The Statute Of Limitations Within The Framework Of Chilean Transitional Justice
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The Statute Of Limitations Within The Framework Of Chilean Transitional Justice
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Author : Rodrigo González-Fuente Rubilar
language : en
Publisher: Cuvillier
Release Date : 2013
The Statute Of Limitations Within The Framework Of Chilean Transitional Justice written by Rodrigo González-Fuente Rubilar and has been published by Cuvillier this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.
Transitional Justice is increasingly consolidating as a legal framework directed at providing an answer as to how to deal with the serious violations of human rights committed during a warlike conflict or a dictatorship. In order to achieve this goal, transitional justice resorts to measures which must have the victim's rights as a limit. The victim's perspective is emphasized in the context of transitional justice due to the special characteristics of physical and psychological harm that they suffered during the constitutional break. Thus, victims' rights constitute a schema of reference for determining the admissibility of a political measure enacted during the transition or the re-thinking of traditional legal institutions. It is precisely in this context that the statute of limitations must be questioned with regards to the criminal prosecution of core crimes.
Post Transitional Justice
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Author : Cath Collins
language : en
Publisher: Penn State Press
Release Date : 2015-10-29
Post Transitional Justice written by Cath Collins and has been published by Penn State Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-10-29 with History categories.
Latin America is still dealing with the legacy of terror and torture from its authoritarian past. In the years after the restoration of democratic governments in countries where violations of human rights were most rampant, the efforts to hold former government officials accountable were mainly conducted at the level of the state, through publicly appointed truth commissions and other such devices. This stage of “transitional justice” has been carefully and exhaustively studied. But as this first wave of efforts died down, with many still left unsatisfied that justice had been rendered, a new approach began to take over. In Post-transitional Justice, Cath Collins examines the distinctive nature of this approach, which combines evolving legal strategies by private actors with changes in domestic judicial systems. Collins presents both a theoretical framework and a finely detailed investigation of how this has played out in two countries, Chile and El Salvador. Drawing on more than three hundred interviews, Collins analyzes the reasons why the process achieved relative success in Chile but did not in El Salvador.
Past Human Rights Violations And The Question Of Indifference The Case Of Chile
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Author : Hugo Rojas
language : en
Publisher:
Release Date : 2022
Past Human Rights Violations And The Question Of Indifference The Case Of Chile written by Hugo Rojas and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with categories.
This book contributes to the fields of memory and human rights. It offers a novel and interdisciplinary theory on social indifference, and in particular on the indifference of people to human rights violations committed against certain sectors of society in turbulent times. These theoretical frameworks are explored empirically with respect to the Chilean case. Through a blend of mixed methods, the book explains the causes, characteristics and social consequences of the current indifference of Chileans with respect to the human rights violations committed during the dictatorship of Augusto Pinochet (1973-90). The different findings are an invitation to rethink new challenges of transitional justice processes in fragmented societies and to strengthen public policies on human rights. Hugo Rojas is Professor of Sociology of Law and Human Rights at Alberto Hurtado University and researcher at the Millenium Institute on Violence and Democracy. He holds degrees from Oxford, LSE and the Catholic University of Chile.
The Future Of Peace
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Author : Alexandra Harrington
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-11-03
The Future Of Peace written by Alexandra Harrington and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-03 with Law categories.
In this timely book, Alexandra Harrington examines the legal and policy terms contained in transitional justice mechanisms through the lenses of intergenerational equity and justice, and the impact on current and future generations. Based on these findings, she offers a new definition of transitional justice that focuses on generational incorporation to ensure a durable, equitable and just peace.
Transitional Justice
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Author : Gerhard Werle
language : en
Publisher: Springer Nature
Release Date : 2022-09-08
Transitional Justice written by Gerhard Werle and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-08 with Law categories.
The expression “transitional justice” emerged at the end of the Cold War, during the transition from dictatorships to democracies, and serves as a central concept in dealing with systemic injustice. This textbook examines the basic principles of transitional justice and explores its core mechanisms, including prosecutions, amnesties, truth commissions, reparations, and vetting the public service. It elaborates the substance and legal framework of these mechanisms and discusses current challenges. The book provides extensive material illustrating a wide variety of transitional justice situations. “This book summarizes the subjects of transitional justice and Vergangenheitsbewältigung systematically and clearly” (Joachim Gauck, German Federal President, 2012-2017).
Building A Future On Peace And Justice
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Author : Kai Ambos
language : en
Publisher: Springer Science & Business Media
Release Date : 2008-12-04
Building A Future On Peace And Justice written by Kai Ambos and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-12-04 with Law categories.
Results of the 2007 Nuremberg Conference on Peace and Justice: Tensions between peace and justice have long been debated by scholars, practitioners and agencies including the United Nations, and both theory and policy must be refined for very practical application in situations emerging from violent conflict or political repression. Specific contexts demand concrete decisions and approaches aimed at redress of grievance and creation of conditions of social justice for a non-violent future. There has been definitive progress in a world in which blanket amnesties were granted at times with little hesitation. There is a growing understanding that accountability has pragmatic as well as principled arguments in its favour. Practical arguments as much as shifts in the norms have created a situation in which the choice is increasingly seen as "which forms of accountability" rather than a stark choice between peace and justice. It is socio-political transformation, not just an end to violence, that is needed to build sustainable peace. This book addresses these dilemmas through a thorough overview of the current state of legal obligations; discussion of the need for a holistic approach including development; analysis of the implications of the coming into force of the ICC; and a series of "hard" case studies on internationalized and local approaches devised to navigate the tensions between peace and justice.
Gender Politics In Transitional Justice
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Author : Catherine O'Rourke
language : en
Publisher: Routledge
Release Date : 2013-08-22
Gender Politics In Transitional Justice written by Catherine O'Rourke and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-08-22 with Law categories.
What role do transitional justice processes play in determining the gender outcomes of transitions from conflict and authoritarianism? What is the impact of transitional justice processes on the human rights of women in states emerging from political violence? Gender Politics in Transitional Justice argues that human rights outcomes for women are determined in the space between international law and local gender politics. The book draws on feminist political science to reveal the key gender dynamics that shape the strategies of local women’s movements in their engagement with transitional justice, and the ultimate success of those strategies, termed ‘the local fit’. Also drawing on feminist doctrinal scholarship in international law, ‘the international frame’ examines the role of international law in defining harms against women in transitional justice and in determining the ‘from’ and ‘to’ of transitions from conflict and authoritarianism. This book locates evolving state practice in gender and transitional justice over the past two decades within the context of the enhanced protection of women’s human rights under international law. Relying on original empirical and legal research in Chile, Northern Ireland and Colombia, the book speaks more broadly to the study of gender politics and international law in transitional justice.
Legacies Of State Violence And Transitional Justice In Latin America
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Author : Global South Study Center (GSSC), University of Cologne
language : en
Publisher: Lexington Books
Release Date : 2015-10-22
Legacies Of State Violence And Transitional Justice In Latin America written by Global South Study Center (GSSC), University of Cologne and has been published by Lexington Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-10-22 with History categories.
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?
Humanitarianism And Modern Culture
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Author : Keith Tester
language : en
Publisher: Penn State Press
Release Date : 2010-01-01
Humanitarianism And Modern Culture written by Keith Tester and has been published by Penn State Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-01 with Political Science categories.
"An examination of humanitarianism in Western society. Argues that humanitarianism has become a staple part of modern media and celebrity culture"--Résumé de l'éditeur.
Assessing The Long Term Impact Of Truth Commissions
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Author : Anita Ferrara
language : en
Publisher: Routledge
Release Date : 2014-09-19
Assessing The Long Term Impact Of Truth Commissions written by Anita Ferrara and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-19 with Law categories.
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.