Amnesties in Transition: Punishment, Restoration, and the Governance of Mercy

McEvoy, Kieran; Mallinder, Louise

doi:10.1111/j.1467-6478.2012.00591.x

Cited by 59 publications

(20 citation statements)

References 14 publications

(16 reference statements)

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“…No longer shall sexual violence “only” be excluded from amnesty provisions “where feasible.” It needs to be excluded in order to see sustainable peace, justice, truth, and national reconciliation (reiterated in UNSCR 2106 [2013]). As there is no direct prohibition of the use of amnesties in international law (McEvoy and Mallinder ), the exemption of “sexual crimes from amnesty provisions” is noteworthy. We take this to indicate the specific force that the fight against impunity has become for conflict‐related sexual violence in particular.…”

Section: End Impunity! How Conflict‐related Sexual Violence Is Reducementioning

confidence: 99%

End Impunity! Reducing Conflict-Related Sexual Violence to a Problem of Law

Houge

Lohne²

2017

Law Soc Rev

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Whilst sexual violence has been an offence associated both with war‐ and peacetime throughout history, its rise to the tables where international peace and security are negotiated, represents a significant shift. This article continues the scholarly conversation about conflict‐related sexual violence and its emergence as a “hot topic” on academic, political, and activist agendas. Specifically, we ask how and why criminal law constitutes the ultimately meaningful response to such violence. Building on frame analysis, we address how the fight against conflict‐related sexual violence has become the fight against impunity. We examine what imageries of victims and perpetrators, causes and consequences key actors within interstate diplomacy and human rights advocacy evoke to drive this development. We argue that these narratives shape the political discourse on conflict‐related sexual violence, which may in turn influence the perceived political maneuverability in the face of such harms.

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Section: End Impunity! How Conflict‐related Sexual Violence Is Reducementioning

confidence: 99%

End Impunity! Reducing Conflict-Related Sexual Violence to a Problem of Law

Houge

Lohne²

2017

Law Soc Rev

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“…Finally, and returning to McEvoy and Mallinder’s (2012: 412), contention that TJ is ‘marked by the inherent tensions between principle and pragmatism’, the mechanism put in place to locate the remains of the ‘disappeared’ spoke to the pragmatic side of this tension. The legislation remains – ‘an enormous compromise’.…”

Section: Resultsmentioning

confidence: 98%

“…Morgan, 2002) that the legislation established an amnesty for those involved in the murders and ‘disappearances’, this remains a point of contention. An amnesty is a negation of criminal and civil liability (Freeman and Pensky, 2012; McEvoy and Mallinder, 2012). This legislation did not provide such an unqualified guarantee of non-prosecution (Poole, 2009).…”

Section: ‘Disappearing’ Pre-legislation Negotiation and Quiet Diplomacymentioning

confidence: 99%

‘Quiet’ Transitional Justice: ‘Publicness’, Trust and Legitimacy in the Search for the ‘Disappeared’

Dempster¹

2019

Social & Legal Studies

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There is a pragmatic value to developing Transitional Justice (TJ) processes quietly. At first glance, such ‘quietness’ may seem to contradict the principles often associated with TJ, such as ‘publicness’, openness and the leaving behind of secrecy and silence. However, I argue that behind-the-scenes efforts and processes are an often-overlooked part of more public-facing TJ mechanisms, and that their quiet nature raises questions that should be more fully understood, particularly around the notions of trust and legitimacy. This article introduces the notion of ‘quiet’ TJ, drawing on the example of the establishment of the Independent Commission for the Location of Victims’ Remains – established to locate the remains of Northern Ireland’s ‘disappeared’. I argue that quiet diplomatic efforts in the development of legislation, and the ‘quiet’ passage of that legislation, facilitated the development of a workable mechanism which has, to a large extent, been effective, has facilitated (limited) truth recovery and the development of trust and can be argued to have legitimacy.

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“…They might also include restitution of those harmed (via a reparations programme), building stable state institutions, promoting liberal values and, perhaps counterintuitively, supporting the rule of law through amnesty rather than trials. 41 Like restorative justice, transformative justice is most likely to be valued principally for its results, that is, for the extent to which it brings about transformation. Such transformation includes consequences which tend to be overlooked by other approachesin particular challenges to gendered structures of power (a more far-reaching goal than just the participation of women in a justice process), the healing of trauma, and economic transformation or development.…”

Section: [B]the Value Of Justicementioning

confidence: 99%

Evaluating the Evaluators: Transitional Justice and the Contest of Values

Ainley¹

2017

International Journal of Transitional Justice

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Journal for providing generous and insightful feedback on the article during the review process and to participants at the 'Futures, Challenges and Transformations for Transitional Justice' workshop at the University of Minnesota Law School in 2016 for their comments on an earlier version. Recent work on transitional justice (TJ) has exposed the difficulties both of establishing agreement over what TJ is and of evaluating its effects. 1 This article contributes to scholarship on evaluating TJ by showing how differences in understandings of the nature and value of 'justice' in TJ affect the focus of scholarly research and interpretation of its results. TJ is understood here to be a series of (usually legalized) political practices, in line with others who recognize TJ as something more than simply a legal project. 2 Judgements of the successes, failures and impacts of TJ are part of this political practiceassessments affect the kinds of TJ programmes which will be implemented in future. As politics is fundamentally about negotiating values and interests, this article parses the values inherent in TJ evaluation (and, by implication, in much TJ practice). 3 The aim is not to present the 'right' values to hold in relation to TJ, but instead to think through the ways in which different value orientations lead to different appraisals of TJ programmes. The evaluation of evaluation (with 'evaluation' interpreted broadly heresee below) matters not just for academic reasons but also because TJ is increasingly commonplace. 4 Transitional mechanisms have been mooted for all current conflicts and recent postconflict states, and TJ attracts a high level of donor funding and nongovernmental organization (NGO) support. Indeed, Makau Mutua claims that 'in many circles, transitional justice has become an article of faith as a catalyst for reclaiming societies in political and social imbalance and dysfunction.' 5 There is considerable demand from practitioners for policy advice on which TJ mechanisms should be funded and how they should be designed, and scholars have a responsibility to ensure that advice given is justified by the

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Amnesties in Transition: Punishment, Restoration, and the Governance of Mercy

Cited by 59 publications

References 14 publications

End Impunity! Reducing Conflict-Related Sexual Violence to a Problem of Law

End Impunity! Reducing Conflict-Related Sexual Violence to a Problem of Law

‘Quiet’ Transitional Justice: ‘Publicness’, Trust and Legitimacy in the Search for the ‘Disappeared’

Evaluating the Evaluators: Transitional Justice and the Contest of Values

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