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The Provocations of Amnesty by Erik Doxtader,Charles Villa-Vicencio Pdf
South Africa's amnesty was a unique experiment. A path that lay 'between a Nuremberg option and total amnesia, ' the amnesty process was designed in the heat of a remarkable and complex transition to constitutional democracy
"A compelling read." Richard J. Goldstone, former Chief Prosecutor of the UN tribunals for the former Yugoslavia and Rwanda "A very important contribution." Princeton N. Lyman, Council on Foreign Relations "A powerful reminder that dealing with the legacy of wartime atrocities is not simply a matter of bringing perpetrators to justice. It also means overcoming the divisions within the society and healing the victims." Marina Ottaway, Senior Associate, Democracy and Rule of Law Project, Carnegie Endowment for International Peace In Amnesty after Atrocity? veteran journalist Helena Cobban examines the effectiveness of different ways of dealing with the aftermath of genocide and violence committed during intergroup conflicts. She traveled to Rwanda, Mozambique, and South Africa to assess the various ways those nations tried to come to grips with their violent past: from war crimes trials to truth commissions to outright amnesties for perpetrators. She discovered that in terms of both moving forward and satisfying the needs of survivors, war crimes trials are not the most effective path. This book provides historical context and includes interviews with a cross-section of people: community leaders, victims, policymakers, teachers, rights activists, and even some former abusers. These first-person accounts create a rich, readable text, and Cobban's overall conclusions will surprise many readers in the West.
Amnesties, Accountability, and Human Rights by Renee Jeffery Pdf
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 : Hugo van der Merwe,Audrey R. Chapman Publisher : University of Pennsylvania Press Page : 366 pages File Size : 48,7 Mb Release : 2008-02 Category : History ISBN : 0812240596
Truth and Reconciliation in South Africa by Hugo van der Merwe,Audrey R. Chapman Pdf
"Of the truth commissions to date, the South African Truth and Reconciliation Commission (TRC) has most effectively captured public attention throughout the world and provided the model for succeeding bodies. Although other truth commissions had preceded its establishment, the TRC had a far more expansive mandate: to go beyond truth-finding to promote national unity and reconciliation, to facilitate the granting of amnesty to those who made full factual disclosure, to restore the human and civil dignity of victims by providing them an opportunity to tell their own stories, and to make recommendations to the president on measures to prevent future human rights violations.
Amnesty in the Age of Human Rights Accountability by Francesca Lessa,Leigh A. Payne Pdf
This edited volume brings together well-established and emerging scholars of transitional justice to discuss the persistence of amnesty in the age of human rights accountability. The volume attempts to reframe debates, moving beyond the limited approaches of 'truth versus justice' or 'stability versus accountability' in which many of these issues have been cast in the existing scholarship. The theoretical and empirical contributions in this book offer new ways of understanding and tackling the enduring persistence of amnesty in the age of accountability. In addition to cross-national studies, the volume encompasses eleven country cases of amnesty for past human rights violations: Argentina, Brazil, Cambodia, El Salvador, Guatemala, Indonesia, Rwanda, South Africa, Spain, Uganda and Uruguay. The volume goes beyond merely describing these case studies, but also considers what we learn from them in terms of overcoming impunity and promoting accountability to contribute to improvements in human rights and democracy.
Amnesty, Serious Crimes and International Law by Josepha Close Pdf
Amnesty, Serious Crimes and International Law examines the permissibility of amnesties for serious crimes in the contemporary international order. In the last few decades, there has been a growing tendency to consider that amnesties are prohibited in respect of certain grave crimes. However, the question remains controversial as there is no explicit treaty ban and general amnesties continue to be frequently issued in post-conflict and transitional contexts. The first part of the book explores the use of amnesties from antiquity to the present day. It reviews amnesty traditions in ancient societies and provides a global picture of modern amnesties. In parallel, it traces the development of the accountability paradigm underpinning the current prohibitive stance on amnesties. The second part assesses the position of modern international law on amnesties. It comprehensively analyses the main arguments supporting the existence of a general amnesty ban, including the duty to prosecute international crimes, the right to redress of victims of human rights violations, international standards and trends in state practice, and the mandate of international criminal courts. The book argues that, while international legal or policy requirements restrict the freedom of states to extend amnesty in respect of serious crimes, or the effectiveness of amnesty measures in preventing the prosecution of such crimes, these restrictions do not add up to an absolute and universal prohibition.
Research Handbook on Transitional Justice by Cheryl Lawther,Luke Moffett Pdf
Providing a refreshing take on transitional justice, this second edition Research Handbook brings together an expanse of scholarly expertise to reconsider how societies deal with gross human rights violations, structural injustices and mass violence. Contextualised by historical developments, it covers a diverse range of concepts, actors and mechanisms of transitional justice, while shedding light on new and emerging areas in the field.
Religion and Conflict Resolution by Megan Shore Pdf
This book examines the ambiguous role that Christianity played in South Africa's Truth and Reconciliation Commission (TRC). It has two objectives: to analyse the role Christianity played in the TRC and to highlight certain consequences that may be instructive to future international conflict resolution processes. Religion and conflict resolution is an area of significant importance. Ongoing conflicts involving Palestinians and Israelis, Muslims and Hindus, and even radical Islamic jihadists and Western countries have heightened the awareness of the potential power of religion to fuel conflict. Yet these religious traditions also promote peace and respect for others as key components in doing justice. Examining the potential role religion can play in generating peace and justice, specifically Christianity in South Africa's TRC, is of utmost importance as religiously inspired violence continues to occur. This book highlights the importance of accounting for religion in international conflict resolution.
Reconciliation Discourse by Annelies Verdoolaege Pdf
This volume is a research monograph analysing the South African Truth and Reconciliation Commission (TRC) from an ethnographic/linguistic point of view. The central proposition of this book is that the TRC can be regarded as a mechanism that leads to the hegemony of specific discourses, thus excercising power. The analysis illustrates how, through a certain type of reconciliation discourse constructed at the TRC hearings, a reconciliation-oriented reality took shape in post-TRC South Africa. Basically, the study points to the long-term implications a truth commission can exert on a traumatised post-conflict society. The book is unique on several levels: TRC discourse is explored in-depth on the basis of personal stories from TRC testifiers; a combination of Poststructuralist and Critical Discourse Analysis approaches form the theoretical foundations; and an extensive bibliography provides an impressive database of TRC publications.
Discourse and Human Rights Violations by Christine Anthonissen,Jan Blommaert Pdf
First published as a Special Issue of the Journal of Language and Politics 5:1 (2006), this collection of papers focuses, from a number of different disciplinary perspectives, on aspects of language and communication in official processes of dealing with traumatic pasts. It is a text that belongs to the genre of talking about pain, about state violence, about uncovering suppressed truths. Linguists and a number of other social scientists investigate discourses, mostly ones generated during hearings of the South African Truth and Reconciliation Commission (TRC), scrutinizing them for how trauma is articulated and sometimes overcome, for how confrontational discourses are publicly managed, for how, after gross human rights violations, reconciliation can be mediated. Language is viewed as an instrument of confronting a traumatic past, of negotiating conflict, and of initiating processes of healing for individuals as well as in communities.
Constitutionalism and Transitional Justice in South Africa by Andrea Lollini Pdf
Over the last fifteen years, the South African postapartheid Transitional Amnesty Process – implemented by the Truth and Reconciliation Commission (TRC) – has been extensively analyzed by scholars and commentators from around the world and from almost every discipline of human sciences. Lawyers, historians, anthropologists and sociologists as well as political scientists have tried to understand, describe and comment on the ‘shocking’ South African political decision to give amnesty to all who fully disclosed their politically motivated crimes committed during the apartheid era. Investigating the postapartheid transition in South Africa from a multidisciplinary perspective involving constitutional law, criminal law, history and political science, this book explores the overlapping of the postapartheid constitution-making process and the Amnesty Process for political violence under apartheid and shows that both processes represent important innovations in terms of constitutional law and transitional justice systems. Both processes contain mechanisms that encourage the constitution of the unity of the political body while ensuring future solidity and stability. From this perspective, the book deals with the importance of several concepts such as truth about the past, publicly shared memory, unity of the political body and public confession.
Transitional Justice in Italy and the Crimes of Fascism and Nazism by Paolo Caroli Pdf
This book presents a comprehensive analysis of the Italian experience of transitional justice examining how the crimes of Fascism and World War II have been dealt with from a comparative perspective. Applying an interdisciplinary and comparative methodology, the book offers a detailed reconstruction of the prosecution of the crimes of Fascism and the Italian Social Republic as well as crimes committed by Nazi soldiers against Italian civilians and those of the Italian army against foreign populations. It also explores the legal qualification and prosecution of the actions of the Resistance. Particular focus is given to the Togliatti Amnesty, the major turning point, through comparisons to the wider European post-WWII transitional scenario and other relevant transitional amnesties, allowing consideration of the intense debate on the legitimacy of amnesties under international law. The book evaluates the Italian experience and provides an ideal framework to assess the complexity of the interdependencies between time, historical memory and the use of criminal law. In a historical moment marked by the resurgence of racism, neo-fascism, falsifications of the past, as well as the desire to amend the faults of the past, the Italian unfinished experience of dealing with the Fascist era can help move the discussion forward. The book will be essential reading for students, researchers and academics in International Criminal Law, Transitional Justice, History, Memory Studies and Political Science.
Author : Frederick Luis Aldama Publisher : University of Texas Press Page : 393 pages File Size : 47,8 Mb Release : 2009-09-15 Category : Social Science ISBN : 9780292784345
Why the Humanities Matter by Frederick Luis Aldama Pdf
This wide-ranging study of the influence of postmodernism on contemporary culture offers a trenchant and uplifting defense of the humanities. Is there life after postmodernism? Many claim that it sounded the death knell for history, art, ideology, science, possibly all of Western philosophy, and even the concept of reality itself. Responding to essential questions regarding whether the humanities can remain politically and academically relevant amid this twenty-first-century uncertainty, Why the Humanities Matter offers a guided tour of the modern condition, calling upon thinkers in a variety of disciplines to affirm essential concepts such as truth, goodness, and beauty. Through a lens of “new humanism,” Frederick Aldama provides a liberating examination of the current cultural repercussions of assertions by such revolutionary theorists as Said, Foucault, Lacan, and Derrida, as well as Latin Americanists such as Sommer and Mignolo. Emphasizing pedagogy and popular culture with equal verve, Aldama presents an enlightening way to explore what “culture” actually does—who generates it and how it shapes our identities—and the role of academia in sustaining it.
Author : François Du Bois (jurist.),Antje du Bois-Pedain Publisher : Cambridge University Press Page : 335 pages File Size : 45,7 Mb Release : 2008 Category : Law ISBN : 9780521882057
Judging State-Sponsored Violence, Imagining Political Change by Bronwyn Leebaw Pdf
How should state-sponsored atrocities be judged and remembered? This controversial question animates contemporary debates on transitional justice and reconciliation. This book reconsiders the legacies of two institutions that transformed the theory and practice of transitional justice. Whereas the Nuremberg Trials exemplified the promise of legalism and international criminal justice, South Africa's Truth and Reconciliation Commission promoted restorative justice and truth commissions. Leebaw argues that the two frameworks share a common problem: both rely on criminal justice strategies to investigate experiences of individual victims and perpetrators, which undermines their critical role as responses to systematic atrocities. Drawing on the work of influential transitional justice institutions and thinkers such as Judith Shklar, Hannah Arendt, José Zalaquett and Desmond Tutu, Leebaw offers a new approach to thinking about the critical role of transitional justice – one that emphasizes the importance of political judgment and investigations that examine complicity in, and resistance to, systematic atrocities.
