Transitional Justice In Latin America

Author : Elin Skaar,Jemima Garcia-Godos,Cath Collins
Publisher : Routledge
Page : 318 pages
File Size : 48,9 Mb
Release : 2016-10-27
Category : Law
ISBN : 9781317526209

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Transitional Justice in Latin America by Elin Skaar,Jemima Garcia-Godos,Cath Collins Pdf

This book addresses current developments in transitional justice in Latin America – effectively the first region to undergo concentrated transitional justice experiences in modern times. Using a comparative approach, it examines trajectories in truth, justice, reparations, and amnesties in countries emerging from periods of massive violations of human rights and humanitarian law. The book examines the cases of Argentina, Brazil, Chile, Colombia, Guatemala, El Salvador, Paraguay, Peru and Uruguay, developing and applying a common analytical framework to provide a systematic, qualitative and comparative analysis of their transitional justice experiences. More specifically, the book investigates to what extent there has been a shift from impunity towards accountability for past human rights violations in Latin America. Using ‘thick’, but structured, narratives – which allow patterns to emerge, rather than being imposed – the book assesses how the quality, timing and sequencing of transitional justice mechanisms, along with the context in which they appear, have mattered for the nature and impact of transitional justice processes in the region. Offering a new approach to assessing transitional justice, and challenging many assumptions in the established literature, this book will be of enormous benefit to scholars and others working in this area.

Author : Global South Study Center (GSSC), University of Cologne,Marcia Esparza
Publisher : Lexington Books
Page : 216 pages
File Size : 43,8 Mb
Release : 2015-10-22
Category : History
ISBN : 9781498513869

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Legacies of State Violence and Transitional Justice in Latin America by Global South Study Center (GSSC), University of Cologne,Marcia Esparza Pdf

Legacies of State Violence and Transitional Justice in Latin America presents a nuanced and evidence-based discussion of both the acceptance and co-optation of the transitional justice framework and its potential abuses in the context of the struggle to keep the memory of the past alive and hold perpetrators accountable within Latin America and beyond. The contributors argue that “transitional justice”—understood as both a conceptual framework shaping discourses and a set of political practices—is a Janus-faced paradigm. Historically it has not always advanced but often hindered attempts to achieve historical memory and seek truth and justice. This raises the vital question: what other theoretical frameworks can best capture legacies of human rights crimes? Providing a historical view of current developments in Latin America’s reckoning processes, Legacies of State Violence and Transitional Justice in Latin America reflects on the meaning of the paradigm’s reception: what are the broader political and social consequences of supporting, appropriating, or rejecting the transitional justice paradigm?

Author : Ezequiel A. Gonzalez-Ocantos
Publisher : Cambridge University Press
Page : 128 pages
File Size : 40,8 Mb
Release : 2020-01-31
Category : Political Science
ISBN : 9781108876414

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The Politics of Transitional Justice in Latin America by Ezequiel A. Gonzalez-Ocantos Pdf

How has Latin America pioneered the field of transitional justice (TJ)? Do approaches vary across the region? This Element describes Latin American innovations in trials and truth commissions, and evaluates two influential models that explain variation in TJ outcomes: the Huntingtonian and Justice Cascade approaches. It argues that scholars should complement these approaches with one that recognizes the importance of state capacity building and institutional change. To translate domestic/international political pressure and human rights norms into outcomes, states must develop 'TJ capabilities'. Not only should states be willing to pursue these highly complex policies, they must also develop competent bureaucracies.

Author : Jessica Almqvist,Carlos Esposito
Publisher : Routledge
Page : 359 pages
File Size : 42,5 Mb
Release : 2013-06-17
Category : Law
ISBN : 9781136579257

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The Role of Courts in Transitional Justice by Jessica Almqvist,Carlos Esposito Pdf

Bringing together a group of outstanding judges, scholars and experts with first-hand experience in the field of transitional justice in Latin America and Spain, this book offers an insider’s perspective on the enhanced role of courts in prosecuting serious human rights violations and grave crimes, such as genocide and war crimes, committed in the context of a prior repressive regime or current conflict. The book also draws attention to the ways in which regional and international courts have come to contribute to the initiation of national judicial processes. All the contributions evince that the duty to investigate and prosecute grave crimes can no longer simply be brushed to the side in societies undergoing transitions. The Role of Courts in Transitional Justice is essential reading for practitioners, policy-makers and scholars engaged in the transitional justice processes or interested in judicial and legal perspectives on the role of courts, obstacles faced, and how they may be overcome. It is unique in its ambition to offer a comprehensive and systematic account of the Latin American and Spanish experience and in bringing the insights of renowned judges and experts in the field to the forefront of the discussion.

Author : Ezequiel A. Gonzalez-Ocantos
Publisher : Cambridge University Press
Page : 75 pages
File Size : 48,7 Mb
Release : 2020-02-06
Category : Political Science
ISBN : 1108799086

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The Politics of Transitional Justice in Latin America by Ezequiel A. Gonzalez-Ocantos Pdf

How has Latin America pioneered the field of transitional justice (TJ)? Do approaches vary across the region? This Element describes Latin American innovations in trials and truth commissions, and evaluates two influential models that explain variation in TJ outcomes: the Huntingtonian and Justice Cascade approaches. It argues that scholars should complement these approaches with one that recognizes the importance of state capacity building and institutional change. To translate domestic/international political pressure and human rights norms into outcomes, states must develop 'TJ capabilities'. Not only should states be willing to pursue these highly complex policies, they must also develop competent bureaucracies.

Author : International Center for Transnational Justice
Publisher : Unknown
Page : 539 pages
File Size : 52,8 Mb
Release : 2011
Category : Amnesty
ISBN : 858582011X

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Transitional Justice by International Center for Transnational Justice Pdf

Author : Jessica Almqvist,Carlos Esposito
Publisher : Routledge
Page : 338 pages
File Size : 53,9 Mb
Release : 2013-06-17
Category : Law
ISBN : 9781136579264

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The Role of Courts in Transitional Justice by Jessica Almqvist,Carlos Esposito Pdf

Bringing together a group of outstanding judges, scholars and experts with first-hand experience in the field of transitional justice in Latin America and Spain, this book offers an insider’s perspective on the enhanced role of courts in prosecuting serious human rights violations and grave crimes, such as genocide and war crimes, committed in the context of a prior repressive regime or current conflict. The book also draws attention to the ways in which regional and international courts have come to contribute to the initiation of national judicial processes. All the contributions evince that the duty to investigate and prosecute grave crimes can no longer simply be brushed to the side in societies undergoing transitions. The Role of Courts in Transitional Justice is essential reading for practitioners, policy-makers and scholars engaged in the transitional justice processes or interested in judicial and legal perspectives on the role of courts, obstacles faced, and how they may be overcome. It is unique in its ambition to offer a comprehensive and systematic account of the Latin American and Spanish experience and in bringing the insights of renowned judges and experts in the field to the forefront of the discussion.

Author : Cath Collins
Publisher : Penn State Press
Page : 293 pages
File Size : 41,7 Mb
Release : 2010
Category : Political Science
ISBN : 9780271036878

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Post-transitional Justice by Cath Collins Pdf

"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 : Jeffrey Davis
Publisher : Cambridge University Press
Page : 257 pages
File Size : 40,6 Mb
Release : 2014
Category : Law
ISBN : 9780521514361

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Seeking Human Rights Justice in Latin America by Jeffrey Davis Pdf

This book studies how victims of human rights violations in Latin America, their families, and their advocates work to overcome entrenched impunity and seek legal justice. Their struggles show that legal justice is a multifaceted process, the overarching purpose of which is to restore human dignity and prevent further violence. Uncovering, revealing, and proving the truth are essential elements of legal justice, and are also powerful tools to activate the process. When faced with stubborn impunity at home, victims, families, and advocates can carry on their work for legal justice by bringing cases in courts in other countries or in the Inter-American human rights system. These extra-territorial courts can jumpstart the process of legal justice at home. Seeking Human Rights Justice in Latin America examines the political and legal struggle through the lens of the human story at the heart of these cases.

Author : Cynthia Arnson
Publisher : Stanford University Press
Page : 516 pages
File Size : 48,9 Mb
Release : 1999
Category : Political Science
ISBN : 0804735891

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Comparative Peace Processes in Latin America by Cynthia Arnson Pdf

This book is about ending guerrilla conflicts in Latin America through political means. It is about peace processes, aimed at securing an end to military hostilities in the context of agreements that touch on some of the principal political, economic, social, and ethnic imbalances that led to conflict in the first place. The book presents a carefully structured comparative analysis of six Latin American countries--Nicaragua, El Salvador, Guatemala, Mexico, Colombia, and Peru--which experienced guerrilla warfare that outlasted the end of the Cold War. The book explores in detail the unique constellation of national and international events that allowed some wars to end in negotiated settlement, one to end in virtual defeat of the insurgents, and the others to rage on. The aim of the book is to identify the variables that contribute to the success or failure of a peace dialogue. Though the individual case studies deal with dynamics that have allowed for or impeded successful negotiations, the contributors also examine comparatively such recurrent dilemmas as securing justice for victims of human rights abuses, reforming the military and police forces, and reconstructing the domestic economy. Serving as a bridge between the distinct literatures on democratization in Latin America and on conflict resolution, the book underscores the reciprocal influences that peace processes and democratic transition have on each other, and the ways democratic "space” is created and political participation enhanced by means of a peace dialogue with insurgent forces. The case studies--by country and issue specialists from Latin America, the United States, and Europe--are augmented by commentaries of senior practitioners most directly involved in peace negotiations, including United Nations officials, former peace advisers, and activists from civil society.

Author : Eugenia Allier-Montaño,Emilio Crenzel
Publisher : Springer
Page : 260 pages
File Size : 43,9 Mb
Release : 2016-01-12
Category : Political Science
ISBN : 9781137527349

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The Struggle for Memory in Latin America by Eugenia Allier-Montaño,Emilio Crenzel Pdf

This book examines the struggles that unfolded in Latin America over the memory of the pasts of political violence experienced by the countries of the continent in the second half of the twentieth century: Argentina, Brazil, Chile, Colombia, the United States, Guatemala, El Salvador, Mexico, Paraguay, Peru, and Uruguay.

Author : Michelle Frances Carmody
Publisher : Springer
Page : 244 pages
File Size : 51,6 Mb
Release : 2018-04-27
Category : History
ISBN : 9783319783932

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Human Rights, Transitional Justice, and the Reconstruction of Political Order in Latin America by Michelle Frances Carmody Pdf

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 : Juan F. Gonzalez-Bertomeu,Roberto Gargarella
Publisher : Routledge
Page : 270 pages
File Size : 44,7 Mb
Release : 2016-04-20
Category : Law
ISBN : 9781317026204

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The Latin American Casebook by Juan F. Gonzalez-Bertomeu,Roberto Gargarella Pdf

Traditionally relegated because of political pressure and public expectations, courts in Latin America are increasingly asserting a stronger role in public and political discussions. This casebook takes account of this phenomenon, by offering a rigorous and up-to-date discussion of constitutional adjudication in Latin America in recent decades. Bringing to the forefront the development of constitutional law by Latin American courts in various subject matters, the volume aims to highlight a host of creative arguments and solutions that judges in the region have offered. The authors review and discuss innovative case law in light of the countries’ social, political and legal context. Each chapter is devoted to a discussion of a particular area of judicial review, from freedom of expression to social and economic rights, from the internalization of human rights law to judicial checks on the economy, from gender and reproductive rights to transitional justice. The book thus provides a very useful tool to scholars, students and litigants alike.

Author : Sandra Brunnegger,Karen Ann Faulk
Publisher : Stanford University Press
Page : 241 pages
File Size : 46,6 Mb
Release : 2016-06-15
Category : Social Science
ISBN : 9780804799119

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A Sense of Justice by Sandra Brunnegger,Karen Ann Faulk Pdf

Throughout Latin America, the idea of "justice" serves as the ultimate goal and rationale for a wide variety of actions and causes. In the Chilean Atacama Desert, residents have undertaken a prolonged struggle for their right to groundwater. Family members of bombing victims in Buenos Aires demand that the state provide justice for the attack. In Colombia, some victims of political violence have turned to the courts for resolution, while others reject the state's ability to fairly adjudicate their grievances and have constructed a non-state tribunal. In each of these examples, the protagonists seek one main thing: justice. A Sense of Justice ethnographically explores the complex dynamics of justice production across Latin America. The chapters examine (in)justice as it is lived and imagined today and what it means for those who claim and regulate its parameters, including the Brazilian police force, the Permanent Peoples' Tribunal in Colombia, and the Argentine Supreme Court. Inextricable as "justice" is from inequality, violence, crime, and corruption, it emerges through memory, in space, and where ideals meet practical limitations. Ultimately, the authors show how understanding the dynamic processes of constructing justice is essential to creating cooperative rather than oppressive forms of law.

Author : Roberta Villalón
Publisher : Rowman & Littlefield
Page : 281 pages
File Size : 49,9 Mb
Release : 2017-07-06
Category : History
ISBN : 9781442267268

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Memory, Truth, and Justice in Contemporary Latin America by Roberta Villalón Pdf

This powerful text provides the first systematic analysis of the second wave of memory and justice mobilization throughout Latin America. Pairing clear explanations of concepts and debates with case studies, the book offers a unique opportunity for students to interpret the history and politics of Latin American countries. The contributors provide insight into human rights issues and grassroots movements that are essential for a broader understanding of struggles for justice, memory, and equality across the globe, especially during our current unsettled times of political polarization, violence, repression, and popular resistance worldwide.