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Institutions From Above And Voices From Below: A Comment On Challenges To Group-Conflict Resolution And Reconciliation, Laurel E. Fletcher
Institutions From Above And Voices From Below: A Comment On Challenges To Group-Conflict Resolution And Reconciliation, Laurel E. Fletcher
Laurel E. Fletcher
Fletcher explores how assumptions about justice have succeeded in establishing a new international consensus on necessary processes of rebuilding societies, some pitfalls of this approach, and recommendations for new directions for the field of transitional justice. A central assumption animating the moral, political, and legal cases for transitional justice is that those responsible for unleashing and conducting mass violence that devastates countries and the lives of civilian residents should not get away with their criminal acts. And further, supporters of justice assume that a legal response is necessary in order to promote reconciliation. He thinks that the appropriate role of …
Time For Justice: The Case For International Prosecutions Of Rape And Gender-Based Violence In The Former Yugoslavia, Kathleen M. Pratt, Laurel E. Fletcher
Time For Justice: The Case For International Prosecutions Of Rape And Gender-Based Violence In The Former Yugoslavia, Kathleen M. Pratt, Laurel E. Fletcher
Laurel E. Fletcher
This article begins with a brief overview of the historical invisibility of rape and other gender-based violence in international humanitarian and human rights discourse. It also describes the factual basis for prosecutions of rape and other forms of gender-based violence in the context of the former Yugoslavia. Finally, the authors examine relevant provisions of the Statute of the Tribunal, which under conventional and customary international law, provide the Tribunal with jurisdiction to prosecute rape and other forms of gender-based violence as international crimes. This section reviews the types of rapes and forms of gender-based violence captured by each statutorily defined …