Building a Future on Peace and Justice Studies on Transitional Justi
Results of the 2007 Nuremberg Conference on Peace and Justice: Tensions between peace and justice have long been debated by scholars, practitioners and agencies including the United Nations, and both theory and policy must be refined for very practical ap
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Kai Ambos · Judith Large · Marieke Wierda Editors
Building a Future on Peace and Justice Studies on Transitional Justice, Peace and Development The Nuremberg Declaration on Peace and Justice
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Editors Kai Ambos University of Göttingen Head Department for Foreign and International Criminal Law Chair for Criminal Law, Criminal Procedure Comparative Law and International Criminal Law Judge at the State Court Platz der Göttinger Sieben 5 37073 Göttingen Germany [email protected]
ISBN: 978-3-540-85753-2
Judith Large Lancaster University The Richardson Institute Bailrigg Lancaster LA1 4YD United Kingdom Special Advisor, Berghof Peace Support Berlin [email protected] Marieke Wierda Director, Prosecutions Program International Center of Transitional Justice 5 Hanover Square, Floor 24 New York, NY 10004 USA [email protected]
e-ISBN: 978-3-540-85754-9
Library of Congress Control Number: 2008935033 c Springer-Verlag Berlin Heidelberg 2009 This work is subject to copyright. All rights are reserved, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilm or in any other way, and storage in data banks. Duplication of this publication or parts thereof is permitted only under the provisions of the German Copyright Law of September 9, 1965, in its current version, and permission for use must always be obtained from Springer. Violations are liable to prosecution under the German Copyright Law. The use of general descriptive names, registered names, trademarks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. Printed on acid-free paper springer.com
Preface
I. Tensions between Peace and Justice have long been debated by scholars, practitioners and agencies, including those of the United Nations, and both theory and policy must be refined for very practical application in situations of emergence from violent conflict or political repression. Specific contexts demand concrete decisions and approaches aimed at the redress of grievance and creation of conditions for social justice and non-violent futures. Within the United Nations, discourse on ‘post-conflict’ justice originally grew out of the Nuremberg trials and focused on prosecutions for serious international crimes committed by an accused individual, placing accountability at the individual level and not on an entire nation. In international law, the responsibility lies with states to ensure individuals are held accountable, and also with the international community as a whole. This view holds that support for the rule of law and human rights norms cannot be established in a society while the perpetrators of crime enjoy impunity. This has been confirmed by the establishment of the International Criminal Court, whose jurisdiction extends to ongoing conflicts and whose work has gi
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