Transparency is a fundamental principle of justice. A cornerstone of the rule of law, it allows for public engagement and for democratic control of the decisions and actions of both the judiciary and the justice authorities. This book looks at the question of transparency within the framework of transitional justice. Bringing together scholars from across the disciplinary spectrum, the collection analyses the issue from socio-legal, cultural studies and practitioner perspectives. Taking a three-part approach, it firstly discusses basic principles guiding justice globally before exploring courts and how they make justice visible. Finally, the collection reviews the interface between law, transitional justice institutions and the public sphere.
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