Lustration is a sub-topic within the broader subject of “transitional justice” or “historical justice” (as it is sometimes called). Kirsten Fisher joins JiC for this timely and fascinating two-part post on the Arab Spring and Transitional Justice. Roman David (2011) “Introduction,” in Lustration and Transitional Justice: Personnel Systems in the Czech Republic, Hungary, and Poland, Philadelphia: University of Pennsylvania Press Lars Waldorf (2010) “Linking DDR and transitional justice” (chapter 1) in Ana Cutter Patel, Pablo de Greif and Lars Waldorf (eds.) Understanding lustration requires consideration of that broader context. The book is a must read both for those interested in the subject of transitional justice writ large as well as for scholars of post-communist transitions. Combining insights from cultural sociology and political psychology with the analysis of original experiments, historical surveys, parliamentary debates, and interviews, the book shows how perceptions of tainted personnel affected the origin of lustration systems and how dismissal, exposure, and confession affected trust in … Ardsley, NY: Transnational Publishers. An Evaluation of the Legality and Efficacy of Lustration as a Tool of Transitional Justice. Much needed political and security sector reforms can be installed as part of the transitional justice agenda. The growth of transitional justice is reflected in a number of online sources shedding light on different aspects of transitional justice. The term "lustration" derives from the Latin for "purification." TRANSITIONAL JUSTICE INITIATIVE LUSTRATION AND VETTING This policy paper series was developed to reflect U.S. policy understanding of a range of transitional justice (TJ) mechanisms related to peace-building, accountability, human rights, and reconciliation in … Lustration, truth commissions, and declassification jointly form what we call truth revelation procedures, which comprise a subset of institutions of transitional justice (TJ). After successful negotiations led by the Economic Community of West African States (ECOWAS) and the African Union, a transitional government led by civilian President, Michel … Particularly in Central and Eastern Europe, namely Georgia and Ukraine, both of which have experienced regime changes in the twenty-first century and implemented lustration and vetting measures - the question of whether or not transitional justice … However, the practice described as lustration has occurred in other contexts from post-World War II purges in Europe to American-led de-Baathification after the 2003 invasion of Iraq. Transitional circumstances often pose challenges of achieving some form of justice for past abuses. Among these is the process of “lustration” or purging, like the one initiated in the Ukrainian republic after a revolution that deposed President Viktor Yanukovych in 2014. The transitional justice literature highlights various trade-offs involved in the choice and implementation of lustration as a transitional justice measure in Central and Eastern Europe. In the transitional justice literature, it refers to a means by which some countries deal with a legacy of human rights abuses: through the mass disqualification of those associated with the abuses under the prior regime. Transitional Justice in Eastern Europe and the former Soviet Union: Reckoning with the communist past (BASEES/Routledge Series on Russian and East … Transitional justice refers to the legal and non-legal mechanisms that states undertake after gross violations of individual and collective rights from the previous regime. Furthermore, this new system of transitional justice must serve two purposes: (1) to function as a framework for transformation and (2) to serve as an instrumental means of achieving it (Czarnota 2009). “Lustration might have made sense when we were transitioning out of the Soviet Union and into an independent Armenia. A Juncture of Transitional Justice: Ukraine’s Constitutional Court and the National Lustration Law Andrii Nekoliak 2019-04-16T10:11:49 The presidential race and upcoming second round of elections currently take all attention in the news coverage on Ukraine. This article examines how international legal body rulings on lustration laws have interpreted rule-of-law versus justice … Lustration encompasses a set of transitional justice measures, which use different methods to address the presence of persons associated with undemocratic regimes in the state apparatus of transitional … Transitional justice refers to the legal and non-legal mechanisms that states undertake after gross violations of individual and collective rights from the previous regime. Lustration is one of the regionally dominant transitional justice measuresoptedforbyalmostallcountriesinCEE andsomeintheFSUaspartoftheirpost- communist transitions. There are a host of benefits ascribed to vetting and lustration in the transitional justice literature. plementation of transitional justice broadly and lustration specifically: whereas in some countries the bulk of lustration activity occurs in the immediate aftermath of transition (as in Kenya and Ghana), in others, the process is far more protracted (as in most East European countries). In other words, the problem of transitional justice and particularly lustration is constitutional in nature. In applying theoretical constituents of transitional justice, this study examines the concepts of lustration (i.e. In Post-Conflict Justice, edited by M. C. Bassiouni. Transitional Justice in Eastern Europe and the former Soviet Union: Reckoning with the communist past (BASEES/Routledge Series on Russian and East European Studies) [Stan, Lavinia] on Amazon.com. Transitional justice (TJ) refers to the “formal and informal procedures implemented by a group or institution of accepted legitimacy around the time of transition out of an oppressive or violent social order, for rendering justice to perpetrators, and their collaborators, as well as victims” (Kaminski, Nalepa, and O’Neill 2006). Collection 2 by personnel continuity between the Nazi supported Hungarian Arrow Cross regime and its communist successor, especially with regards to state security personnel.2 However Lustration laws, which discharge the influence of old power structures upon entering democracies, are considered the most controversial measure of transitional justice. The transitional justice literature treats lustration and administrative purges (such as de-communization, de-baathi cation and de-nazi cation) as the same type of mechanism for dealing with the past. The practice acquired notoriety in post-Soviet Eastern Europe where most countries have adopted some form of lustration … Transitional justice is not a special form of justice but justice adapted to societies transforming themselves after These mechanisms include but are not limited to inter alia criminal prosecutions, truth commissions, reparations, lustration, apologies, memorials, institutional reform etc. political purges) and truth-revealing … Vetting and lustration measures are alleged to establish a break with the past and provide opportunities for state and societal rebuilding and reconciliation, which is often Following the popular overthrow of Compaore, the military took over political power under the leadership of Issac Zida, a high official in the Presidential Guard. Lustration and vetting are not always specifically named as pillars of transitional justice, but may be a critical measure under the pillar of guarantees of non-recurrence. Lustration and Transitional Justice is the first attempt to fill this gap. LUSTRATION: TRANSITIONAL JUSTICE IN POLAND AND ITS CONTINUOUS STRUGGLE TO MAKE MEANS WITH THE PAST Alexandra K. Nielsen Major, United States Marine Corps B.A., University of Arizona, 1996 Submitted in partial fulfillment of the requirements for the degree of MASTER OF ARTS IN SECURITY STUDIES (EUROPE, EURASIA) from the NAVAL POSTGRADUATE SCHOOL In Lustration and Transitional Justice, Roman David examines major institutional innovations that developed in Central Europe following the collapse of communist regimes. These mechanisms include but are not limited to inter alia criminal prosecutions, truth commissions, reparations, lustration, apologies, memorials, institutional reform etc. By Eric Brahm June 2004 The term "lustration" derives from the Latin for "purification." In the transitional justice literature, it refers to a means by which some countries deal with a legacy of human rights abuses: through the mass disqualification of those associated with the abuses under the prior regime. Indeed, at the end of the day, the book’s thesis is not simply a story about lustration: it is a story of the transitions themselves.” No transitional justice dilemma is more contested in Tunisia than that of lustration and vetting. International Center for Transitional Justice is the leading forum linking policymaking with research and has branches in a number of post-conflict societies around the world. Lustration policies are often bogged down by the paradoxical natureof public trust during a political transition. Lustration is not analyzed here only as a regional instance of transitional justice but as a mirror of major (perpetrator-centered) transitional justice strategies. There is one area that transitional justice won’t touch, she said: lustration of the security services. Keywords Albania, communism, de-communization, legislation, lustration, transitional justice What is most telling of this is the attitude of Albania's former communist rulers: for the most part, they appear utterly unrepentant and they appear to lack the ability to reflect in a detached way on the many mistakes of their forty-six years of rule. Lustration law "is a special public employment law that regulates the process of examining whether a person holding certain higher public positions worked or collaborated with the repressive apparatus of the communist regime". The "special" nature of lustration law refers to its transitional character. Lustration has been compared to denazification in post-World War II Europe, and the de-Ba'athification in post-Saddam Hussein Iraq. Roman David, Lustration and Transitional Justice: Personnel Systems in the Czech Republic, Hungary, and Poland. Philadelphia: University of Pennsylvania Press, 2011. *FREE* shipping on qualifying offers. Lustration and Transitional Justice is the first attempt to fill this gap. 1 Roman David, Lustration and Transitional Justice (Philadelphia: University of Pennsylvania Press, 2011), x. Officials responsible for a transition want to signa… transitional justice has developed as a subfield in post-conflict peacebuilding, dealing with the judicial aspect of transitions. Lustration and Transitional Justice is the first attempt to fill this gap. The doings of Ukraine’s Constitutional It seeks recog- nition for victims and promotion of possibilities for peace, reconciliation and democracy. Since lustration procedures require an archive of names and cases, it could be used only when there was a sizable secret police apparatus that documented its activities. The core of the chapter focuses on three transitional justice mechanisms: retributive criminal justice, lustration under Libya’s Political Isolation Law, and the amnesty granted to revolutionaries under Law 38. [1] While trials of former ruling elites, either in absentia or in the courtroom, grab international headlines, the question of how to deal with the tens of thousands of former Ben Ali regime functionaries who were complicit in past abuses yet are not likely to be brought to trial has proven even more … Transitional Justice and Colonial-Style Governance in Nigeria Lustration and Transitional Justice is the first attempt to fill this gap. A strong rationale forengaging in administrative purges is to signal that a politicaltransition is real and that the authoritarian past is being put torest. Combining insights from cultural sociology and political psychology with the analysis of original experiments, historical surveys, parliamentary debates, and interviews, the book shows how perceptions of tainted personnel affected the origin of lustration systems and how dismissal, exposure, and confession affected trust in … Posts about Lustration written by Mark Kersten. Striking a Difficult Balance: Transitional Justice, Lustration Laws, and Human Rights — Adem Kassie Abebe , Senior Research Fellow, Max Planck Foundation for International Peace and the Rule of Law Burkina Faso has witnessed two coup d’états in less than twelve months. Indeed, all of these institutions are forms of personnel transitional
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