25 juillet 2013

OUVRAGE : M. Albertson Fineman, E. Zinsstag (eds.), Feminist Perspectives on Transitional Justice: From International and Criminal to Alternative Forms of Justice

Catherine MAIA

Truth-seeking mechanisms, international criminal law developments, and other forms of transitional justice have become ubiquitous in societies emerging from long years of conflict, instability and oppression and moving into a post-conflict, more peaceful era.

In practice, both top-down and bottom-up approaches to transitional justice are being formally and informally developed in places such as South Africa, Liberia, Peru, Chile, the Democratic Republic of Congo, Sierra Leone, Rwanda, the former Yugoslavia, and Northern Ireland. Many studies, conferences and debates have taken place addressing these developments and providing elaboration of theories relating to transition justice generally.

However, rarely have these processes been examined and critiqued through a feminist lens. The position of women, particularly their specific victimisation, typically has not been taken into account in any systematic manner. Seldom do commentators specifically consider whether the recently developed mechanisms for promoting peace and reconciliation will actually help the position of women in a society moving out of repression or conflict. This is unfortunate, since women’s issues are often overlooked and post-conflict societies, because they must rebuild, are ideally poised to introduce standards that would enable and ensure the active participation of the entire population, including women, in rebuilding a more stable, fair and democratic polity.

This book offers some insights into women’s perspectives and feminist views on the topic of transitional justice or ‘justice in transition’. Bringing feminism into the conversation allows us to expand the possibilities for a transformative justice approach after a period of conflict or insecurity, not by replacing it with feminist theory, but by broadening the scope and vision of the potential responses.

Introduction: Feminist Perspectives on Transitional Justice
Martha Albertson Fineman and Estelle Zinsstag


Chapter 1 - International Law and Domestic Gender Justice, or Why Case Studies Matter
Catherine O’Rourke

Chapter 2 - Advancing a Feminist Analysis of Transitional Justice
Fionnuala Ní Aoláin

Chapter 3 - Feminist Perspectives on Extraordinary Justice
David C. Gray and Benjamin A. Levin

Chapter 4 - Intersectionality: A Feminist Theory for Transitional Justice
Eilish Rooney


Chapter 5 - International Law, Crisis and Feminist Time
Mary H. Hansel

Chapter 6 - Justice as Practised by Victims of Confl ict: Post-World War II Movements as Sites of Engagement and Knowledge
Cheah Wui Ling

Chapter 7 - The Symbolic and Communicative Function of International Criminal Tribunals
Teresa Godwin Phelps


Chapter 8 - Sexual Violence Against Women in Armed Confl icts and Restorative Justice: An Exploratory Analysis
Estelle Zinsstag

Chapter 9 - Greensboro and Beyond: Remediating the Structural Sexism in Truth and Reconciliation Processes and Determining the Potential Impact and Benefi ts of Truth Processes in the United States
Peggy Maisel

Chapter 10 - Exclusion of Women in Post-Confl ict Peace Processes: Transitional Justice in Northern Uganda
Joseph Wasonga

Chapter 11 - Shift ing Paradigms for State Intervention: Gender-Based Violence in Cuba
Deborah M. Weissman


Chapter 12 - Beauty and the Beast: Gender Integration and the Police in Post-Conflict Bosnia and Herzegovina
Lisa R. Muftić and Azra Rašić

Chapter 13 - The Parallel Processes of Law and Social Change: Gender Violence and Work in the United States and South Africa
Julie Goldscheid

Chapter 14 - Neoliberalism’s Impact on Women: A Case Study in Creating Supply and Demand for Human Trafficking
Dina Francesca Haynes  

Feminist Perspectives on Transitional Justice

Martha ALBERTSON FINEMANEstelle ZINSSTAG (eds.), Feminist Perspectives on Transitional Justice: From International and Criminal to Alternative Forms of JusticeIntersentia, 2013 (362 pp.)

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