Impact Legitimacy And Limitations Of Truth Commissions
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Impact, Legitimacy, and Limitations of Truth Commissions by Angela D. Nichols Pdf
This book develops a theoretical understanding of how truth commissions achieve legitimacy and contribute to peace and stability. Angela D. Nichols argues that truth commissions are most likely to impact society when they possess certain institutional characteristics—characteristics that send important political signals to the state and broader society alike. If these signals suggest greater degrees of authority, a break with the past, and transparency in both its investigations and its findings, the truth commission is more likely to impact society. In particular, Nichols examines whether or not states that adopt truth commissions with these characteristics are more likely to respect human rights and experience lower levels of violence. She concludes with an analysis of Colombia’s newly established Truth, Coexistence, and Non-Recurrence Commission.
Onur Bakiner evaluates the success of truth commissions in promoting political, judicial, and social change. He argues that even when commissions produce modest change as a result of political constraints, they open new avenues for human rights activism and transform public discourses on memory, truth, justice, and reconciliation.
Assessing the Long-Term Impact of Truth Commissions by Anita Ferrara Pdf
In 1990, after the end of the Pinochet regime, the newly-elected democratic government of Chile established a Truth and Reconciliation Commission (TRC) to investigate and report on some of the worst human rights violations committed under the seventeen-year military dictatorship. The Chilean TRC was one of the first truth commissions established in the world. This book examines whether and how the work of the Chilean TRC contributed to the transition to democracy in Chile and to subsequent developments in accountability and transformation in that country. The book takes a long term view on the Chilean TRC asking to what extent and how the truth commission contributed to the development of the transitional justice measures that ensued, and how the relationship with those subsequent developments was established over time.It argues that, contrary to the views and expectations of those who considered that the Chilean TRC was of limited success, that the Chilean TRC has, in fact, over the longer term, played a key role as an enabler of justice and a means by which ethical and institutional transformation has occurred within Chile. With the benefit of this historical perspective, the book concludes that the impact of truth commissions in general needs to be carefully reviewed in light of the Chilean experience. This book will be of great interest and use to students and scholars of conflict resolution, criminal international law, and comparative legal systems in Latin America.
Author : Truth and Reconciliation Commission of Canada Publisher : James Lorimer & Company Page : 673 pages File Size : 45,7 Mb Release : 2015-07-22 Category : History ISBN : 9781459410695
Final Report of the Truth and Reconciliation Commission of Canada, Volume One: Summary by Truth and Reconciliation Commission of Canada Pdf
This is the Final Report of Canada's Truth and Reconciliation Commission and its six-year investigation of the residential school system for Aboriginal youth and the legacy of these schools. This report, the summary volume, includes the history of residential schools, the legacy of that school system, and the full text of the Commission's 94 recommendations for action to address that legacy. This report lays bare a part of Canada's history that until recently was little-known to most non-Aboriginal Canadians. The Commission discusses the logic of the colonization of Canada's territories, and why and how policy and practice developed to end the existence of distinct societies of Aboriginal peoples. Using brief excerpts from the powerful testimony heard from Survivors, this report documents the residential school system which forced children into institutions where they were forbidden to speak their language, required to discard their clothing in favour of institutional wear, given inadequate food, housed in inferior and fire-prone buildings, required to work when they should have been studying, and subjected to emotional, psychological and often physical abuse. In this setting, cruel punishments were all too common, as was sexual abuse. More than 30,000 Survivors have been compensated financially by the Government of Canada for their experiences in residential schools, but the legacy of this experience is ongoing today. This report explains the links to high rates of Aboriginal children being taken from their families, abuse of drugs and alcohol, and high rates of suicide. The report documents the drastic decline in the presence of Aboriginal languages, even as Survivors and others work to maintain their distinctive cultures, traditions, and governance. The report offers 94 calls to action on the part of governments, churches, public institutions and non-Aboriginal Canadians as a path to meaningful reconciliation of Canada today with Aboriginal citizens. Even though the historical experience of residential schools constituted an act of cultural genocide by Canadian government authorities, the United Nation's declaration of the rights of aboriginal peoples and the specific recommendations of the Commission offer a path to move from apology for these events to true reconciliation that can be embraced by all Canadians.
In a sweeping review of forty truth commissions, Priscilla Hayner delivers a definitive exploration of the global experience in official truth-seeking after widespread atrocities. When Unspeakable Truths was first published in 2001, it quickly became a classic, helping to define the field of truth commissions and the broader arena of transitional justice. This second edition is fully updated and expanded, covering twenty new commissions formed in the last ten years, analyzing new trends, and offering detailed charts that assess the impact of truth commissions and provide comparative information not previously available. Placing the increasing number of truth commissions within the broader expansion in transitional justice, Unspeakable Truths surveys key developments and new thinking in reparations, international justice, healing from trauma, and other areas. The book challenges many widely-held assumptions, based on hundreds of interviews and a sweeping review of the literature. This book will help to define how these issues are addressed in the future.
The Global Impact and Legacy of Truth Commissions by Jeremy Sarkin Pdf
"The Global Impact and Legacy of Truth Commissions' emerges at a time when there is a confluence of two trends. The first is a growing critique of truth commissions as being unresponsive to the socio-economic needs of transitional societies as part of growing criticism of transitional justice as a whole. The second is the increasing use, salience, professionalism and ambition of truth commissions. Thus, the book is published at a time when truth commissions are being both doubted and reified like never before. In this context, the book's purpose is to understand the impact and legacy of these institutions over the past fifty years. Bringing together many prominent voices on the topic, this book investigates what kind of impact and legacy (possibly 100) truth commissions have had on the societies in which they have taken place, and for future truth commissions the world over"--
National Research Council,Commission on Behavioral and Social Sciences and Education,Committee on International Conflict Resolution
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 : 41,6 Mb Release : 2000-11-07 Category : Political Science ISBN : 9780309171731
International Conflict Resolution After the Cold War by National Research Council,Commission on Behavioral and Social Sciences and Education,Committee on International Conflict Resolution Pdf
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.
An Introduction to Transitional Justice by Olivera Simić Pdf
An Introduction to Transitional Justice provides the first comprehensive overview of transitional justice judicial and non-judicial measures implemented by societies to redress legacies of massive human rights abuse. Written by some of the leading experts in the field it takes a broad, interdisciplinary approach to the subject, addressing the dominant transitional justice mechanisms as well as key themes and challenges faced by scholars and practitioners. Using a wide historic and geographic range of case studies to illustrate key concepts and debates, and featuring discussion questions and suggestions for further reading, this is an essential introduction to the subject for students.
In a sweeping review of forty truth commissions, Priscilla Hayner delivers a definitive exploration of the global experience in official truth-seeking after widespread atrocities. When Unspeakable Truths was first published in 2001, it quickly became a classic, helping to define the field of truth commissions and the broader arena of transitional justice. This second edition is fully updated and expanded, covering twenty new commissions formed in the last ten years, analyzing new trends, and offering detailed charts that assess the impact of truth commissions and provide comparative information not previously available. Placing the increasing number of truth commissions within the broader expansion in transitional justice, Unspeakable Truths surveys key developments and new thinking in reparations, international justice, healing from trauma, and other areas. The book challenges many widely-held assumptions, based on hundreds of interviews and a sweeping review of the literature. This book will help to define how these issues are addressed in the future.
Truth Commissions by Greg Grandin,Thomas Miller Klubock Pdf
This special issue of Radical History Review looks at the different kinds of history produced by truth commissions organized to investigate political violence, state terror, and human rights violations around the globe and examines how these histories elide or confront social inequality and political violence. The essays consider the tensions implicit in the multiple mandates of truth commissions: to establish historical truths, to recognize the experiences of victims, to effect social and political reconciliation, and to reestablish the legitimacy of the nation-state at a time of market-driven globalization. The issue also addresses difficulties faced by the commissions, such as limitations on the use and nature of evidence, oral testimony, and archival documentation. Comparative in nature, this collection includes essays on Chile's long history of amnesties, pardons, and commissions organized to uncover past episodes of political violence; the dissemination and use of the historical findings of the Guatemalan Commission for Historical Clarification; and internal tensions in the South African Truth and Reconciliation Commission, which sought to recover the memories of the victims of apartheid. Several shorter essays offer reflections on U.S. commissions related to the country's history of racial violence, Cold War imperialism, and Vietnam War atrocities and on the findings of the 9/11 Commission report. Contributors. Felipe Aguero, Sally Avery Bermanzohn, Alejandro Castillejo-Cuellar, Grant Farred, John J. Fitzgerald, Greg Grandin, Thomas Miller Klubock, Elizabeth Lira, Brian Loveman, Mary Nolan, Elizabeth Ogelsby, Paul Ortiz, Kimberly Phillips-Fein, Charles Walker
The Palgrave Encyclopedia of Global Security Studies by Anonim Pdf
This encyclopedia provides an authoritative guide intended for students of all levels of studies, offering multidisciplinary insight and analysis of over 500 headwords covering the main concepts of Security and Non-traditional Security, and their relation to other scholarly fields and aspects of real-world issues in the contemporary geopolitical world.
Truth v. Justice by Robert I. Rotberg,Dennis F. Thompson Pdf
The truth commission is an increasingly common fixture of newly democratic states with repressive or strife-ridden pasts. From South Africa to Haiti, truth commissions are at work with varying degrees of support and success. To many, they are the best--or only--way to achieve a full accounting of crimes committed against fellow citizens and to prevent future conflict. Others question whether a restorative justice that sets the guilty free, that cleanses society by words alone, can deter future abuses and allow victims and their families to heal. Here, leading philosophers, lawyers, social scientists, and activists representing several perspectives look at the process of truth commissioning in general and in post-apartheid South Africa. They ask whether the truth commission, as a method of seeking justice after conflict, is fair, moral, and effective in bringing about reconciliation. The authors weigh the virtues and failings of truth commissions, especially the South African Truth and Reconciliation Commission, in their attempt to provide restorative rather than retributive justice. They examine, among other issues, the use of reparations as social policy and the granting of amnesty in exchange for testimony. Most of the contributors praise South Africa's decision to trade due process for the kinds of truth that permit closure. But they are skeptical that such revelations produce reconciliation, particularly in societies that remain divided after a compromise peace with no single victor, as in El Salvador. Ultimately, though, they find the truth commission to be a worthy if imperfect instrument for societies seeking to say "never again" with confidence. At a time when truth commissions have been proposed for Bosnia, Kosovo, Cyprus, East Timor, Cambodia, Nigeria, Palestine, and elsewhere, the authors' conclusion that restorative justice provides positive gains could not be more important. In addition to the editors, the contributors are Amy Gutmann, Rajeev Bhargava, Elizabeth Kiss, David A. Crocker, André du Toit, Alex Boraine, Dumisa Ntsebeza, Lisa Kois, Ronald C. Slye, Kent Greenawalt, Sanford Levinson, Martha Minow, Charles S. Maier, Charles Villa-Vicencio, and Wilhelm Verwoerd.
Transitional Justice in Ghana by Marian Yankson-Mensah Pdf
This book situates Ghana's truth-telling process, which took place from 2002 to 2004, within the discourse on the effectiveness of the different mechanisms used by post-conflict and post-dictatorship societies to address gross human rights violations. The National Reconciliation Commission was the most comprehensive transitional justice mechanism employed during Ghana's transitional process in addition to amnesties, reparations and minimal institutional reforms. Due to a blanket amnesty that derailed all prospects of resorting to judicial mechanisms to address gross human rights violations, the commission was established as an alternative to prosecutions. Against this background, the author undertakes a holistic assessment of the National Reconciliation Commission's features, mandate, procedure and aftermath to ascertain the loopholes in Ghana's transitional process. She defines criteria for the assessment, which can be utilised with some modifications to assess the impact of other transitional justice mechanisms. Furthermore, she also reflects on the options and possible setbacks for future attempts to address the gaps in the mechanisms utilised. With a detailed account of the human rights violations perpetrated in Ghana from 1957 to 1993, this volume of the International Criminal Justice Series provides a useful insight into the factors that shape the outcomes of transitional justice processes. Given its combination of normative, comparative and empirical approaches, the book will be useful to academics, students, practitioners and policy makers by fostering their understanding of the implications of the different features of truth commissions, the methods for assessing transitional justice mechanisms, and the different factors to consider when designing mechanisms to address gross human rights violations in the aftermath of a conflict or dictatorship. Marian Yankson-Mensah is a Researcher and Project Officer at the International Nuremberg Principles Academy in Nuremberg, Germany.
Searching for Truth in the Transitional Justice Movement by Jamie Rowen Pdf
This book re-imagines transitional justice as a movement, and explains why truth commissions are promoted and created. By exploring how the movement developed, as well as efforts to create truth commissions in the Balkans, Colombia, and the US, it examines the processes through which political actors translate transitional justice into political action.
A functional typology of commissions of inquiry / Patrick Butchard and Christian Henderson -- Hegemony and counter-hegemony : the politics of establishing United Nations commissions of inquiry / Michelle Farrell and Ben Murphy -- Lessons from two regional missions : fact-finding in Georgia and South Sudan / Rob Grace -- Domestic commissions of inquiry and international law : the importance of normative authority / Stephen Samuel and James A. Green -- Commissions of inquiry and traditional mechanisms of dispute settlement / Alexander Orakhelashvili -- Commissions of inquiry : courting international courts and tribunals / Christine Schwèobel-Patel -- The impact of international commissions of inquiry on the proceedings before the International Criminal Court / Triestino Mariniello -- The interplay between international human rights law and international humanitarian law in the practice of commissions of inquiry / Marco Odello -- Laying the foundations : commissions of inquiry and the development of international law / Shane Darcy -- Quo vadis? Commissions of inquiry and their implications for the coherence of international law / Russell Buchan -- Selectivity and choices in human rights fact-finding : reconciling subjectivity with objectivity? / Thâeo Boutruche -- Commissions of inquiry and procedural fairness / Alison Bisset -- A visible college : the community of fact-finding practice / Corinne Heaven.