GSDRC newsfeed on Justice

Indigenous Inclusion/Black Exclusion: Race, Ethnicity and Multicultural Citizenship in Latin America

Juliet Hooker — Sat, 01 Jan 2005 00:00:00 GMT

Why is the landscape of citizenship so uneven across Latin America? Latin America exhibits high degrees of racial inequality and discrimination against Afro-Latinos and indigenous populations, despite constitutional and statutory measures prohibiting racial discrimination. The multicultural reforms of the 1980s and 1990s which brought many collective rights to indigenous groups have not, however, had the same impact on Afro-Latinos. This article from the Journal of Latin American Studies examines the region's multicultural citizenship regimes, and finds an emphasis on cultural difference or ethnic identity over race which disadvantages Afro-Latinos.

Social Exclusion, Social Isolation and the Distribution of Income

Brian Barry — Thu, 01 Jan 1998 00:00:00 GMT

While social exclusion is unquestionably closely associated with poverty, is it inextricably linked? Can a community marked by significant inequalities of power and status still be socially integrated? This paper from the Centre for Analysis of Social Exclusion discusses the relationships between social exclusion, justice and solidarity, with a particular focus on class systems within the USA and Britain. Despite varying income distribution, government policies targeting inequality and favouring social solidarity can promote an integrated society.

Law Overruled: Strengthening the Rule of Law in Post-Conflict States

Giovanni Bassu — Tue, 01 Jan 2008 00:00:00 GMT

What is meant by �the rule of law�, and how can it most effectively be promoted in post-conflict states? This article from Global Governance considers definitions, and outlines lessons from Kosovo and Haiti. Donors need to recognise rule of law reform as a political activity, and to harmonise as much as possible potentially contradictory elements: (a) local narratives and resources; and (b) the historical connection of the traditional �thick� version of the rule of law with a liberal democratic state.

Reconstruction and Peacebuilding Under Extreme Adversity: The Problem of Pervasive Corruption in Iraq

Robert E. Looney — Tue, 01 Jan 2008 00:00:00 GMT

How can corruption in Iraq be controlled? What forces are driving domestic corruption in the country? This article from the Journal of International Peacekeeping argues that corruption in Iraq is the product of three interrelated forces: the growth of the informal economy, the deterioration of social capital, and the evolving relationship between tribes, gangs and insurgents. To reduce the impact of corruption, oil revenues could be distributed directly to the public.

The Legacy of Four Vetting Programs: An Empirical Review

Caspar Fithen — Thu, 01 Jan 2009 00:00:00 GMT

How can vetting help to improve institutions undergoing transition? This paper from the International Centre for Transitional Justice reviews evidence from four country case studies, highlighting the important distinctions between post-conflict and post-authoritarian transitions. It argues that while vetting cannot be divorced from its institutional context, proper planning and commitment to long-term reform can override political obstacles.

Militarized Law Enforcement in Peace Operations: EUFOR in Bosnia and Herzegovina

Cornelius Friesendorf and Susan E. Penksa — Tue, 01 Jan 2008 00:00:00 GMT

What are the causes and problems of militarised law enforcement in peace operations? How can these be addressed? This paper from International Peacekeeping examines the role of the European Union Force (EUFOR) in Bosnia and Herzegovina (BiH). While the military can contribute to law enforcement, such involvement is generally hindered by fear of 'mission creep' and lack of preparedness. Preferable alternatives to military involvement (such as international civil police forces collaborating with local officials) are obstructed by lack of political will. Law enforcement should be addressed early and systematically by the deployment of robust forces that avoid excessive use of force.

Understanding Criminality in West African Conflicts

William Reno — Thu, 01 Jan 2009 00:00:00 GMT

What are the links between illicit commerce and political relationships in West Africa? How can a contexualised understanding of social relationships improve approaches to post-conflict statebuilding? This article from International Peacekeeping critiques the automatic criminalisation of armed networks, some of which have strong societal roots. It argues for a more nuanced understanding of the connection between illicit economic activities and violent conflict and a more pragmatic approach to post-conflict statebuilding. A strategy that selectively incorporates some networks, and targets the more predatory, is likely to be most effective.

Articulating the Links Between Transitional Justice and Development: Justice and Social Integration

Pablo de Greiff — Thu, 01 Jan 2009 00:00:00 GMT

What are the links and boundaries between transitional justice and development? What can transitional justice contribute to development? This book chapter published by the Social Science Research Council argues that transitional justice promotes social integration, and it is in this capacity that it overlaps with and may serve the interests of development. Transitional justice has a norm-affirming role, and can enhance recognition, trust, and political participation, helping to strengthen inclusive, participatory citizenship. Citizenship stands in both an instrumental and a constitutive relationship with justice and with development.

Context, Timing and the Dynamics of Transitional Justice: A Historical Perspective

Laurel Fletcher and Harvey Weinstein, with Jamie Rowen — Thu, 01 Jan 2009 00:00:00 GMT

This article from the Human Rights Quarterly questions the presumption that trials and/or truth commissions should be an early response in initiating a transitional justice process. A multi-factorial, qualitative analysis of seven case studies suggests the need for a fuller appreciation of the dynamic system in which transitional justice interventions occur. It is important to consider what the affected society wants and how a response can be tailored to the particular cultural, social, and economic contexts.

Selling Justice Short: Why Accountability Matters for Peace

Human Rights Watch — Thu, 01 Jan 2009 00:00:00 GMT

Sacrificing justice in the hope of securing peace is often projected as a more realistic route to ending conflict and bringing about stability than holding perpetrators to account. Yet this report draws on Human Rights Watch research to argue that the impact of justice is too often undervalued when weighing objectives in resolving a conflict. While there is no one formula suitable to all situations, a decision to ignore atrocities and to reinforce a culture of impunity may carry a high price.

Building Accountable Justice in Sierra Leone

Clare Castillejo — Thu, 01 Jan 2009 00:00:00 GMT

What are the main challenges and opportunities in building more accountable justice institutions in Sierra Leone? This Working Paper from the Fundación para las Relaciones Internacionales y el Diálogo Exterior is based on field research conducted in June 2008 and analyses five key components of accountability � access, equality, information, oversight and participation. The primary challenge for the justice system in Sierra Leone is capacity. Across all the justice institutions there is a serious lack of funds, skilled personnel and infrastructure. Capacity building is crucial and (re-)building the capacity of justice institutions provides important opportunities to strengthen their accountability by improving oversight and information systems, addressing barriers to access and discriminatory practices, and involving citizens in decision-making.

Negotiating Justice: Guidance for Mediators

Priscilla Hayner — Thu, 01 Jan 2009 00:00:00 GMT

What are the options for securing justice in peace negotiations? What role can mediators play in ensuring that peace agreements effectively address issues of justice? This report from the International Center for Transitional Justice and the Centre for Humanitarian Dialogue provides guidance on the parameters and policy options for justice in peace negotiations. Recent practice shows that there are ways of securing both justice and peace. While much depends on the negotiating parties, mediators can better equip themselves to offer advice to ensure stronger attention to justice issues in peace agreements.

The Political Economy of Corruption in Bosnia and Herzegovina

B. Divjak and M. Pugh — Tue, 01 Jan 2008 00:00:00 GMT

Governance structures instituted in Bosnia and Herzegovina (BiH) by the Dayton Peace Accord and the United Nations Office of the High Representative (OHR) have facilitated widespread corruption. This paper analyses structural and cultural factors which affect the relationship between corruption and the constitutional arrangements based on the Accords. Incentives such as social protection and income generation are needed to redress local level clientelism and ethno-national loyalties and replace social contracts forged by political elites.

The Transition to a Just Order - Establishing Local Ownership after Conflict: A Practitioners' Guide

A. S. Hansen, S. Wiharta, B. R. Claussen, S. Kjeksrud, Folke Bernadotte Academy — Mon, 01 Jan 2007 00:00:00 GMT

How should local ownership be promoted as part of justice and security sector reform? This handbook, by the Folke Bernadotte Academy, suggests ways of putting the principle of local ownership into practice. Transferring the responsibility for rule of law to local stakeholders is complicated but essential. It is important to build the capacity of local people to drive change and sustain efforts to strengthen the rule of law.

The Transition to a Just Order - Establishing Local Ownership after Conflict: A Policy Report

Annika S. Hansen, Sharon Wiharta, Folke Bernadotte Academy — Mon, 01 Jan 2007 00:00:00 GMT

The rule of law must be addressed as part of any effort to prevent, manage or resolve conflict. This report, by the Folke Bernadotte Academy, argues that local stakeholders should be given as much authority as possible in establishing the rule of law. Although the shape and pace of reform will vary in different areas of the justice and security sector, popular and political acceptance is indispensable to all stages of the transition in order for it to be consolidated.

The Challenges of Restoring Governance in Crisis and Post-Conflict Countries

Dennis A. Rondinelli — Mon, 01 Jan 2007 00:00:00 GMT

International assistance organisations are crucial to helping governments increase their capacity to perform essential functions during post-conflict recovery. This book, from the United Nations Department of Economic and Social Affairs (UNDESA) and the United Nations Development Programme (UNDP), examines the challenges of restoring effective governance in crisis and post-conflict countries. Because the challenges facing these countries are complex and varied, governments and international organisations cannot rely on universally applicable approaches to restoring governance.

Amnesty on Trial: Impunity, Accountability and the Norms of International Law

M Pensky — Tue, 01 Jan 2008 00:00:00 GMT

International criminal law is at a crossroads; how can it reconcile its desire to punish crimes against humanity with the use of domestic amnesties for achieving peace? This article from Ethics and Politics argues that the International Criminal Court's attitude towards domestic legal amnesties for international crimes will determine the extent to which international law embraces its role in embodying the ideals of democratic accountability and human rights. If international law does not distinguish itself by broadening its definition of justice beyond mere retribution and punishment, it risks losing the relevance and prominence it has fought so hard to achieve.

Addressing Gender-Based Violence: A Critical Review of Interventions

A. Morrison, M. Ellsberg, S. Bott — Mon, 01 Jan 2007 00:00:00 GMT

How can gender-based violence be reduced? How can access to justice and support for survivors be increased? This article from The World Bank Research Observer surveys knowledge of and responses to gender-based violence worldwide and highlights emerging good practices. Multiple interventions at different levels (individual, community, institutional, legal, and policy) appear to be necessary.

Legal and Judicial Rule of Law Work in Multi-Dimensional Peacekeeping Operations: Lessons Learned Study

Scott N Carlson — Sun, 01 Jan 2006 00:00:00 GMT

How can programmes for strengthening the rule of law be incorporated into post-conflict peacekeeping operations? This study by the United Nations Department of Peacekeeping Operations reviews recent experience with judicial and legal programming in UN peacekeeping operations. A balanced and holistic approach to rule of law reform, which also focuses on strengthening the judicial and legal system, is needed. Achieving a coherent 'one UN approach' to rule of law peacekeeping efforts is a priority.

Trials and Errors: Principle and Pragmatism in Strategies of International Justice

J Snyder, L Vinjamuri — Wed, 01 Jan 2003 00:00:00 GMT

How effective in preventing human rights abuses are tribunals for the perpetrators of atrocities? This article from International Security reviews recent post-conflict experiences and finds little evidence that trials successfully deter future violence. Prosecution according to universal standards risks causing more atrocities than it would prevent, because it pays insufficient attention to political realities. More pragmatic approaches based on political negotiation, selective amnesties and long-term institutional strengthening have a better chance of reducing tension and consolidating peaceful democracies.