Transitional Justice as Global Project: critical reflections

This article critically reflects on the ways in which the global project of transitional justice is channelled or streamlined in its scope of application. Using the categories of when, to whom and for what transitional justice applies, it argues that transitional justice is typically constructed to focus on specific sets of actors for specific sets of crimes. This results in a fairly narrow interpretation of violence within a somewhat artificial time frame and to the exclusion of external actors. The article engages themes of gender, power and structural violence to caution against the narrowing and depoliticisation of transitional justice.     

Researching norms,narratives, and transitional justice: focus group methodology in post-conflict Croatia

This article is based on the assumption that norms can help better understand one of the expressivist aims of transitional justice, that of building a new narrative about the past. The main argument is that focus groups, as an interactive method of inquiry, are well suited to investigating how this “judicial” narrative interacts with the official and dominant war narrative in Croatia. Focus groups are more adept at this than other methodological approaches since they can effectively reflect independence of opinion; they lead to more truthful answers through spontaneity; they effectively probe taken-for-granted concepts; and they can more easily overcome distrust in post-conflict societies, especially with ex-combatants. The approach faces new challenges in such a situation since recruitment problems, insider/outsider status, and post-traumatic stress disorder, among other ethical concerns, present problems that often arise due to the group process. The powerful and unpredictable effect of the group dynamic can, therefore, provide a deep exploration of social norms, but it can also cause significant upset among participants. In this instance the methodology explores how widely accepted the war narrative is, how it is constructed, and how important the public believes it is not to question it.     

Contested war remembrance and ethnopolitical identities in Kosovo

This paper examines the relationship between political power and war remembrance by considering the way war remembrance occurs in a divided society. The purpose of this paper is to explore memory of the violent past and its uses as an ongoing arena of disputes between former adversaries and within ethnopolitical groups pushing their distinct versions of memory. Moreover, this paper examines three key aspects of the politics of remembrance: prevalent narratives, arenas of commemoration, and agencies of war remembrance, based on the case study of Kosovo. The postwar narrative and commemoration in Kosovo have evolved along ethnic lines, perpetuating antagonism and conflicting identities. Memorialization in Kosovo raises serious challenges for comprehensive transitional justice and reconciliation between these ethnic groups. The paper concludes that through appropriate civic education, critical inquiry of commemoration practices, and especially through evidence-based adaptation of the history curriculum, there is a chance to promote a culture of shared memory and to establish inclusive politics of remembrance in Kosovo, as crucial components of reconciliation and peace-building.     

Escalation,Emulation, and the Failure of Hybrid Warfare in Afghanistan

In this article, I argue that hybridization is a contingent result of the dynamics of some conflicts but not others. In particular, faced with opponents with great power, weaker powers seek a situation of asymmetry to gain victory. Drawing on within-case analysis of the conduct of war during the past thirty years in Afghanistan, I demonstrate that what we now consider to be “hybrid” represents an important continuity and strategic option in Afghan warfare. Still, the analysis also demonstrates that choosing “hybrid” has not been a strategy that has worked. Hezb-i-Islami's rather limited attempt for conventionalization of the war against the forces of Dostum and Massoud in 1992 failed and the Taliban's more far-reaching attempt for conventionalization has so far also failed to reap strategic success. This suggests that the threat of hybrid war is inflated.     

Rethinking Terrorism and Counterterrorism Since 9/11

This article examines what has been learned since 11 September 2001 about the nature of twenty-first-century terrorism, the challenges that it poses, and how it must be countered. It attempts to better understand Usama bin Laden and the terrorist entity that he created and to assess whether we are more or less secure as a result of the U.S.-led actions in Afghanistan and the pursuit of the al Qaeda network. The article considers these issues, placing them in the context of the major trends in terrorism that have unfolded in recent months and will likely affect the future course of political violence.     

Propaganda and the Question of Criminal Intent; the Semantics of the Zachistka

This article seeks to explore the origins and evolution of zachistka (‘cleansing’) and the particular role it played in the second Chechen war of 1999–2005. It argues that zachistka has become part of state, military and media representations of violence, building a psychological environment in favour of war. The article seeks to understand how the propaganda of the Russian Ministry of Defence might have contributed to the perpetuation of war crimes or incitement to atrocity crimes in the region.     

Minorities and marginality: pertinacity of Hindus and Sikhs in a repressive environment in Afghanistan

The situation of Hindus and Sikhs as a persecuted minority is a little-studied topic in literature dealing with ethno-sectarian conflict in Afghanistan. Hindu and Sikh communities' history and role in Afghanistan's development are examined through a structural, political, socioeconomic, and perceptual analysis of the minority populations since the country gained its independence in 1919. It traces a timeline of their evolving status after the breakdown of state structure and the ensuing civil conflicts and targeted persecution in the 1990s that led to their mass exodus out of the country. A combination of structural failure and rising Islamic fundamentalist ideology in the post-Soviet era led to a war of ethnic cleansing as fundamentalists suffered a crisis of legitimation and resorted to violence as a means to establish their authority. Hindus and Sikhs found themselves in an uphill battle to preserve their culture and religious traditions in a hostile political environment in the post-Taliban period. The international community and Kabul failed in their moral obligation to protect and defend the rights of minorities and oppressed communities.     

Restorative Justice Models in Cases of Intimate Partner Violence: Reviewingthe Evidence

Despite increased public awareness and professional intervention, men's violence against their female partners continues to be a grave reality that challenges those involved to seek better solutions. In recent years, restorative justice has become an established alternative to the criminal justice system for dealing with a number of crimes, and is now starting to be applied to cases of intimate partner violence. However, given the unique social, relational, and psychological contexts of these crimes, doubts are also emerging around the appropriateness of these applications. This paper addresses this debate by reviewing the evidence supporting the use of restorative justice models for various populations, and their ability to address the particular concerns of those affected by intimate partner violence. It explores the fit between restorative justice principles and processes, and what is known about the needs and capacities of this group of victims, offenders, and the communities to which they belong. It is concluded that while the restorative justice model shows promise, there is insufficient evidence at this time to support its use in situations of intimate partner violence.     

The politics of the pipeline: The Iran and Afghanistan conflict

A war between Iran and the Taliban's Afghanistan was averted in September 1998. The roots of the animosity between the two sides go much deeper than the killings of Iranian diplomats in Afghanistan and the reported massacre of Afghan Shi'ites by the Taliban. As the Iranians see it, an Afghanistan ruled by the Taliban is a threat to Iran's national security and economic and political interests not only in Afghanistan but, more importantly, in oil-rich Central Asia. The article argues that at the heart of the conflict between Iran and the Taliban is the question of whether Iran or Afghanistan should be the route for the export of oil and gas from landlocked Central Asia to world markets, as well as Pakistan's plan to use Afghanistan as a corridor to Central Asia. As explained in the article, for commercial and political reasons the Afghanistan route is preferred by both Islamabad and Washington. However, international oil companies prefer the Iran route as it is the shortest, safest and most economical.     

Hybrid Actors,Tactical Variety: Rethinking Asymmetric and Hybrid War

Wars like those in Iraq and Afghanistan should be understood as hybrid wars, wars in which elements of ethnic or tribal conflict, ideologically based insurgency, factional squabbling, and organized crime are inextricably intertwined, with the same actors playing multiple and partially conflicting roles. Hybrid war is inherently transnational, featuring transnational crime networks, “migrant warriors,” transnational diaspora links, legitimate international trade, and foreign intervention. It takes place in hybridized states reliant on local warlords and other actors whose power prevents effective state-building. In this context, while counterinsurgency doctrine prescribes appropriate military strategy and tactics, the core problem is more political than military. Since a hybridized client state is not likely to be politically reformable even if a foreign ally achieves military success, outside allies like the United States should generally refrain from boots-on-the-ground intervention, pursuing instead a diplomatic solution, even though such a deal is likely to be unpalatable.     

Elitocide in Bosnia and Herzegovina and its impact on the contemporary understanding of the crime of genocide

In my paper I will present and discuss the theoretical concept of elitocide (a systematic elimination of leading figures of a society or a group) and its impact on the crime of genocide on the example of the war in Bosnia and Herzegovina 1992–1995. A systematization and scientific classification of elitocide as a sociological phenomenon bears great importance to the field of study on genocide, mass murder and human rights abuses. The scientific elaboration of new or hitherto neglected occurrences of organized violence has a significant impact on the understanding of the phenomenon of systematic war crimes and mass atrocities in modern war conflicts. In order to better understand how genocide or potentially genocidal mass murders emerge and how they can be prevented, it is necessary to modify and redevelop their conventional theoretical framework. Since the premises of modern war have changed, the science is obliged to adapt its approach to this new reality. This paper is a contribution to making the causes and consequences of mass atrocities practically cognizable and theoretically comprehensive.     

The past or the politics of the present? Dealing with the Japanese occupation of South Korea

Why do historical legacies continue to burden politics in East Asia? According to major schools of thought on collective memory, perceptions of historical injustice may be determined by the past (traditionalism), the present (presentism) or the interplay of both. This paper assesses the validity of these theories by examining the effect of transitional justice on perceptions of wrongdoers. Transitional justice offers a unique substrate for exploring competing theories of collective memory as it represents a contemporary process for dealing with the past. Were transitional justice to transform perceptions of wrongdoers, it would provide evidence supporting presentism. This hypothesis was tested using a survey of 640 adults from the Gallup Korea online panel. South Korea was selected as a research site because the legacy of Japan's occupation remains unresolved. A Tobit analysis supported presentist approaches although, as traditionalists claim, perceptions of wrongdoers were resistant to change. The organic nature of collective memory suggests that perceptions can only be transformed by comprehensive transitional justice.     

Problematizing war: reviving the historical focus of peace education

In the last forty years, peace education has broadened its focus from primarily international peace and the prevention of war to an approach that encompasses social justice, environmental education, critical theory, and multicultural education. While this is a positive evolution in many respects, there is a danger in de-emphasizing the actual critique of war and militarism. This article looks at the reasons why peace education should revive its strong historical focus on problematizing war. There is a strong emphasis on how educators can implement this in the classroom by fostering an environment where students can critique both past and contemporary conflicts. This renewed focus is of special importance in our modern globalized world, especially in militarily powerful nations such as the United States.     

The Rise of Dark Americana: Depicting the “War on Terror” On-Screen

In the wake of the 9/11 attacks the American film industry took a while to react to the Islamist threat at home and abroad. From 2005, however, Hollywood responded to the threat to the homeland and the War on Terror “over there” in Iraq and Afghanistan in a variety of ways. This article examines the nature of that response and whether it evinces, as critics allege, that the American film industry reflects and shapes a capitalist and imperialist agenda. More particularly, by evaluating the cinematic treatment of both the Iraq war and the problem of surveillance, rendition, and homeland security, the analysis explores what this distinctive on-screen genre tells about how the U.S. cultural mainstream has dealt with the challenge global jihadism poses to American values. The analysis suggests that post-9/11 movie making, while sometimes bleak and often clichéd, is cognizant of the gray area morality inherent in fighting the “War on Terror,” and is still thus able to offer some possibilities for sophisticated reflection.     

Criminogenic patterns in the management of Boko Haram’s human displacement situation

This article interrogates the management of the internal displacement caused by the activities of Boko Haram in Nigeria. The study utilizes qualitative methods to explicate the lived realities of internally displaced persons (IDPs) at three IDP camps. It accentuates the invention of criminogenic patterns that have fostered several state crimes in the management of the displacement situation. A series of cyclical patterns is highlighted: these patterns are constituted by and constitutive of the social conditions of the IDPs. The operations of a constellation of institutional and non-institutional actors in the displacement situation has led to (1) hoarding, diversion and theft of relief materials, (2) embezzlement of funds meant for IDPs, (3) use of ghost IDPs, (4) sexual and gender-based violence and (5) human trafficking and other forms of violence. The article concludes that this situation portends grave risks for state efforts to combat Boko Haram, as it may result in renewed grievances against the government.     

Explaining the Chinese framing of the “terrorist” violence in Xinjiang: insights from securitization theory

This paper critically examines the Chinese framing of the “terrorist” violence in Xinjiang. Drawing on the Copenhagen school of securitization theory, it examines how the historical perception of the region as a primary source of security threats to inner China has led today’s China to continue with representing the Han Chinese–Uyghur discord as an existential threat. In framing the ethnic conflict as a security issue, China has capitalized on the global “war on terror” of the early 2000s to transform the unrest into acts of Islamist terrorism to legitimize its counter-insurgency policies in Xinjiang. However, both the 2009 Urumqi riots and the 2014 Kunming attack lead us to conclude that the securitization strategy fails to quell the unrest. Not only have the Strike-Hard campaigns served to radicalize Uyghur nationalists, but also Han Chinese are not convinced that the Chinese government can contain the “terrorist” threat. Yet securitization blinds the leadership to the dysfunctional ethnic policy.     

Responding to Heinous Crime: Best Practices and the Current State of the Art

Heinous crimes involve offenses that are odious, shockingly cruel, and abhorrent. Victims, criminal justice professionals, and the public at large struggle in their efforts to respond to heinous crimes in ways that simultaneously protect the public, promote rehabilitation, provide an opportunity for retribution, and punish. Heinous crimes present a severe challenge in a democratic society that seeks to respond to unspeakable acts in a just, principled, and fair manner. This article examines the nature of heinous crimes, explores their etiology, and considers the merits of possible responses in light of current knowledge and “best practices.” The author presents a comprehensive typology of heinous crime, based on a qualitative analysis of 13,000 parole cases, and explores the appropriate role of retribution and revenge, punishment, rehabilitation, and restorative and reparative justice.     

Repression and the Spread of Ethnic Conflict in Kurdistan

Why do ethnic conflicts spread to neighboring states? This article examines the effect of transborder ethnic groups on the spread of ethnic conflict. It argues that when a transborder ethnic group is in conflict in one state, neighboring states perceive a threat from members of that ethnic group residing in their own territory, leading the state to take preemptive repressive action. This repression in turn changes the ethnic group's security situation within the state and can result in violence and thus ethnic conflict. Ethnic conflict spread is not determined by the actions of either the ethnic group or the state alone, but is a product of threat perception and interaction between the two groups. This argument is tested in a set of cases in a region where an ethnic conflict seems to have spread—the Kurds in Iran, Iraq, Syria and Turkey from 1961–2003.     

The Intersections of Class,Gender, Sexuality and ‘Race’: The Political Economy of Gendered Violence

This article focuses on rethinking the intersectional approach towards a greater framing within the new political economy and particularly concerns itself with the ways such an approach can contribute to theorising various manifestations of gendered violence. The article examines a range of different forms of violence and reflects on how an intersectional framing can inform our understanding better. Some of the intersectional dimensions to domestic violence, rape and sexual assault, honour-based crimes and trafficking are discussed.     

To address or not to address the violent past in the classroom? That is the question in Côte d’Ivoire

In the aftermath of violent conflict, divided societies have to answer the important question of whether, when and how to address their country’s violent past within their educational system. Whereas some scholars within the field of peace education and transitional justice argue that addressing the violent past in the classroom is important for fostering mutual understanding and empathy among future generations in order to prevent conflict recurrence, other scholars are more sceptical about the need and feasibility of addressing the violent past in schools. They emphasize the possible negative impact in terms of increased tensions within schools and within society more generally. The current paper makes an important empirical contribution to this debate by analysing the views and perceptions on this matter of 984 secondary school teachers in Abidjan, the largest city and de facto capital of Côte d’Ivoire – a country that was recently torn apart by ethnic strife and violent conflict. It emerges that while so far most teachers have shied away from addressing their country’s conflict history in class, it also appeared that many of the teachers were actually in favour of breaking this culture of silence.