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Item Open Access Gender and Transitional Justice(International Center for Transitional Justice (ICTJ), 2018) Muddell, Kelli; Hawkins, SibleyReparative justice measures seek to repair, in some way, the harm done to victims as a result of human rights violations committed against them. This means that by their very nature, such measures must be responsive to both the context in question and the lived reality of victims. Gender sensitivity is also an integral part of reparative justice because the consequences of human rights violations in victims’ lives are often inextricably linked with victims’ gender. Even when women and men suffer the same human rights abuses, the harms associated with these violations, and victims’ corresponding needs and priorities, may be different. In contexts of widespread violations of human rights, women often find themselves in situations of greater vulnerability than men because of the economic and social inequalities they face even during peacetime. Moreover, shame and stigma associated with certain crimes, such as sexual violence, can create obstacles for victims to receive accountability, truth, and redress. This is true for all victims of sexual and gender-based violence, not only women. In fact, male victims may have an even harder time accessing reparations for sexual violence crimes because it is often assumed that women are the only victims. Because of these dynamics, reparative justice measures must be designed to address the genderspecific harms faced by victims, align with their needs and priorities, and make sense for victims given their day-to-day realities. Reparations should reflect the nature of the violations and the genderspecific consequences that result. Unsurprisingly, past reparations programs have not always done this.Item Metadata only Peremptory norms as an aspect of constitutionalisation in the international legal system(Hague Academic Press, 2009) Orakhelashvili, AlexanderThe phenomenon of constitutionalisation occupies increasing place in the discourse on international law, even though the international legal system contains no formal and express constitutional arrangement. The two basic features of constitution are that it regulates the issues of basic importance for the relevant community, and it prevails over ordinary laws. The phenomenon of peremptory norms of international law (jus cogens) satisfies both these requirements. The ground covered by jus cogens relates to the area of interests of the international community as a whole, safeguarding which is the concern for all. It is also a natural function of jus cogens to prevail over ordinary norms of international law. Thus, whether or not jus cogens is part of constitution of the international society, it performs the functions of it, compatibly with its other principal function as public order (public policy) of the international society. The expressions of this constitutional element relate to the possibilities of invoking its primacy over ordinary laws in international and national courts, on matters such as the immunity of States or the powers of international organizations. The interaction between the powers of the UN Security Council and jus cogens demonstrates how the original public policy aspect of jus cogens - its non-derogability - could generate the classical constitutional supremacy over treaty-based institutional arrangements.Item Open Access Reparations for slavery and the slave trade: a transnational and comparative history(Bloomsbury Academic Publishing, 2017) Araujo, Ana LuciaThis is the first book to present a narrative history of the demands of financial, material, and symbolic reparations for slavery and the Atlantic slave trade. It explores a myriad of written primary sources in several languages, including abolitionist pamphlets, parliamentary debates, petitions by former slaves, newspaper articles, congressional bills, as well as public discourses by black activists and politicians in Europe, Africa, and the Americas. The book draws from a transnational approach, associating social and cultural history, in order to grasp a transatlantic system that interconnected three continents for more than three hundred years. The various chapters examine the multiple dimensions of the demands of financial, material, and symbolic reparations, including the period of slavery, the emancipation era, the postabolition period, and the present.Item Open Access Reparations to Africa: examining the African viewpoint(MacSphere, 2004) Lombardo, Anthony PeterThis thesis explores African opinion on Western reparations to Africa and investigates the prospects and challenges facing a social movement for African reparations. The findings are based on an analysis of 41 semi-structured interviews conducted with, for the most part, African human rights activists, academics, ambassadors to the USA and three members of the Group of Eminent Persons, mandated to advocate reparations to Africa. Respondents were asked about their personal feelings towards reparations and the "West," and about what shape reparations should take. Key themes from the interviews demonstrated a strong desire for "rehabilitative" reparations beyond merely words of apology or acknowledgement. From these results, concepts from existing reparations theory and frameworks are tested and expanded. An investigation of the advocacy literature demonstrates that advocates for reparations to Africa will face a number of challenges with respect to political opportunities, mobilization and framing for a successful social movement for reparations.Item Open Access The question of reparations to post-colonial states(Old Dominion University, 2022) Dunham, Anna; Shinard, VeraThe discussion of reparations for post-colonial states is on the rise. Member States that experienced colonial rule are asking for some form of compensation for the violence and suffering of colonial conquest and rule, which they describe as the biggest injustice of the world. Reparations has emerged as a major issue in the United Nations, where more than two-thirds of the 193 Member States are former colonial territories. Some former colonial Member States demand reparations to rectify the consequences of past conquest and prejudice against individuals, groups or entire countries today. Colonialism, which dominated the modern era, resulted in brutal injustices against colonized peoples. Today these actions are described by many victims as Crimes against Humanity. Although colonialism ended in most of the world almost 50 years ago, its impact is still felt today in racist attitudes against descendants of colonized peoples and the poverty and underdevelopment endemic in many postcolonial states.Item Open Access The reality of reparations: an exploration of neo-colonialism, morality and control in the Caribbean(Caribbean Studies Students' Union, 2021) Khan, AmnaReparations are widely understood as the process by which compensation is given or amends made for previous wrongdoing. In the context of the Caribbean, it may refer to official actions taken by former colonial powers to acknowledge and recompense states affected by colonialism and slavery. This paper seeks to analyse discussions of reparations in the region and consider how the lack of com- pensation may be perceived as demonstrating that modern power relations are merely repackaged propagations of imperialism. Fundamentally, this paper argues that the notion that colonisation was left behind in the 19th century with the abolition of slavery or mid-20th Century with the political indepen- dence of Caribbean nation-states is a facade and uses reparations discourse as the foremost example of such. This is demonstrated through the following questions: Why do reparations need to be paid? Why are they not being paid? And What needs to change?