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Palgrave Macmillan

Human Rights Prosecutions in Democracies at War

  • Book
  • © 2019

Overview

Authors:
  1. Moira Lynch

    1. Department of Political Science, Loyola University Maryland, Baltimore, MD, USA

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  • Offers a distinctive voice to current debates within the field of transitional justice
  • Draws on theories of comparative politics, transitional justice, human rights and emergency law
  • Illustrates that the tension between democratic governance and emergency law is not a new phenomenon

Part of the book series: Human Rights Interventions (HURIIN)

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Table of contents (6 chapters)

  1. Front Matter

    Pages i-xvii
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  2. Introduction

    • Moira Lynch
    Pages 1-34

  3. Human Rights Prosecutions and Institutional Continuity in Sri Lanka

    • Moira Lynch
    Pages 35-71

  4. Conversion, Layering, and Human Rights Prosecutions in Northern Ireland

    • Moira Lynch
    Pages 73-119

  5. “Resorting to Authoritarian Habits”: Anti-terrorism Laws, State Violence, and Human Rights Prosecutions in Democratic Spain

    • Moira Lynch
    Pages 121-165

  6. The Constitutional Court, Military Jurisdiction, and Human Rights Prosecutions in Colombia

    • Moira Lynch
    Pages 167-206

  7. Human Rights Prosecutions and Democracies at War in Comparative Perspective

    • Moira Lynch
    Pages 207-218

  8. Back Matter

    Pages 219-226
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Keywords

About this book

Though many of the longest and most devastating internal armed conflicts have been fought within the boundaries of democratic states, these countries employ some of the highest numbers of human rights prosecutions. What conditions prompt this outcome and what explains the variable patterns of prosecutions in democracies at war? Prosecutions may be enabled by existing democratic norms and institutions, but given their role in a violent conflict, democratic governments may go to great lengths to avoid judicial accountability. Through qualitative and quantitative research of four cases, Sri Lanka, Northern Ireland, Spain and Colombia, this book argues that emergency and anti-terrorism laws issued during the conflict created barriers to the investigation and prosecution of state human rights violations. The extent to which state actors were held accountable was shaped by citizens, NGOs and political actors who challenged or upheld impunity provisions within emergency legislation.

Reviews

“This book breaks new ground on questions of human rights accountability in democracies at war. Drawing on illuminating on-site interviews, extensive archival research, and quantitative data, Lynch compellingly argues that emergency laws crucially shape justice outcomes. An impressive contribution.” (Nadya Nedelsky, Professor of International Studies, Macalester College, USA)

Authors and Affiliations

  • Department of Political Science, Loyola University Maryland, Baltimore, MD, USA

    Moira Lynch

About the author

Moira Lynch is Assistant Professor in the Department of Political Science at Loyola University Maryland, USA.

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