This is the first book to provide an overview of the processes and practices of transitional justice in the Asia-Pacific region.

The conflict in Nepal (1996 – 2006) resulted in an estimated 15,000 deaths, 1,300 disappearances, along with other serious human rights and humanitarian law violations. Demands for peace, democracy, accountability and development, have abounded in the post-conflict context. Although the conflict catalysed major changes in the social and political landscape in Nepal, the transitional justice (TJ) process has remained deeply contentious and fragmented. This book provides an in-depth analysis of transitional justice process in Nepal. Drawing on interviews with a diverse range of stakeholders, including victims, ex-combatants, community members, human rights advocates, journalists and representatives from diplomatic missions, international organisations and the donor community, it reveals the differing viewpoints, knowledge, attitudes and preferences about TJ and other post-conflict issues in Nepal. The author develops an actor typology and an action spectrum, which can be used in Nepal and other post-conflict contexts. The actor typology identifies four main groups of TJ actors—experts, brokers, implementers and victims—and highlights who is making claims and on behalf of whom. The action spectrum, based on contentious politics literature and resistance literature, demonstrates the strategies actors use to shape the TJ process. This book argues that the potential of TJ lies in these dynamics of contention. It is by letting these dynamics play out that different conceptualisations of TJ can arise. While doing so may lead to practical challenges and produce situations that are normatively undesirable for some actors, particularly when certain political parties and national actors seem to ‘hijack’ TJ, remaining steadfast to the dominant TJ paradigm is also undesirable. As the first book to provide a single case study on TJ in Nepal, it makes theoretical and empirical contributions to: TJ research in Nepal and the Asia-Pacific more broadly, the politics versus justice binary and the concept of victimhood, among others. It will be of interest to a wide range of scholars in the study of transitional justice, peace and conflict studies, human rights, sociology, political science, criminology, law, anthropology and South Asian Studies, as well as policy-makers and NGOs.

Foreword - Nelson Mandela

This book tells a story of Taiwan’s transformation from an authoritarian regime to a democratic system where human rights are protected as required by international human rights treaties. There were difficult times for human rights protection during the martial law era; however, there has also been remarkable transformation progress in human rights protection thereafter. The book reflects the transformation in Taiwan and elaborates whether or not it is facilitated or hampered by its Confucian tradition. There are a number of institutional arrangements, including the Constitutional Court, the Control Yuan, and the yet-to-be-created National Human Rights Commission, which could play or have already played certain key roles in human rights protections. Taiwan’s voluntarily acceptance of human rights treaties through its implementation legislation and through the Constitutional Court’s introduction of such treaties into its constitutional interpretation are also fully expounded in the book. Taiwan’s NGOs are very active and have played critical roles in enhancing human rights practices. In the areas of civil and political rights, difficult human rights issues concerning the death penalty remain unresolved. But regarding the rights and freedoms in the spheres of personal liberty, expression, privacy, and fair trial (including lay participation in criminal trials), there are in-depth discussions on the respective developments in Taiwan that readers will find interesting. In the areas of economic, social, and cultural rights, the focuses of the book are on the achievements as well as the problems in the realization of the rights to health, a clean environment, adequate housing, and food. The protections of vulnerable groups, including indigenous people, women, LGBT (lesbian, gay, bisexual, and transgender) individuals, the disabled, and foreigners in Taiwan, are also the areas where Taiwan has made recognizable achievements, but still encounters problems. The comprehensive coverage of this book should be able to give readers a well-rounded picture of Taiwan’s human rights performance. Readers will find appealing the story of the effort to achieve high standards of human rights protection in a jurisdiction barred from joining international human rights conventions. This book won the American Society of International Law 2021 Certificate of Merit in a Specialized Area of International Law.

An analysis of debates and mechanisms of international criminal law in Cambodia, Indonesia, the Philippines, and Myanmar.

At the century's end, societies all over the world are throwing off the yoke of authoritarian rule and beginning to build democracies. At any such time of radical change, the question arises: should a society punish its ancien regime or let bygones be bygones? Transitional Justice takes this question to a new level with an interdisciplinary approach that challenges the very terms of the contemporary debate. Ruti Teitel explores the recurring dilemma of how regimes should respond to evil rule, arguing against the prevailing view favoring punishment, yet contending that the law nevertheless plays a profound role in periods of radical change. Pursuing a comparative and historical approach, she presents a compelling analysis of constitutional, legislative, and administrative responses to injustice following political upheaval. She proposes a new normative conception of justice--one that is highly politicized--offering glimmerings of the rule of law that, in her view, have become symbols of liberal transition. Its challenge to the prevailing assumptions about transitional periods makes this timely and provocative book essential reading for policymakers and scholars of revolution and new democracies.

Since the 1980s, transitional justice mechanisms have been increasingly applied to account for mass atrocities and grave human rights violations throughout the world. Over time, post-conflict justice practices have expanded across continents and state borders and have fueled the creation of new ideas that go beyond traditional notions of amnesty, retribution, and reconciliation. Gathering work from contributors in international law, political science, sociology, and history, New Critical Spaces in Transitional Justice addresses issues of space and time in transitional justice studies. It explains new trends in responses to post-conflict and post-authoritarian nations and offers original empirical research to help define the field for the future.