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Contested spaces of transitional justice: legal empowerment in global post-conflict contexts revisited

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Contested spaces of transitional justice : legal empowerment in global post-conflict contexts revisited. / Robins, Simon; Kurze, Arnuad; Lamont, Christopher.

In: The International Journal of Human Rights, Vol. 19, No. 3, 2015, p. 260-276 .

Research output: Contribution to journalArticlepeer-review

Harvard

Robins, S, Kurze, A & Lamont, C 2015, 'Contested spaces of transitional justice: legal empowerment in global post-conflict contexts revisited', The International Journal of Human Rights, vol. 19, no. 3, pp. 260-276 . https://doi.org/10.1080/13642987.2015.1029342

APA

Robins, S., Kurze, A., & Lamont, C. (2015). Contested spaces of transitional justice: legal empowerment in global post-conflict contexts revisited. The International Journal of Human Rights, 19(3), 260-276 . https://doi.org/10.1080/13642987.2015.1029342

Vancouver

Robins S, Kurze A, Lamont C. Contested spaces of transitional justice: legal empowerment in global post-conflict contexts revisited. The International Journal of Human Rights. 2015;19(3):260-276 . https://doi.org/10.1080/13642987.2015.1029342

Author

Robins, Simon ; Kurze, Arnuad ; Lamont, Christopher. / Contested spaces of transitional justice : legal empowerment in global post-conflict contexts revisited. In: The International Journal of Human Rights. 2015 ; Vol. 19, No. 3. pp. 260-276 .

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@article{94d998e6a3154dff853d3c8d1a066484,
title = "Contested spaces of transitional justice: legal empowerment in global post-conflict contexts revisited",
abstract = "This article critically examines the concept of legal empowerment as it has been used with reference to transitional justice, mapping its rise and impact based on a selection of case studies. In recent decades, international transitional justice advocacy has evolved dramatically, with practice increasingly emphasising the centrality of criminal accountability for violence, precisely as more holistic approaches have emerged that have broadened the remit of transitional justice. Post-conflict justice advocates have thus become professionalized transitional justice entrepreneurs working on issues such as democratic transitions, rule of law, and human rights. A legal empowerment discourse has emerged in a number of scholarly debates that discuss legalistic and normative issues related to the implementation of retributive and restorative justice mechanisms. In theory, the concept of legal empowerment addresses the issue of social exclusion in transitions, increasing the rights of the marginalized. In practice, however, legal empowerment has disappointed and raises several issues around its performance that are scrutinized in this article. Drawing on case studies in Nepal, Tunisia, and Bosnia-Herzegovina the authors analyse issues related to agency, institutions and structure, and argue for a needs-centred, participatory approach in place of the rights-based legal empowerment concept. ",
author = "Simon Robins and Arnuad Kurze and Christopher Lamont",
note = "{\textcopyright} 2015 Taylor & Francis. This is an author-produced version of the published paper. Uploaded in accordance with the publisher{\textquoteright}s self-archiving policy. Further copying may not be permitted; contact the publisher for details",
year = "2015",
doi = "10.1080/13642987.2015.1029342",
language = "English",
volume = "19",
pages = "260--276 ",
journal = "The International Journal of Human Rights",
issn = "1364-2987",
publisher = "Routledge",
number = "3",

}

RIS (suitable for import to EndNote) - Download

TY - JOUR

T1 - Contested spaces of transitional justice

T2 - legal empowerment in global post-conflict contexts revisited

AU - Robins, Simon

AU - Kurze, Arnuad

AU - Lamont, Christopher

N1 - © 2015 Taylor & Francis. This is an author-produced version of the published paper. Uploaded in accordance with the publisher’s self-archiving policy. Further copying may not be permitted; contact the publisher for details

PY - 2015

Y1 - 2015

N2 - This article critically examines the concept of legal empowerment as it has been used with reference to transitional justice, mapping its rise and impact based on a selection of case studies. In recent decades, international transitional justice advocacy has evolved dramatically, with practice increasingly emphasising the centrality of criminal accountability for violence, precisely as more holistic approaches have emerged that have broadened the remit of transitional justice. Post-conflict justice advocates have thus become professionalized transitional justice entrepreneurs working on issues such as democratic transitions, rule of law, and human rights. A legal empowerment discourse has emerged in a number of scholarly debates that discuss legalistic and normative issues related to the implementation of retributive and restorative justice mechanisms. In theory, the concept of legal empowerment addresses the issue of social exclusion in transitions, increasing the rights of the marginalized. In practice, however, legal empowerment has disappointed and raises several issues around its performance that are scrutinized in this article. Drawing on case studies in Nepal, Tunisia, and Bosnia-Herzegovina the authors analyse issues related to agency, institutions and structure, and argue for a needs-centred, participatory approach in place of the rights-based legal empowerment concept.

AB - This article critically examines the concept of legal empowerment as it has been used with reference to transitional justice, mapping its rise and impact based on a selection of case studies. In recent decades, international transitional justice advocacy has evolved dramatically, with practice increasingly emphasising the centrality of criminal accountability for violence, precisely as more holistic approaches have emerged that have broadened the remit of transitional justice. Post-conflict justice advocates have thus become professionalized transitional justice entrepreneurs working on issues such as democratic transitions, rule of law, and human rights. A legal empowerment discourse has emerged in a number of scholarly debates that discuss legalistic and normative issues related to the implementation of retributive and restorative justice mechanisms. In theory, the concept of legal empowerment addresses the issue of social exclusion in transitions, increasing the rights of the marginalized. In practice, however, legal empowerment has disappointed and raises several issues around its performance that are scrutinized in this article. Drawing on case studies in Nepal, Tunisia, and Bosnia-Herzegovina the authors analyse issues related to agency, institutions and structure, and argue for a needs-centred, participatory approach in place of the rights-based legal empowerment concept.

U2 - 10.1080/13642987.2015.1029342

DO - 10.1080/13642987.2015.1029342

M3 - Article

VL - 19

SP - 260

EP - 276

JO - The International Journal of Human Rights

JF - The International Journal of Human Rights

SN - 1364-2987

IS - 3

ER -