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Edited by Mia Swart and Karin van Marle

The South African Truth and Reconciliation Commission was a noble attempt to begin to address the continuing traumatic legacy of Apartheid. This interdisciplinary collection critiques the work of the TRC 20 years since its establishment.
Taking the paralysing political and social crises of the mid-1990s in South Africa as starting point, the book contains a collection of responses to the TRC that considers the notions of crisis, judgment and social justice. It asks whether the current political and social crises in South Africa are linked to the country’s post-apartheid transitional mechanisms, specifically, the TRC.
The fact that the material conditions of the lives of many Apartheid victims have not improved, forms a major theme of the book. Collectively, the book considers the ‘unfinished business’ of the TRC.

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Edited by Ineta Ziemele

There has always been some discomfort about reservations in relation to international obligations of States applicable to individuals. This apprehension was once again brought to the forefront of the international normative process with General Comment No. 24 of the Human Rights Committee and the work of the International Law Commission on reservations to treaties.
This book is a contribution to the debate on reservations to human rights treaties. Several key questions are addressed. Can the reservations' regime, as codified in the 1969 Vienna Convention on the Law of Treaties, adequately address human rights relationships? Is there a danger of further fragmentation of international law if human rights treaties were to be treated differently as concerns the reservations'regime applicable to these treaties? Should the distinction be made between the validity of a reservation and the effects of a reservation found to be invalid? These and other questions continue to generate a variety of answers.

Burns Weston and Stephen Marks

The Future of International Human Rights analyzes and assesses emerging domains of international human rights law and practice, the development of which is part of the legacy of the Universal Declaration, and explores the viable pathways to the future that the Declaration opens up.



Published under the Transnational Publishers imprint.

Arlinda Rrustemi

enforcement and peace keeping through au missions, and reconstruction and development through focusing on security, emergency assistance, political governance, socio-economic reconstruction, human rights, justice, and reconciliation and women. They further deal with security sector reform ( ssr

REVIEW ESSAY: REPARATORY JUSTICE - A ROAD TO RECONCILIATION? ON THE ROLE OF REPARATIONS IN TRANSITIONAL JUSTICE THEORY.

Patricia B. Hayner. Unspeakable Truths: Confronting State Terror and Atrocity, Routledge, New York and London 2001. Ruti Teitel. Transitional Justice, Oxford and New York, Oxford University Press, 2000.

Siri Gloppen

TRANSITIONAL JUSTICE - ADDRESSING FORMER REGIME ATROCITIES Societies traumatised and divided by a history of massive human rights violations face a common problem: how should this past be dealt with in order to advance social and political reconciliation and lay the foundations for democratic

Post-TRC Prosecutions in South Africa

Accountability for Political Crimes after the Truth and Reconciliation Commission’s Amnesty Process

Ole Bubenzer

After the transition to democracy in 1994, South Africa implemented an innovative scheme at the Truth and Reconciliation Commission, granting perpetrators conditional amnesty. It essentially calls for the prosecution of those who did not receive amnesty for the crimes they committed during the apartheid conflict. This book provides the first comprehensive analysis of prosecutions after the amnesty process. Drawing on interviews with key protagonists and largely unpublished documents, the volume analyses trials and the political background. It scrutinises the issue in the normative framework of national and international human rights law, and addresses whether the prosecutions were adequately carried out. The study thus allows a concluding evaluation of the justice and consistency of South Africa’s internationally acclaimed amnesty process.

Jus Post Bellum

Restraint, Stabilisation and Peace

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Edited by Patrick Mileham

Jus Post bellum: Restraint, Stabilisation and Peace seeks to answer the question “is restraint in war essential for just, lasting peace”?
With a foreword by Professor Brian Orend who asserts this as “a most commendable subject” in extending Just War Theory, the book contains chapters on the ethics of war-fighting since the end of the Cold War and a look into the future of conflict. From the causes of war, with physical restraint and reconciliation in combat and political settlement, further chapters written by expert academics and military participants cover international humanitarian law, practicalities of the use of force and some of the failures in achieving safe and lasting peace in modern-day theatres of conflict.

Edited by Christopher Eisgruber

The rise of international human rights during the last half of the twentieth century has transformed traditional notions of sovereignty. No longer is international law concerned almost exclusively with external relations among states and their representatives. Now, it imposes substantial restrictions on the domestic affairs of states and protects ordinary persons against mistreatment by their own government. The change came about in response to the Holocaust and the century’s other great tragedies. Few doubt its value. Nevertheless, power exercised in the name of human rights can be misused or abused. As human rights institutions matured, and as international organizations intervened more vigorously on a global scale, human rights advocates and their critics worried about whether quests to vindicate supposedly universal human rights might sometimes impose western, first-world norms on cultures that did not want them. In this volume, internationally noted scholars collaborate to address issues about human rights and local culture from philosophical, legal, anthropological and sociological perspectives. Their essays focus on topics including self-determination, religion, truth & reconciliation commissions, and sexual mores.

Does God Believe in Human Rights?

Essays on Religion and Human Rights

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Edited by Nazila Ghanea-Hercock, Alan Stephens and Ralph Walden

Where can religions find sources of legitimacy for human rights? How do, and how should, religious leaders and communities respond to human rights as defined in modern International Law? When religious precepts contradict human rights standards - for example in relation to freedom of expression or in relation to punishments - which should trump the other, and why? Can human rights and religious teachings be interpreted in a manner which brings reconciliation closer? Do the modern concept and system of human rights undermine the very vision of society that religions aim to impart? Is a reference to God in the discussion of human rights misplaced? Do human fallibilities with respect to interpretation, judicial reasoning and the understanding of human oneness and dignity provide the key to the undeniable and sometimes devastating conflicts that have arisen between, and within, religions and the human rights movement?
In this volume, academics and lawyers tackle these most difficult questions head-on, with candour and creativity, and the collection is rendered unique by the further contributions of a remarkable range of other professionals, including senior religious leaders and representatives, journalists, diplomats and civil servants, both national and international. Most notably, the contributors do not shy away from the boldest question of all - summed up in the book's title.
The thoroughly edited and revised papers which make up this collection were originally prepared for a ground-breaking conference organised by the Clemens Nathan Research Centre, the University of London Institute of Commonwealth Studies and Martinus Nijhoff/Brill.