Facing the Past: Amending Historical Injustices Through Instruments of Transitional Justice

doi:10.1017/9781780685267

How do societies at the national and international level try to overcome historical injustices? What remedies did they develop to do justice to victims of large scale atrocities? And even more important: what have we learned from the implementation of these so-called instruments of transitional justice in practice? Lawyers, socials scientists and historians have published shelves full of books and articles on how to confront the past through international criminal tribunals, truth commissions, financial compensation schemes and other instruments of retributive/punitive and restorative justice. A serious problem continues to be that broad interdisciplinary accounts that include both categories of measures are still hardly available. With this volume a group of international experts in the field endeavors to fill this gap, and even more. By alternating historical overviews with critical assessments this volume does not only offer an extensive introduction to the world of transitional justice, but also food for thought concerning the effectiveness of the remedies it offers to face the past successfully. 'This synthetic volume is a comprehensive introduction to the various facets of the field of historical injustice of which transnational justice is its best known manifestation. This practical and thoughtful publication addresses critical aspects that challenge the goal of redressing the past as these are presented in scholarship, advocacy and policy. The book delves into questions from justice to ethics and to education and would be useful for students as well as policy makers.' Elazar Barkan, Columbia University'This is a superb reference work on Transitional Justice, covering nearly all of the general questions regarding the various mechanisms in its toolbox, and the combinations thereof, and including case studies and pending cases. It provides expert analyses of transitional justice in post-conflict, post-authoritarian, and democratic states, presenting problems and solutions. The subjects broadly range from apologies to corporate complicity, to America's self-proclaimed exceptionalism when it comes to confronting onerous chapters of its past. In recent years, a number of problematic cases have emerged that will require us to re-think the transitional justice toolbox - this volume offers a solid basis from which to depart'Nanci Adler, University of Amsterdam.

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Contents

Frontmatter
pp i-iv
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Acknowledgements
pp v-vi
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Contents
pp vii-viii
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PART I - TRANSITIONAL JUSTICE. WHAT'S IN THE NAME?
pp 1-2
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Introduction
pp 3-26
- By Peter Malcontent, Assistant Professor, History of International Relations Department and program leader of the Master program International Relations in Historical Perspective, Utrecht University, the Netherlands.
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Do Bystanders Exist?
pp 27-42
- By Fred Grünfeld, Before his retirement in 2014 Fred Grünfeld was Associate Professor at Maastricht University and Professor of Causes on Gross Human Rights Violations at Utrecht University, the Netherlands.
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The Marketisation of Historical Injustice
pp 43-56
- By Duco Hellema, Emeritus Professor, History of International Relations Department, Utrecht University, the Netherlands.
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PART II - RETRIBUTIVE JUSTICE
pp 57-58
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Introduction
pp 59-90
- By Peter Malcontent, Assistant Professor, History of International Relations Department and program leader of the Master program International Relations in Historical Perspective, Utrecht University, the Netherlands.
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Pacting the Law within Politics. Lessons from the International Criminal Court's First Investigations
pp 91-114
- By Kenneth A. Rodman, William R. Cotter Distinguished Teaching Professor of Government and the Director of the Oak Institute for the Study of International Human Rights at Colby College, USA.
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National and Hybrid Tribunals. Benefits and Challenges
pp 115-138
- By Brianne McGonigle Leyh, Assistant Professor, Netherlands Institute of Human Rights (SIM), Utrecht University, the Netherlands.
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Beyond the Courtroom. The Objectives and Experiences of International Justice at the Grassroots
pp 139-166
- By David Taylor, Head of Mission, Impunity Watch (Burundi) and Researcher, University of Maastricht.
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From Gacaca to Mato Oput. Pragmatism and Principles in Employing Traditional Dispute Resolution Mechanisms
pp 167-186
- By Barbara Oomen, Professor of Law, Utrecht University and Dean Roosevelt University College, Middelburg, the Netherlands.
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Dealing with Organisations and Corporations
pp 187-202
- By Cedric Ryngaert, Professor of Public International Law and program leader of the Master Public International Law, Utrecht University, the Netherlands.
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PART III - RESTORATIVE JUSTICE
pp 203-204
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Introduction
pp 205-224
- By Peter Malcontent, Assistant Professor, History of International Relations Department and program leader of the Master program International Relations in Historical Perspective, Utrecht University, the Netherlands.
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The Whole Truth and Nothing but the Truth? On the Role of Truth Commissions in Facing the Past
pp 225-246
- By Stephan Parmentier, Professor of Sociology of Crime, Law and Human Rights, Head of Department of Criminal Law and Criminology, Catholic University of Leuven, Belgium; Secretary-General of the International Society for Criminology; Founder and general editor of the Intersentia international book Series on Transitional Justice., Monica Aciru, Doctoral researcher on the topic of ‘Transitional Justice in Practice. Truth Commissions and Policies of Victim Reparations’, Catholic University of Leuven, Belgium.
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Official Apologies
pp 247-264
- By Rhoda E. Howard-Hassmann, Canada Research Chair in International Human Rights, Balisillie School of International Affairs, Waterloo, Canada.
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Financial Compensation as a Political Process
pp 265-284
- By Peter Malcontent, Assistant Professor, History of International Relations Department and program leader of the Master program International Relations in Historical Perspective, Utrecht University, the Netherlands.
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Education in the Shadow of History. Education, History Education, and Their Place in Historical Justice
pp 285-302
- By Elizabeth A. Cole, Senior Program Officer at the Center of Applied Research on Conflict at the United States Institute of Peace, Washington, US.
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Governing through Repair. Historical Injustices and Indigenous Peoples in Canada
pp 303-320
- By Andrew Woolford, Professor and Criminology and Social Justice Research Coordinator, Department of Sociology, University of Manitoba, Winnipeg, Canada.
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PART IV - PENDING CASES
pp 321-322
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The Unfulfilled Promise of Protection. The Netherlands and Srebrenica
pp 323-338
- By Christ Klep, Assistant Professor, History of International Relations Department, Utrecht University and Assistant Professor Military History, University of Amsterdam, the Netherlands.
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Facing the Armenian Genocide. A History of Denial and Politics
pp 339-360
- By Peter Malcontent, Assistant Professor, History of International Relations Department and program leader of the Master program International Relations in Historical Perspective, Utrecht University, the Netherlands.
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The United States and Torture. The Politics of Transitional Ju
pp 361-386
- By David P. Forsythe, Emeritus University Professor and Charles J. Mach Distinguished Professor, Department of Political Science, University of Nebraska, Lincoln, USA.
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Author Information
pp 387-388
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Facing the Past

Amending Historical Injustices Through Instruments of Transitional Justice

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Contents

Frontmatter
pp i-iv

Acknowledgements
pp v-vi

Contents
pp vii-viii

PART I - TRANSITIONAL JUSTICE. WHAT'S IN THE NAME?
pp 1-2

Introduction
pp 3-26

Do Bystanders Exist?
pp 27-42

The Marketisation of Historical Injustice
pp 43-56

PART II - RETRIBUTIVE JUSTICE
pp 57-58

Introduction
pp 59-90

Pacting the Law within Politics. Lessons from the International Criminal Court's First Investigations
pp 91-114

National and Hybrid Tribunals. Benefits and Challenges
pp 115-138

Beyond the Courtroom. The Objectives and Experiences of International Justice at the Grassroots
pp 139-166

From Gacaca to Mato Oput. Pragmatism and Principles in Employing Traditional Dispute Resolution Mechanisms
pp 167-186

Dealing with Organisations and Corporations
pp 187-202

PART III - RESTORATIVE JUSTICE
pp 203-204

Introduction
pp 205-224

The Whole Truth and Nothing but the Truth? On the Role of Truth Commissions in Facing the Past
pp 225-246

Official Apologies
pp 247-264

Financial Compensation as a Political Process
pp 265-284

Education in the Shadow of History. Education, History Education, and Their Place in Historical Justice
pp 285-302

Governing through Repair. Historical Injustices and Indigenous Peoples in Canada
pp 303-320

PART IV - PENDING CASES
pp 321-322

The Unfulfilled Promise of Protection. The Netherlands and Srebrenica
pp 323-338

Facing the Armenian Genocide. A History of Denial and Politics
pp 339-360

The United States and Torture. The Politics of Transitional Ju
pp 361-386

Author Information
pp 387-388

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Facing the Past

Amending Historical Injustices Through Instruments of Transitional Justice

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