Transitional Justice and the Public Sphere

... the multitude of perspectives and experiences that scholars and practitioners brought to this book make is outstanding. Legal scholars of criminal law and procedure, criminologists, political scientists, anthropologists, victimologists, communications specialists they all add to this book their unique perspectives, emphasising once again that transitional justice is an interdisciplinary field. -- Iva Vukusic, Department of History and Art History, Utrecht University * International Criminal Law Review * This collection brings together an impressive range of scholars from different geographical contexts and career stages to explore the role of the public sphere in understanding justice within a transitional justice framework, with a particular focus on legal justice. It will be of use to legal scholars, and to those interested in the role of the public sphere who would like a more nuanced understanding of the role of criminal courts within transitional justice frameworks. -- Alison Atkinson-Phillips, Newcastle University * Historical Dialogues, Justice, And Memory Network *

Chrisje Brants is Professor of Criminal Law at Northumbria University, United Kingdom; and Professor Emeritus of Criminal Law and Procedure at Utrecht University, Netherlands. Susanne Karstedt is Professor in the School of Criminology and Criminal Justice at Griffith University, Australia.

1. Introduction: The Rational and the Emotional: Issues of Transparency and Legitimacy in Transitional Justice Chrisje Brants and Susanne Karstedt Part I: Transitional Justice and its Public Spheres: Principles of Justice 2. Justice as the Art of Muddling through: The Importance of Nyaya in the Aftermath of International Crimes Antony Pemberton and Rianne Letschert 3. Emotional Discourse in a Rational Public Sphere: The Victim and the International Criminal Trial Chrisje Brants 4. Credible Justice and Incredible Crimes Susanne Karstedt 5. Globalisation, Crime and Governance: Transparency, Accountability and Participation as Principles for Global Criminal Law Paul De Hert Part II: Justice Seen to Be Done: Courts and the Public 6. International Judicial Institutions: (Re)Defining Public Proceedings? Olga Kavran 7. The Contestation of Complementarity in Uganda: The Case of Thomas Kwoyelo Lauren Gould 8. Discursive Proceedings and the Transitional Trial: A View from the Extraordinary Chambers in the Courts of Cambodia Cheryl White 9. Unmet Expectations and the Legitimacy of Transitional Justice Institutions: The International Criminal Tribunal for the Former Yugoslavia and the Extraordinary Chambers in the Courts of Cambodia Ray Nickson Part III: Beyond the Courts: Creating Public Spheres of Testimony 10. Witness Testimony and the Incommensurability of Truth in Argentina Antonius CGM Robben 11. Faces of Truth: Journalism, Justice and War Kees Brants and Chrisje Brants 12. Memory Laws: Regulating Memory and the Policing of Acknowledgement and Denial Marloes van Noorloos 13. Challenges to the Movement to Exhume the Missing Victims of the Spanish Civil War and Francoist Dictatorship Natalia Maystorovich Chulio 14. Portraits of the Dead and the Living: Bosnia and Rwanda 20 Years on Olivera Simic