An adventure is taking off. Why<i>Restorative Justice: An International Journal</i>?

Aertsen, Ivo; Parmentier, Stephan; Vanfraechem, Inge; Walgrave, Lode; Zinsstag, Estelle

doi:10.5235/20504721.1.1.1

Cited by 14 publications

(7 citation statements)

References 11 publications

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“…Within the boundaries of possibility, a fair mix of age, gender, place of residence, Civil Party status, engagement as well as legal background in common law or civil law (if applicable) was selected. 25 The interviews with the victims took place mainly in Phnom Penh using settings offered by the recruiting NGOs. 15 However, a few Civil Parties coming from rural areas were interviewed in their villages.…”

Section: Methods and Approach Of The Empirical Studymentioning

confidence: 99%

“…Since international(ized) tribunals operate in the context of transitional justice processes, providing 'justice', reconciliation and reparation might be seen as evolving aims of international trials (Aertsen et al, 2013). The approach of restorative justice that puts emphasis on the needs of the victims and the involved community instead of focusing solely on punishment has received considerable attention in the criminological literature (Mantle et al, 2005).…”

Section: Justice For Victims As An Aim Of International Criminal Trialsmentioning

confidence: 99%

“…The discussion on the scope and value of victims’ participation touches on a fundamental question of international criminal law: how to reconcile restorative and retributive elements of justice in trials of mass crimes (Mantle et al, 2005). Since international(ized) tribunals operate in the context of transitional justice processes, providing ‘justice’, reconciliation and reparation might be seen as evolving aims of international trials (Aertsen et al, 2013). The approach of restorative justice that puts emphasis on the needs of the victims and the involved community instead of focusing solely on punishment has received considerable attention in the criminological literature (Mantle et al, 2005).…”

Section: Justice For Victims As An Aim Of International Criminal Trialsmentioning

confidence: 99%

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‘Justice for victims’ in trials of mass crimes

Hoven

Scheibel

2015

International Review of Victimology

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Providing 'justice for victims' has become a common argument for the establishment of international criminal tribunals. However, the victims' role in trials of mass atrocities is highly disputed among scholars and practitioners. This article will take a look behind the theoretical understanding of 'justice' and present the views of victims, judges, prosecutors and lawyers involved in the proceedings. Based on 30 qualitative interviews that have been conducted at the Khmer Rouge Tribunal in Cambodia, this article attempts to examine what elements of justice an international(ized) criminal trial can and should achieve from the perspective of its participants. An insight into the victims' and legal professionals' expectations for justice sheds light on the question to what extent 'justice for victims' is a feasible interest of internation(ized) trials or a mere symbolic label to legitimize international courts. Considering the financial and practical constraints of international criminal courts, the article endeavours to identify measures both in and out of the courtroom that balance the interests of all participants.

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Section: Methods and Approach Of The Empirical Studymentioning

confidence: 99%

Section: Justice For Victims As An Aim Of International Criminal Trialsmentioning

confidence: 99%

Section: Justice For Victims As An Aim Of International Criminal Trialsmentioning

confidence: 99%

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‘Justice for victims’ in trials of mass crimes

Hoven

Scheibel

2015

International Review of Victimology

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“…In a globalizing world, the internal bonds of each nation are important to all other nations as models of how contending parties seek to maintain a sense of justice in their relationships. Their methods help us to understand how, in the midst of outbreaks of violence, some communities can take steps toward peace building through healing deliberations among stakeholders and thus preserve the values of interconnectedness, particularity, respect, and honor that underpin processes of restorative justice (Aertsen et al ; Zehr and Gohar : 37).…”

Section: Explaining the Quiet Areas: A Case Study Of The Lindu Plain mentioning

confidence: 99%

Finding Tools to Limit Sectarian Violence in Indonesia: The Relevance of Restorative Justice

Acciaioli¹

2017

American J Econ Sociol

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This article explores the relevance of the restorative justice paradigm to issues of conflict avoidance and resolution in Indonesia. Sectarian violence engulfed Indonesia in the late 1990s after the fall of the New Order, largely as a result of resource competition and other economic factors. In addition, the revival of customary forms of authority through the national indigenous peoples movement exacerbated the potential for conflict between long‐settled indigenes and more recent migrants. A case study shows how the spread of communal conflict to the Lindu plain in Central Sulawesi was averted despite the sectarian violence in a nearby city. Local customary procedures of adjudication were insufficient to cope with such issues in a multiethnic context, as the ethnic groups in the area did not all subscribe to the same body of custom (adat). Instead, a diverse assembly of stakeholders invoked nationalist idioms of harmony and consensus to forge an agreement to avoid violence. Previous legal theorists have pointed to adat as a preexisting respository of restorative justice practices. However, this article argues that interethnic contexts require restorative practice to forge novel syntheses to deal with communal violence. Such syntheses may incorporate adat mechanisms, but they must also integrate other tools that gain the allegiance of multiple groups to work toward reconciliation and avoidance of further violence.

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“…In a time and place where a judicial understanding of justice is firmly embedded and promoted in society that is intent on maintaining social discipline and order (Aertsen et al, 2013), the design of the Window is not surprising. It takes intense effort and ongoing alertness to initiate and advance a paradigm shift.…”

Section: E the Influence Of The Social Discipline Windowmentioning

confidence: 99%

A window on relationships: reflecting critically on a current restorative justice theory

Vaandering¹

2013

Restorative Justice

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Inherent in the task of theorising is a responsibility for ongoing critical reflection of the ideas presented (Steele, 2010). To that end, this article responds to the invitation extended by McCold and Wachtel to examine the conceptual theory of restorative justice they first presented in 2003 and which continues to be promoted globally. One particular aspect of their theory, the Social Discipline Window, is examined. Drawing on a qualitative, critical case study conducted in schools in Ontario, Canada, the article illustrates: (a) how unexamined theory can be problematic and promote practice that counters the principles of restorative justice; and (b) how people's lives can be impacted by power dynamics inherent in the theory presented (Woolford, 2009). In response, a revised Relationship Window is presented along with examples of how it can affect practice that is more consistently aligned with the philosophical foundations of restorative justice.

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An adventure is taking off. WhyRestorative Justice: An International Journal?

Cited by 14 publications

References 11 publications

‘Justice for victims’ in trials of mass crimes

‘Justice for victims’ in trials of mass crimes

Finding Tools to Limit Sectarian Violence in Indonesia: The Relevance of Restorative Justice

A window on relationships: reflecting critically on a current restorative justice theory

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