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
PART 1 - FEMINIST PERSPECTIVES IN CONTEXTS
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
PART 2 - FEMINIST
LEGAL STRATEGIES AND THEIR CONSEQUENCES
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
PART 3 - EMERGING
ALTERNATIVES WITHIN TRANSITIONAL JUSTICE
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
PART 4 - CASE
STUDIES
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
Martha ALBERTSON FINEMAN, Estelle ZINSSTAG (eds.), Feminist Perspectives on Transitional Justice: From International and Criminal to Alternative Forms of Justice, Intersentia, 2013 (362 pp.)
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