on “Building a Future on Peace and Justice”.- Opening Speech by Federal Foreign Minister Dr. Frank-Walter Steinmeier (slightly abridged).- Building a Future on Peace and Justice: The International Criminal Court.- The Legal Framework of Transitional Justice: A Systematic Study with a Special Focus on the Role of the ICC.- The “New Law” of Transitional Justice*.- Exploring the Practice of States in Introducing Amnesties.- Peace Process Considerations: Mediation, Reconciliation and Development.- Justice Mechanisms and the Question of Legitimacy: The Example of Rwanda's Multi-layered Justice Mechanisms.- Reconciliation and Development.- Gender Justice and Reconciliation*.- Linking Mediation and Transitional Justice: The Use of Interest-Based Mediation in Processes of Transition*.- Specific Challenges in Pursuing Justice During or after Conflict.- Pursuing Justice in Ongoing Conflict: A Discussion of Current Practice.- Conflict Mediation and the ICC: Challenges and Options for Pursuing Peace with Justice at the Regional Level.- DDR and Reparations: Establishing Links Between Peace and Justice Instruments.- Transitional Justice in Bosnia and Herzegovina: Coherence and Complementarity of EU Institutions and Civil Society*.- Case Studies on Resolving Tensions between Peace and Justice.- Transitional Justice for Burundi: A Long and Winding Road.- Justice and Reconciliation in the Aftermath of the Civil War in Gorongosa, Mozambique Central*.- Foreign Aid to Transitional Justice: The Cases of Rwanda and Guatemala, 1995–2005*.- Colombia's Bid for Justice and Peace.- The Timing and the Scope of Reparation, Truth and Justice Measures: A Comparison of the Spanish, Argentinian and Chilean Cases.

O autorze

Kai Ambos, legal education at the universities of Freiburg, Oxford (UK) and Munich 1984 1990. First State Exam in Bavaria, 1990; Second State Exam in Baden-Wuerttemberg, 1994. LL.D. 1992 and Habilitation (Post-Doc) at the Ludwig-Maximilians-University of Munich, 2001 (venia legendi in Criminal Law, Criminal Procedure, Criminology, Comparative Law and Public International Law). Former senior research fellow at the Max-Planck Institute for Foreign and International Criminal Law and senior research assistant at the University of Freiburg im Breisgau, Germany. Acting Professor in Freiburg, summer term 2002 and winter term 2002/2003, Calls to chairs from the universities of Göttingen and Graz. Since May 2003 Chair of Criminal Law, Criminal Procedure, Comparative Law and International Criminal Law at the Georg-August-University Göttingen, Germany. Head of the Department of Foreign and International Criminal Law, Institute of Criminal Law and Justice at the University of Göttingen. Responsible for the Master Programs since April 2006. Judge at the District Court (Landgericht) of Lower Saxony in Göttingen since 24 March, 2006. Dean of Students of the Faculty of Law at the University of Göttingen between April 2008 and 2010.