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Acknowledgements viii
List of Abbreviations x
Peace and Justice: An introduction 1
Transitional/Post-Conflict Justice 3
Risks and Dangers 8
Context, Context and Context 10
The Book 14
The Nuremberg Legacy 18
Nuremberg and Tokyo 18
International Humanitarian Law post-1945 22
International Criminal Law (ICL) 24
Human Rights Law 25
Conclusion 28
Ad hoc International Criminal Tribunals: The ICTY and ICTR 30
International Judicial Intervention 31
Establishing a Court and Launching Investigations 34
Jurisdiction and Procedure 37
State Cooperation and Judicial Assistance 39
Justice, Peace and Reconciliation 43
Conclusion 51
The Yugoslav War 53
Rwanda 54
The International Criminal Court 58
Establishing the Court: The Rome Statute 59
Jurisdiction and Admissibility 61
Applicable Law 62
The 'Essential Paradox' of Complementarity 63
The Role of theProsecutor 64
The Relationship with the Security Council 65
The United States and the ICC 66
International Criminal Justice and International Peace and Security 67
Engaging the Local Population and Meeting Victims' Needs 68
Peace and Justice? 69
Conclusion 71
Situations and cases 72
Universal jurisdiction 77
'Internationalized' Courts 80
A New Breed of Tribunal? 81
Justice, Peace and Reconciliation 89
Conclusion 94
The Special Court for Sierra Leone 95
Regulation 64 Panels in Kosovo 97
Special crime panels in Timor-Leste 99
'Extraordinary chambers' in Cambodia 101
Domestic Trials 104
Rights and Obligations in International Law 105
Judicial Reform: A Primary Hurdle for Domestic Trials 107
Political and Practical Obstacles to Domestic Trials 109
Benefits of Domestic Trials 120
Conclusion 122
Rwanda 123
The Indonesian ad hoc Human Rights Court 124
The Supreme Iraqi Criminal Tribunal 126
Truth Commissions 128
Definitional Clarity 129
Design and Resources 130
'Truth' and 'Reconciliation' 133
Restorative Justice: Healing and Retraumatization 136
Additional Benefits and Limitations of Truth Commissions 138
Conclusion 145
The Truth and Reconciliation Commission in the DRC 146
The Truth and Reconciliation Commission in South Africa 148
The Commission on the Truth for El Salvador 149
Traditional Informal Justice Mechanisms 151
Conceptual Clarity 152
The Context of TIJM 155
Dealing with Past Crimes: Challenges of TIJM 156
Promoting Reconciliation 164
Conclusion 167
Timor-Leste 169
Gacaca courts in Rwanda 171
Conclusion 173
Justice, Peace and Reconciliation 174
Capacity-building and the Rule of Law 176
Context 178
Engaging the Local Population 180
Integrated and Complementary Approaches 180
Managing Expectations and Setting Realistic Goals 181
Notes 183
Selected Bibliography 217
Index 233
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Add Peace and Justice: Seeking Accountability after War, In recent years there has been a tendency to intervene in the military, political and economic affairs of failed and failing states and those emerging from violent conflict. In many cases this has been accompanied by some form of international judicial in, Peace and Justice: Seeking Accountability after War to your collection on WonderClub |