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This book examines expectations for justice in transitional societies and how stakeholder expectations are ignored, marginalized and co-opted by institutions in the wake of conflict. Focusing on institutions that have adopted international criminal trials, the authors encourage us to ask not only whether expectations are appropriate to institutions, but whether institutions are appropriate expectations. Drawing upon a wide variety of sources, this volume demonstrates that a profound 'expectation gap' the gap between anticipated and likely outcomes of justice exists in transitional justice systems and processes. This 'expectation gap' requires that the justice goals of local communities be managed accordingly. In proposing a perspective of enhanced engagement, the authors argue for greater compromise in the expectations, goals and design of transitional justice. This book will constitute an important and valuable resource for students of scholars of transitional justice as wellas practitioners, particularly with regards to the design of transitional justice responses.
Examines and analyses justice practices after mass-conflict using a multi case study approach Explores how stakeholder expectations are ignored, marginalised, managed and co-opted by institutions in the wake of conflict Draws on a variety of data including numerous interviews with transitional justice practice practitioners Provides an interdisciplinary approach drawing on restorative justice, transitional justice, peace building and conflict transformation literature
Auteur
Ray Nickson is Assistant Professor and Program Director of Criminal Justice at the Center for Peacemaking and Conflict Studies, Fresno Pacific University, USA. He has previously worked in national security and as a barrister and solicitor specialising in criminal defence.
Alice Neikirk is a Visiting Researcher at the School of Archaeology and Anthropology, the Australian National University, Australia. She has also worked closely with refugees and victims of ethnic cleansing, examining the impact of humanitarian governance on their experiences of camps and resettlement.
Contenu
Chapter 1. Introduction.- Chapter 2. Courting Justice in Transitions.- Chapter 3. Expectations of the Tribunal and Chambers.- Chapter 4. Managing Expectations of the Tribunal and Chambers.- Chapter 5. The Media and Expectations of the Tribunal and Chambers.- Chapter 6. A Trying Paradigm.- Chapter 7. Reducing the Expectation Gap.- Chapter 8. Conclusion.