Amnesty, Human Rights and Political Transitions

Amnesty, Human Rights and Political Transitions

Author: Louise Mallinder

Publisher: Bloomsbury Publishing

ISBN: 9781847314574

Category: Political Science

Page: 598

View: 570

Amnesty laws are political tools used since ancient times by states wishing to quell dissent, introduce reforms, or achieve peaceful relationships with their enemies. In recent years, they have become contentious due to a perception that they violate international law, particularly the rights of victims, and contribute to further violence. This view is disputed by political negotiators who often argue that amnesty is a necessary price to pay in order to achieve a stable, peaceful, and equitable system of government. This book aims to investigate whether an amnesty necessarily entails a violation of a state's international obligations, or whether an amnesty, accompanied by alternative justice mechanisms, can in fact contribute positively to both peace and justice. This study began by constructing an extensive Amnesty Law Database that contains information on 506 amnesty processes in 130 countries introduced since the Second World War. The database and chapter structure were designed to correspond with the key aspects of an amnesty: why it was introduced, who benefited from its protection, which crimes it covered, and whether it was conditional. In assessing conditional amnesties, related transitional justice processes such as selective prosecutions, truth commissions, community-based justice mechanisms, lustration, and reparations programmes were considered. Subsequently, the jurisprudence relating to amnesty from national courts, international tribunals, and courts in third states was addressed. The information gathered revealed considerable disparity in state practice relating to amnesties, with some aiming to provide victims with a remedy, and others seeking to create complete impunity for perpetrators. To date, few legal trends relating to amnesty laws are emerging, although it appears that amnesties offering blanket, unconditional immunity for state agents have declined. Overall, amnesties have increased in popularity since the 1990s and consequently, rather than trying to dissuade states from using this tool of transitional justice, this book argues that international actors should instead work to limit the more negative forms of amnesty by encouraging states to make them conditional and to introduce complementary programmes to repair the harm and prevent a repetition of the crimes. David Dyzenhaus "This is one of the best accounts in the truth and reconciliation literature I've read and certainly the best piece of work on amnesty I've seen." Diane Orentlicher "Ms Mallinder's ambitious project provides the kind of empirical treatment that those of us who have worked on the issue of amnesties in international law have long awaited. I have no doubt that her book will be a much-valued and widely-cited resource."

Coercive Sanctions and International Conflicts

Coercive Sanctions and International Conflicts

Author: Mark Daniel Jaeger

Publisher: Routledge

ISBN: 9781315522395

Category: Political Science

Page: 254

View: 946

Perhaps the most common question raised in the literature on coercive international sanctions is: "Do sanctions work?" Unsurprisingly, the answer to such a sweeping question remains inconclusive. However, even the widely-presumed logic of coercive sanctions – that economic impact translates into effective political pressure – is not the primary driver of conflict developments. Furthermore, existing rationalist-economistic approaches neglect one of the most striking differences seen across sanctions conflicts: the occurrence of positive sanctions or their combination with negative sanctions, implicitly taking them as logically indifferent. Instead of asking whether sanctions work, this book addresses a more basic question: How do coercive international sanctions work, and more substantially, what are the social conditions within sanctions conflicts that are conducive to either cooperation or non-cooperation? Arguing that coercive sanctions and international conflicts are relational, socially-constructed facts, the author explores the (de-)escalation of sanctions conflicts from a sociological perspective. Whether sanctions are conducive to either cooperation or non-cooperation depends on the one hand on the meaning they acquire for opponents as inducing decisions upon mutual conflict. On the other hand, negative sanctions, positive sanctions, or their combination each contribute differently to the way in which opponents perceive conflict, and to its potential transformation. Thus, it is premature to ‘predict’ the political effectiveness of sanctions simply based on economic impact. The book presents analyses of the sanctions conflicts between China and Taiwan and over Iran’s nuclear program, illustrating how negative sanctions, positive sanctions, and their combination made a distinct contribution to conflict development and prospects for cooperation. It will be of great interest to researchers, postgraduates and academics in the fields of international relations, sanctions, international security and international political sociology.

North Korea in the New World Order

North Korea in the New World Order

Author: Kevin Magill

Publisher: Springer

ISBN: 9781349249817

Category: Political Science

Page: 221

View: 896

This book offers several perspectives on the contemporary position of North Korea. It examines, in the context of the post-Cold War order, US, European Union and British foreign policy to North Korea, and North Korean responses. It investigates the tensions that could develop in North Korean state and society as the country faces an increasingly market-oriented capitalist world and identifies the historical, political and ideological foundations of North Korean society and culture. The book is the work of a multidisciplinary team of scholars from Britain and the United States who work in the fields of anthropology, economics, history, international relations, social geography and sociology, most of whom have conducted first-hand research in North Korea. The book also contains contributions from policy-makers who have helped to form western policy towards North Korea.

Stopping Wars

Stopping Wars

Author: James D D Smith

Publisher: Routledge

ISBN: 9780429965661

Category: Political Science

Page: 309

View: 785

This is an attempt to catalogue the reasons why some wars are so difficult to stop - even when both sides want the fighting to end. Through detailed case studies, the book assesses the obstacles and points toward solutions for ending wars more quickly. Each chapter is devoted to a specific obstacle which the author analyzes and then illustrates with case studies, drawing on such conflicts as the Iran-Iraq War, the Gulf War and the Yugoslav wars. He assesses the role of third parties in trying to persuade people to stop fighting and examines what happens when obstacles to a cease-fire cannot be overcome.