The unearthing of the archives renewed fierce debates about history, memory, and justice. In Paper Cadavers, Weld explores Guatemala's struggles to manage this avalanche of evidence of past war crimes, providing a firsthand look at how postwar justice activists worked to reconfigure terror archives into implements of social change. Tracing the history of the police files as they were transformed from weapons of counterinsurgency into tools for post-conflict reckoning, Weld sheds light on the country's fraught transition from war to an uneasy peace, reflecting on how societies forget and remember political violence.
Growing numbers of people are displaced by war and violent conflict. In Ukraine, Afghanistan, Ethiopia, Myanmar, Syria, and elsewhere violence pushes civilian populations from their homes and sometimes from their countries, making them refugees. In previous decades, millions of refugees and displaced people returned to their place of origin after conflict or were resettled in countries in the Global North. Now displacements last longer, the number of people returning home is lower, and opportunities for resettlement are shrinking. More and more people spend decades in refugee camps or displaced within their own countries, raising their children away from their home communities and cultures. In this context, international policies encourage return to place of origin.
Using case studies and first-person accounts from interviews and fieldwork in post-conflict settings such as Uganda, Liberia, and Kosovo, Sandra F. Joireman highlights the divergence between these policies and the preferences of conflict-displaced people. Rather than looking from the top down, at the rights that people have in international and domestic law, the perspective of this text is from the ground up—examining individual and household choices after conflict. Some refugees want to go home, some do not want to return, some want to return to their countries of origin but live in a different place, and others are repatriated against their will when they have no other options. Peace, Preference, and Property suggests alternative policies that would provide greater choice for displaced people in terms of property restitution and solutions to displacement.
The exceptionality of America’s Supreme Court has long been conventional wisdom. But the United States Supreme Court is no longer the only one changing the landscape of public rights and values. Over the past thirty years, the European Court of Human Rights has developed an ambitious, American-style body of law. Unheralded by the mass press, this obscure tribunal in Strasbourg, France has become, in many ways, the Supreme Court of Europe.
Michael Goldhaber introduces American audiences to the judicial arm of the Council of Europe—a group distinct from the European Union, and much larger—whose mission is centered on interpreting the European Convention on Human Rights. The Council routinely confronts nations over their most culturally-sensitive, hot-button issues. It has stared down France on the issue of Muslim immigration; Ireland on abortion; Greece on Greek Orthodoxy; Turkey on Kurdish separatism; Austria on Nazism; and Britain on gay rights and corporal punishment. And what is most extraordinary is that nations commonly comply.
In the battle for the world’s conscience, Goldhaber shows how the court in Strasbourg may be pulling ahead.
Debates on the end-of-life controversy are complex because they seem to highjack national and cultural traditions. Where previous books have focused on ideological grounds, The Politics of Intimacy explores dying as the site where policies are negotiated and implemented. Intimacy comprises the emotional experience of the end of life and how we acknowledge it—or not—through institutions. This process shows that end-of-life controversy relies on the conflict between the individual and these institutions, a relationship that is the cornerstone of Western liberal democracies.
Through interviews with mourners, stakeholders, and medical professionals, examination of media debates in France and the Czech Republic, Durnová shows that liberal institutions, in their attempts to accommodate the emotional experience at the end of life, ultimately fail. She describes this deadlock as the “politics of intimacy,” revealing that political institutions deploy power through collective acknowledgment of individual emotions but fail to maintain this recognition because of this same experience.
The end of apartheid in South Africa broke down political barriers, extending to all races the formal rights of citizenship, including the right to participate in free elections and parliamentary democracy. But South Africa remains one of the most economically polarized nations in the world. In The Politics of Necessity Elke Zuern forcefully argues that working toward greater socio-economic equality—access to food, housing, land, jobs—is crucial to achieving a successful and sustainable democracy.
Drawing on interviews with local residents and activists in South Africa’s impoverished townships during more than a decade of dramatic political change, Zuern tracks the development of community organizing and reveals the shifting challenges faced by poor citizens. Under apartheid, township residents began organizing to press the government to address the basic material necessities of the poor and expanded their demands to include full civil and political rights. While the movement succeeded in gaining formal political rights, democratization led to a new government that instituted neo-liberal economic reforms and sought to minimize protest. In discouraging dissent and failing to reduce economic inequality, South Africa’s new democracy has continued to disempower the poor.
By comparing movements in South Africa to those in other African and Latin American states, this book identifies profound challenges to democratization. Zuern asserts the fundamental indivisibility of all human rights, showing how protest movements that call attention to socio-economic demands, though often labeled a threat to democracy, offer significant opportunities for modern democracies to evolve into systems of rule that empower all citizens.
The American presidency has long tested the capacity of the system of checks and balances to constrain executive power, especially in times of war. While scholars have examined presidents starting military conflicts without congressional authorization or infringing on civil liberties in the name of national security, Stuart Streichler focuses on the conduct of hostilities. Using the treatment of war-on-terror detainees under President George W. Bush as a case study, he integrates international humanitarian law into a constitutional analysis of the repercussions of presidential war powers for human rights around the world.
Putting President Bush’s actions in a wider context, Presidential Accountability in Wartime begins with a historical survey of the laws of war, with particular emphasis on the 1949 Geneva Conventions and the Nuremberg Tribunal. Streichler then reconstructs the decision-making process that led to the president’s approval of interrogation methods that violated Geneva’s mandate to treat wartime captives humanely. While taking note of various accountability options—from within the executive branch to the International Criminal Court—the book illustrates the challenge in holding presidents personally responsible for violating the laws of war through an in-depth analysis of the actions taken by Congress, the Supreme Court, and the public in response. In doing so, this book not only raises questions about whether international humanitarian law can moderate wartime presidential behavior but also about the character of the presidency and the American constitutional system of government.
The issue’s contributors—comprising both academics and activists—examine the practices of punishment and death imposed upon citizens, particularly through penal systems. One contributor exposes how the indignation and outrage many Americans expressed toward the military torture at Abu Ghraib do not extend to similar instances of torture (beatings, “shower-baths,” sexual abuse, etc.) against inmates of color within the U.S. prison system. Another contributor reflects on the unexpected but effective alliance between antiprison activists and the environmental justice movement in California, which worked to stop the massive prison-building boom of the late twentieth and early twenty-first centuries. Bringing a longer sweep of Western colonialism into view, another essay reveals the racial prejudices within disciplinary processes of Puerto Rico that lingered even after the island’s emancipation from the Spanish American empire, leading to unequal distribution of punishment on both colonial and domestic subject populations.
Contributors. Ethan Blue, Rose Braz, Helena Cobban, Craig Gilmore, Alan Eladio Gómez, R. J. Lambrose, Heather Jane McCarty, Dylan Rodríguez, Kelvin Santiago-Valles, Carolyn Strange, Patrick Timmons
Prison writings from twenty-two Kurdish women who were elected to office in Turkey and then imprisoned by the state on political grounds.
Gültan Kışanak, a Kurdish journalist and former MP, was elected co-mayor of Diyarbakır in 2014. Two years later, the Turkish state arrested and imprisoned her. Her story is remarkable, but not unique. While behind bars, she wrote about her own experiences and collected similar accounts from other Kurdish women, all co-chairs, co-mayors, and MPs in Turkey; all incarcerated on political grounds.
The Purple Colour of Kurdish Politics is a one-of-a-kind collection of prison writings from twenty-two Kurdish women politicians. Here they reflect on their personal and collective struggles against patriarchy and anti-Kurdish repression in Turkey; on the radical feminist principles and practices through which they transformed the political structures and state offices in which they operated. They discuss what worked and what didn’t, and the ways in which Turkey’s anti-capitalist and socialist movements closely informed their political stances and practices.
Demonstrating Kurdish women’s ceaseless political determination and refusal to be silenced – even when behind bars – the book ultimately hopes to inspire women living under even the most unjust conditions to engage in collective resistance.
Pursuing Justice in Africa focuses on the many actors pursuing many visions of justice across the African continent—their aspirations, divergent practices, and articulations of international and vernacular idioms of justice. The essays selected by editors Jessica Johnson and George Hamandishe Karekwaivanane engage with topics at the cutting edge of contemporary scholarship across a wide range of disciplines. These include activism, land tenure, international legal institutions, and postconflict reconciliation.
Building on recent work in sociolegal studies that foregrounds justice over and above concepts such as human rights and legal pluralism, the contributors grapple with alternative approaches to the concept of justice and its relationships with law, morality, and rights. While the chapters are grounded in local experiences, they also attend to the ways in which national and international actors and processes influence, for better or worse, local experiences and understandings of justice. The result is a timely and original addition to scholarship on a topic of major scholarly and pragmatic interest.
Contributors:
Felicitas Becker, Jonathon L. Earle, Patrick Hoenig, Stacey Hynd, Fred Nyongesa Ikanda, Ngeyi Ruth Kanyongolo, Anna Macdonald, Bernadette Malunga, Alan Msosa, Benson A. Mulemi, Holly Porter, Duncan Scott, Olaf Zenker.
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