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Author : Chandra Lekha Sriram
Publisher : Routledge
Page : 256 pages
File Size : 48,9 Mb
Release : 2004-06
Category : Electronic
ISBN : 0714684910
Author : Chandra Lekha Sriram
Publisher : Routledge
Page : 253 pages
File Size : 51,5 Mb
Release : 2004-08-12
Category : Education
ISBN : 9781135768201
This book examines what makes accountability for previous violations more or less possible for transitional regimes to achieve. It closely examines the other vital goals of such regimes against which accountability is often balanced. The options available are not simply prosecution or pardon, as the most heated polemics of the debate over transitional justice suggest, but a range of options from complete amnesty through truth commissions and lustration or purification to prosecutions. The question, then, is not whether or not accountability can be achieved, but what degree of accountability can be achieved by a given country. The focus of the book is on the politics of transition: what makes accountability more or less feasible and what strategies are deployed by regimes to achieve greater accountability (or alternatively, greater reform). The result is a more nuanced understanding of the different conditions and possibilities that countries face, and the lesson that there is no one-size-fits-all prescription that can be handed to transitional regimes.
Author : Anonim
Publisher : Unknown
Page : 116 pages
File Size : 40,6 Mb
Release : 2002
Category : Human rights
ISBN : STANFORD:36105063190701
Author : Jens Boel,Perrine Canavaggio,Antonio González Quintana
Publisher : Routledge
Page : 288 pages
File Size : 42,7 Mb
Release : 2021-02-09
Category : History
ISBN : 9780429620140
Why and how can records serve as evidence of human rights violations, in particular crimes against humanity, and help the fight against impunity? Archives and Human Rights shows the close relationship between archives and human rights and discusses the emergence, at the international level, of the principles of the right to truth, justice and reparation. Through a historical overview and topical case studies from different regions of the world the book discusses how records can concretely support these principles. The current examples also demonstrate how the perception of the role of the archivist has undergone a metamorphosis in recent decades, towards the idea that archivists can and must play an active role in defending basic human rights, first and foremost by enabling access to documentation on human rights violations. Confronting painful memories of the past is a way to make the ghosts disappear and begin building a brighter, more serene future. The establishment of international justice mechanisms and the creation of truth commissions are important elements of this process. The healing begins with the acknowledgment that painful chapters are essential parts of history; archives then play a crucial role by providing evidence. This book is both a tool and an inspiration to use archives in defence of human rights. The Open Access version of this book, available at http://www.taylorfrancis.com/books/e/ISBN, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
Author : National Research Council,Commission on Behavioral and Social Sciences and Education,Committee on International Conflict Resolution
Publisher : National Academies Press
Page : 640 pages
File Size : 43,5 Mb
Release : 2000-11-07
Category : Political Science
ISBN : 9780309171731
The end of the Cold War has changed the shape of organized violence in the world and the ways in which governments and others try to set its limits. Even the concept of international conflict is broadening to include ethnic conflicts and other kinds of violence within national borders that may affect international peace and security. What is not yet clear is whether or how these changes alter the way actors on the world scene should deal with conflict: Do the old methods still work? Are there new tools that could work better? How do old and new methods relate to each other? International Conflict Resolution After the Cold War critically examines evidence on the effectiveness of a dozen approaches to managing or resolving conflict in the world to develop insights for conflict resolution practitioners. It considers recent applications of familiar conflict management strategies, such as the use of threats of force, economic sanctions, and negotiation. It presents the first systematic assessments of the usefulness of some less familiar approaches to conflict resolution, including truth commissions, "engineered" electoral systems, autonomy arrangements, and regional organizations. It also opens up analysis of emerging issues, such as the dilemmas facing humanitarian organizations in complex emergencies. This book offers numerous practical insights and raises key questions for research on conflict resolution in a transforming world system.
Author : Chandra Lekha Sriram
Publisher : Routledge
Page : 203 pages
File Size : 40,8 Mb
Release : 2013-05-13
Category : History
ISBN : 9781134197224
This major new study examines the developing practice of universal jurisdiction, as well as the broader phenomenon of "globalizing" justice, and its ramifications. With a detailed overview of the contemporary practice of universal jurisdiction, it discerns three trends at work: pure universal jurisdiction, universal jurisdiction "plus", and non-use. It also argues that these disparities in practice should raise serious concerns as to the legitimacy and perceived legitimacy of such globalized justice. It then turns to a further consideration, that of globalized justice, precisely because it takes place far from the locus of the crime, and is therefore "externalized" and may fail to achieve many of its putative goals. In addition, this is a key assessment of civil accountability, through the use of the Alien Tort Claims Act in the United States. It details how the use of civil penalties may offer new avenues for redress, particularly with relation to group accountability, whether that of armed groups or of corporations. However, it balances this approach to accountability with recognition of certain flaws within externalized criminal accountability. This study also focuses on mixed tribunals, or other methods of internationalized justice as viable alternatives, which may avoid some of the problems with external justice, but are themselves far from perfect. Mixed or hybrid tribunals in East Timor and Sierra Leone represent different models of hybrid justice and provide the reader with excellent examples of these new forms of justice in action. This book will be of great interest to all students and scholars of human rights international law and political science.
Author : Renée Jeffery
Publisher : University of Pennsylvania Press
Page : 313 pages
File Size : 46,9 Mb
Release : 2014-06-13
Category : Political Science
ISBN : 9780812209419
For the last thirty years, documented human rights violations have been met with an unprecedented rise in demands for accountability. This trend challenges the use of amnesties which typically foreclose opportunities for criminal prosecutions that some argue are crucial to transitional justice. Recent developments have seen amnesties circumvented, overturned, and resisted by lawyers, states, and judiciaries committed to ending impunity for human rights violations. Yet, despite this global movement, the use of amnesties since the 1970s has not declined. Amnesties, Accountability, and Human Rights examines why and how amnesties persist in the face of mounting pressure to prosecute the perpetrators of human rights violations. Drawing on more than 700 amnesties instituted between 1970 and 2005, Renée Jeffery maps out significant trends in the use of amnesty and offers a historical account of how both the use and the perception of amnesty has changed. As mechanisms to facilitate transitions to democracy, to reconcile divided societies, or to end violent conflicts, amnesties have been adapted to suit the competing demands of contemporary postconflict politics and international accountability norms. Through the history of one evolving political instrument, Amnesties, Accountability, and Human Rights sheds light on the changing thought, practice, and goals of human rights discourse generally.
Author : Naomi Roht-Arriaza
Publisher : Oxford University Press
Page : 413 pages
File Size : 51,8 Mb
Release : 1995-07-13
Category : Law
ISBN : 9780195359718
As dictatorships topple around the world and transitional regimes emerge from the political rubble, the new governments inherit a legacy of widespread repression against the civilian population. This repression ranges from torture, forced disappearances, and imprisonment to the killings of both real and perceived political opponents. Nonetheless, the official status of the perpetrators shields them from sanction, creating a culture of impunity in which the most inhumane acts can be carried out without fear of repercussions. The new governments wrestle with whether or not to investigate prior wrongdoings by state officials. They must determine who, if any, of those responsible for the worst crimes should be brought to justice, even if this means annulling a previous amnesty law or risking a violent backlash by military or security forces. Finally, they have to decide how to compensate the victims of this repression, if at all. Beginning with a general consideration of theories of punishment and redress for victims, Impunity and Human Rights in International Law and Practice explores how international law provides guidance on these issues of investigation, prosecution, and compensation. It reviews some of the more well-known historical examples of societies grappling with impunity, including those arising from the Second World War and from the fall of the Greek, Spanish, and Portuguese dictatorships in the 1970s. Country studies from around the world look at how the problem of impunity has been dealt with in practice in the last two decades. The work then distills these experiences into a general discussion of what has and hasn't worked. It concludes by considering the role of international law and institutions in the future, especially given renewed interest in international mechanisms to punish wrong-doers. As individuals, governments, and international organizations come to grips with histories of repression and impunity in countries around the world, the need to define legal procedures and criteria for dealing with past abuses of human rights takes on a special importance. Impunity and Human Rights in International Law and Practice aims to share their experiences in the hope that lawyers, scholars, and activists in those countries where dealing with the past is only now becoming an imperative may learn from those who have recently confronted similar challenges. This work will be essential reading for lawyers, political and social scientists, historians and journalists, as well as human rights experts concerned with this important issue.
Author : Cath Collins
Publisher : Penn State Press
Page : 293 pages
File Size : 47,9 Mb
Release : 2010
Category : Political Science
ISBN : 9780271036878
"Analyzes how activists, legal strategies, and judicial receptivity to human rights claims are constructing new accountability outcomes for human rights violations in Chile and El Salvador"--Provided by publisher.
Author : Human Rights Watch
Publisher : Seven Stories Press
Page : 957 pages
File Size : 42,5 Mb
Release : 2019-02-05
Category : Political Science
ISBN : 9781609808853
The best country-by-country assessment of human rights. The human rights records of more than ninety countries and territories are put into perspective in Human Rights Watch's signature yearly report. Reflecting extensive investigative work undertaken by Human Rights Watch staff, in close partnership with domestic human rights activists, the annual World Report is an invaluable resource for journalists, diplomats, and citizens, and is a must-read for anyone interested in the fight to protect human rights in every corner of the globe.
Author : Edward Newman,Albrecht Schnabel
Publisher : Psychology Press
Page : 248 pages
File Size : 49,6 Mb
Release : 2002
Category : History
ISBN : 0714653241
This volume highlights some of the major conceptual and practical challenges facing post-conflict societies and the international community in managing transition.
Author : Peter Malcontent
Publisher : Unknown
Page : 0 pages
File Size : 44,5 Mb
Release : 2016
Category : Collective memory
ISBN : 1780684037
How do societies at the national and international level try to overcome historical injustices? What remedies did they develop to do justice to victims of large scale atrocities? And, even more important, what have we learned from the implementation of these so-called instruments of transitional justice in practice? Lawyers, socials scientists, and historians have published shelves full of books and articles on how to confront the past through international criminal tribunals, truth commissions, financial compensation schemes, and other instruments of retributive/punitive and restorative justice. A serious problem continues to be that broad interdisciplinary accounts that include both categories of measures are still hardly available. In this volume, a group of international experts in the field endeavors to fill this gap, and more. By alternating historical overviews with critical assessments, this volume does not only offer an extensive introduction to the world of transitional justice, but also food for thought concerning the effectiveness of the remedies it offers to face the past successfully. (Series: Series on Transitional Justice, Vol. 21) Subject: Human Rights Law, Criminal Justice]
Author : Michelle Frances Carmody
Publisher : Springer
Page : 244 pages
File Size : 55,9 Mb
Release : 2018-04-27
Category : History
ISBN : 9783319783932
In Argentina and elsewhere in Latin America, decades after the fall of authoritarian regimes in the 1970s, transitional justice has proven to be anything but transitional—it has become a cornerstone of state policy and a powerful tool of state formation. Contextualizing cultural and political shifts in Argentina after the 1976 military coup with comparisons to other countries in the Southern Cone, Michelle Frances Carmody argues that incorporating human rights practices into official policy became a way for state actors to both build the authority of the state and manage social conflict, a key aim of post-Cold War democracies. By examining the relationship between transitional justice and the Latin American political order, this book illuminates overlooked dimensions of state formation in the age of human rights.
Author : Lea David
Publisher : Cambridge University Press
Page : 257 pages
File Size : 49,5 Mb
Release : 2020-07-16
Category : History
ISBN : 9781108495189
Lea David exposes the dangers and pitfalls of mandating memory in the name of human rights in conflict and post-conflict settings.
Author : Mark R. Amstutz
Publisher : Rowman & Littlefield
Page : 298 pages
File Size : 53,7 Mb
Release : 2005
Category : Philosophy
ISBN : 0742535819
How does one forgive an international political transgression as deep as genocide or apartheid? Forgiveness is often conceived of as an element of personal morality, and even at that it is difficult. This book argues that it is also an essential part of political ethics, especially when dealing with collective wrongdoing by political regimes. In the past, a retributive justice demanding prosecution and punishment of all past offenses has kept the international community away from moving on to the next step in regime change. Here, Mark R. Amstutz takes a restorative justice approach, calling for nations to account for crimes through truth commissions, public apology and repentance, reparations, and ultimately forgiveness and the lifting of deserved penalties. The distinctive feature of forgiveness is the balance it strikes between backward-looking accountability and forward-looking reconciliation. The Healing of Nations combines a theory of the role of forgiveness in public life with four key case studies that test this ethic: Argentina, Chile, Northern Ireland, and South Africa. Amstutz uses the hard cases to illustrate the promise and limits of forgiving without forgetting.
