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Author: Elin Skaar Publisher: Routledge ISBN: 1317526201 Category : Law Languages : en Pages : 318
Book Description
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: Elin Skaar Publisher: Routledge ISBN: 1317526201 Category : Law Languages : en Pages : 318
Book Description
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 Publisher: Lexington Books ISBN: 1498513867 Category : History Languages : en Pages : 216
Book Description
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 ISBN: 9781108799089 Category : Political Science Languages : en Pages : 75
Book Description
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 Publisher: Routledge ISBN: 1136579257 Category : Law Languages : en Pages : 359
Book Description
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 ISBN: 0271036877 Category : Political Science Languages : en Pages : 293
Book Description
"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: Cynthia Arnson Publisher: Stanford University Press ISBN: 9780804735896 Category : Political Science Languages : en Pages : 516
Book Description
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: Michelle Frances Carmody Publisher: Springer ISBN: 3319783939 Category : History Languages : en Pages : 244
Book Description
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: Eugenia Allier-Montaño Publisher: Springer ISBN: 113752734X Category : Political Science Languages : en Pages : 260
Book Description
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: Juan F. Gonzalez-Bertomeu Publisher: Routledge ISBN: 1317026209 Category : Law Languages : en Pages : 270
Book Description
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: Ezequiel A. Gonzalez-Ocantos Publisher: Cambridge University Press ISBN: 1108876412 Category : Political Science Languages : en Pages :
Book Description
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: Elin Skaar
Author: Elin Skaar
Author: Global South Study Center (GSSC), University of Cologne
Author: Ezequiel A. Gonzalez-Ocantos
Author: Jessica Almqvist
Author: Cath Collins
Author: Cynthia Arnson
Author: Michelle Frances Carmody
Author: Eugenia Allier-Montaño
Author: Juan F. Gonzalez-Bertomeu
Author: Ezequiel A. Gonzalez-Ocantos