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After Violence
After Violence: Transitional Justice, Peace, and Democracy examines the effects of transitional justice on the development of peace and democracy. Anticipated contributions of transitional justice mechanisms are commonly stated in universal terms, with little regard for historically specific contexts. Yet a truth commission, for example, will not have the same function in a society torn by long-term civil war or genocide as in a society emerging from authoritarian repression. Addressing trials, reparations, truth commissions, and amnesties, the book systematically addresses the experiences of four very different contemporary transitional justice cases: post-authoritarian Uruguay and Peru and post-conflict Rwanda and Angola. Its analysis demonstrates that context is a crucial determinant of the impact of transitional justice processes, and identifies specific contextual obstacles and limitations to these processes. The book will be of much interest to scholars in the fields of transitional justice and peacebuilding, as well as students generally concerned with human rights and democratisation.
Transitional Justice in Latin America
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 investiga...
Roads to Reconciliation
The past two decades have witnessed the end of several civil wars and authoritarian regimes. In a period shaped by the ideal of democratization, in which more countries are emerging from deep-rooted conflicts, international attention is turning to the question of how societies with a grievous past face issues of accountability and reconciliation. How do societies deal with a past characterized by gross human rights violations? What kinds of processes—judicial as well as non-judicial—are most likely to generate a sense of reconciliation? Using an interdisciplinary approach, this book provides a systematic and comparative analysis of reconciliation processes in various societies that in recent years have made a transition from authoritarian to democratic rule, or from war to relative peace. Revisiting case studies from Latin America, Africa, Europe, and Asia through a lens of comparative analysis, shedding new light on how societies have dealt with their violent pasts, Roads to Reconciliation is essential reading for both scholars and practitioners concerned with human rights, transitional justice, or peace building.
Democratization and the Judiciary
Introduction : the accountability function of courts in new democracies / Siri Gloppen, Roberto Gargarella, and Elin Skaar Judicial review in developed democracies / Martin Shapiro How some reflections on the United States' experience may inform African efforts to build court systems and the rule of law / Jennifer Widner The constitutional court and control of presidential extraordinary powers in Colombia / Rodrigo Uprimny The politics of judicial review in Chile in the era of domestic transition, 1990-2002 / Javier A. Couso Legitimating transformation : political resource allocation in the South African constitutional court / Theunis Roux The accountability function of courts in Tanzania and Zambia / Siri Gloppen Renegotiating "law and order" : judicial reform and citizen responses in post-war Guatemala / Rachel Sieder Economic reform and judicial governance in Brazil : balancing independence with accountability / Carlos Santiso In search of a democratic justice what courts should not do : Argentina, 1983-2002 / Roberto Gargarella Lessons learned and the way forward / Irwin P. Stotzky.
Exploring Truth Commission Recommendations in a Comparative Perspective
Based on fieldwork unprecedented in scope, this project provides the first systematic study of the formulation and implementation of the recommendations of thirteen Latin American truth commissions.
Judicial Independence and Human Rights in Latin America
This comparative analysis, focusing on Argentina, Chile, and Uruguay, explores the complex relationship between executive politics and judicial action, showing that judicial independence is a crucial factor in prosecution. It will engage Latin Americanists as well as all who are concerned with justice and human rights around the world.
Justice Framed
A new perspective on the history of transitional justice and why the discourse prioritises particular responses to human rights violations.
After Dictatorship
Numerous studies concerning transitional justice exist. However, comparatively speaking, the effects actually achieved by measures for coming to terms with dictatorships have seldom been investigated. There is an even greater lack of transnational analyses. This volume contributes to closing this gap in research. To this end, it analyses processes of coming to terms with the past in seven countries with different experiences of violence and dictatorship. Experts have drawn up detailed studies on transitional justice in Albania, Argentina, Ethiopia, Chile, Rwanda, South Africa and Uruguay. Their analyses constitute the empirical material for a comparative study of the impact of measures intro...
Transitional Justice and Peacebuilding on the Ground
This book seeks to refine our understanding of transitional justice and peacebuilding, and long-term security and reintegration challenges after violent conflicts. As recent events following political change during the so-called 'Arab Spring' demonstrate, demands for accountability often follow or attend conflict and political transition. While traditionally much literature and many practitioners highlighted tensions between peacebuilding and justice, recent research and practice demonstrates a turn away from the supposed 'peace vs justice' dilemma. This volume examines the complex relationship between peacebuilding and transitional justice through the lenses of the increased emphasis on vic...
The Condor Trials
Stories of transnational terror and justice illuminate the past and present of South America’s struggles for human rights. Through the voices of survivors, human rights activists, judicial actors, and experts, The Condor Trials unravels the secrets of transnational repression masterminded by South American dictators between 1969 and 1981. Under Operation Condor, the regimes of Argentina, Bolivia, Brazil, Chile, Paraguay, and Uruguay closely monitored hundreds of exiles and kidnapped, tortured, murdered, or forcibly returned them to their countries of origin. This cross-border network designed to silence opposition in exile transformed South America into a borderless zone of terror and impunity. Francesca Lessa shows how, gradually, transnational networks of activists materialized and effectively transcended national borders to achieve justice for the victims of these horrors. Based on extensive fieldwork, archival research, trial ethnography, and over 100 interviews, The Condor Trials explores South America’s past and present and sheds light on ongoing struggles for justice as its societies come to terms with the unparalleled atrocities of their not-so-distant pasts.
