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United States Law and Policy on Transitional Justice : Principles, Politics, and Pragmatics (Hardcover)

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In United States Law and Policy on Transitional Justice, Zachary D. Kaufman explores the motivations driving how and why individual states choose to help create, support, and participate in transitional justice institutions. By first presenting an overview of transitional justice options and the U.S. role in their development, and then analyzing six unique case studies, Kaufman evaluates why and how the United States has pursued particular transitional justice options (such as war crimes tribunals) in certain contexts.This book challenges the "legalist" paradigm, which postulates that liberal states pursue war crimes tribunals because their decision-makers hold a principled commitment to the rule of law. Kaufman develops an alternative theory--"prudentialism"--which contends that any state--liberal or illiberal--may support bona fide war crimes tribunals. Prudentialism postulates that states will pursue transitional justice options, not out of strict adherence to certain principles, but as a result of a case-specific balancing of politics, pragmatics, and normative beliefs. Kaufman tests these two competing theories through the U.S. experience with four primary case studies-Germany and Japan after World War II as well as the former Yugoslavia and Rwanda after the Cold War-and two secondary case studies-the 1988 bombing of Pan Am flight 103 over Lockerbie, Scotland, and the 1990-91 Iraqi offenses against Kuwaitis.
Number of Pages: 331
Genre: Freedom + Security / Law Enforcement, Political Science
Sub-Genre: International Relations / Arms Control, International
Format: Hardcover
Publisher: Oxford Univ Pr
Author: Zachary D. Kaufman
Language: English
Street Date: April 7, 2016
TCIN: 51096650
UPC: 9780190243494
Item Number (DPCI): 248-15-4573
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