Legacies of State Violence and Transitional Justice in Latin America deconstructs the myth of unanimous support for the transitional justice paradigm across Latin America and conceptualizes transitional justice as a Janus-faced paradigm, as historically it has often hindered rather than advanced the quest for memory, truth, and justice. Based on local empirical evidence and including valuable voices from the Latin American Global South, this edited collection contradicts dominant assumptions in the much-cited international transitional justice literature.
A Janus-Faced Paradigm?
Author: Global South Study Center (GSSC), University of Cologne,Marcia Esparza
Publisher: Lexington Books
Although the Guatemalan Civil War ended more than two decades ago, its bloody legacy continues to resonate even today. In Silenced Communities, author Marcia Esparza offers an ethnographic account of the failed demilitarization of the rural militia in the town of Santo Tomás Chichicastenango following the conflict. Combining insights from postcolonialism, subaltern studies, and theories of internal colonialism, Esparza explores the remarkable resilience of ideologies and practices engendered in the context of the Cold War, demonstrating how the lingering effects of grassroots militarization affect indigenous communities that continue to struggle with inequality and marginalization.
Legacies of Militarization and Militarism in a Rural Guatemalan Town
Author: Marcia Esparza
Publisher: Berghahn Books
Category: Political Science
This book provides a comprehensive, interdisciplinary study of the multiple legacies of Francoist violence in contemporary Spain, with a special focus on the exhumations of mass graves from the Civil War and post-war era. The various contributions frame their study within a broader reflection on the nature, function and legacies of state-sanctioned violence in its many forms. Offering perspectives from fields as varied as history, political science, literary and cultural studies, forensic and cultural anthropology, international human rights law, sociology, and art, this volume explores the multifaceted nature of a society’s reckoning with past violence. It speaks not only to those interested in contemporary Spain and Western Europe, but also to those studying issues of transitional and post-transitional justice in other national and regional contexts.
Exhuming the Past, Understanding the Present
Author: Ofelia Ferrán,Lisa Hilbink
This volume explores the evolving and complex memorial consequences of state-sponsored violence in post-dictatorial Argentina. Specifically, it looks at the power and significance of personal emotions and affects in shaping memorial culture. This volume contends that we need to look beyond political and ideological contestations to a deeper level of how memorial cultures are formed and sustained. It argues that we cannot account for the politics of memory in modern-day Argentina without acknowledging and exploring the role played by individual emotions and affects in generating and shaping collective emotions and affects. Drawing from direct testimony from Argentinian women who have experienced political and physical violence, the research in this volume aims at understanding how their memories may be a different source of insight into the deep animosities within and between Argentine memorial cultures. In direct contrast to the nominally objective and universalist sensibility that traditionally has driven transitional justice endeavours, this volume examines how affective memories of trauma are a potentially disruptive power within the reconciliation paradigm—and thus affect should be taken into account when considering transitional justice. Accordingly, Cultures of Remembrance for Women in Post-Dictatorial Argentina is an excellent resource for those interested in human rights, transitional justice, clinical psychology and social work, and Latin American conflicts.
Women's Affective Memories in Post-Dictatorial Argentina
Author: Jill Stockwell
Publisher: Springer Science & Business Media
Transitional Justice in Rwanda: Accountability for Atrocity comprehensively analyzes the full range of the transitional justice processes undertaken for the Rwandan genocide. Drawing on the author’s extensive professional experience as the principal justice policy maker and the leading law enforcement officer in Rwanda from 1996-2003, the book provides an in-depth analysis of the social, political and legal challenges faced by Rwanda in the aftermath of the genocide and the aspirations and legacy of transitional justice. The book explores the role played by the accountability processes not just in pursuing accountability but also in shaping the reconstruction of Rwanda’s institutions of democratic governance and political reconciliation. Central to this exploration will be the examination of whether or not transitional justice in Rwanda has contributed to a foundational rule of law reform process. While recognizing the necessity of pursuing accountability for mass atrocity, the book argues that a maximal approach to accountability for genocide may undermine the promotion of core objectives of transitional justice. Taking on one of the key questions facing practitioners and scholars of transitional justice today, the book suggests that the pursuit of mass accountability, particularly where socio-economic resources and legal capacity is limited, may destabilize the process of rule of law reform, endangering core human rights norms. Moreover, the book suggests that pursuing a strategy of mass accountability may undermine the process of democratic transition, particularly in a context where impunity for crimes committed by the victors of armed conflicts persists. Highlighting the ongoing democratic deficit in Rwanda and resulting political instability in the Great Lakes region, the book argues that the effectiveness of transitional justice ultimately hinges on the nature and success of political transition.
Accountability for Atrocity
Author: Gerald Gahima
This book examines the Moroccan experience of transitional justice, more specifically the negotiation of the legacy of the period commonly referred to as the Years of Lead. This period of Moroccan history roughly spans from the early 1960s to 1999 during which thousands of citizens were arbitrarily detained, tortured and killed because of their political opinions. Through an analysis of testimonies, public documents and personal interviews, Transitional Justice and Human Rights in Morocco seeks to shed light on Moroccan citizens’ struggle for recognition and reparation in the aftermath of a long history of grave human rights violations, ranging from arbitrary arrest and torture to state sponsored disappearances and murders. While Morocco’s experience is often presented within a historical global context, this book offers a comparative analysis, discussing other national examples to situate the Moroccan experience within the relatively recent history of political transitions. Seeking to advance a rhetoric of symbolic justice that privileges the voice of the victims and offers hope for the renewal of a community’s ethos through public discourse and ethico-political practices, this book will be an invaluable resource for students and scholars with an interest in Human Rights and Middle East Politics.
Negotiating the Years of Lead
Author: Fadoua Loudiy
Category: Political Science
Assembles a rich variety of legal, political, and philosophical perspectives on how societies can deal with the legacy of repression.
How Emerging Democracies Reckon with Former Regimes
Author: Neil J. Kritz
Publisher: US Institute of Peace Press
Families of the Missing interrogates the current practice of transitional justice from the viewpoint of the families of those disappeared and missing as a result of conflict and political violence. Studying the needs of families of the missing in two contexts, Nepal and Timor-Leste, the practice of transitional justice is seen to be rooted in discourses that are alien to predominantly poor and rural victims of violence, and that are driven by elites with agendas that diverge from those of the victims. In contrast to the legalist orientation of the global transitional justice project, victims do not see judicial process as a priority. Rather, they urgently seek an answer concerning the fate of the missing, and to retrieve human remains. As important are livelihood issues where families are struggling to cope with the loss of breadwinners and seek support to ensure economic security. Although rights are the product of a discourse that claims to be global and universal, needs are necessarily local and particular, the product of culture and context. And it is from this perspective that this volume seeks both to understand the limitations of transitional justice processes in addressing the priorities of victims, and to provide the basis of an emancipatory victim-centred approach to transitional justice.
A Test for Contemporary Approaches to Transitional Justice
Author: Simon Robins
Transitional Justice and Civil Society in the Balkans covers civil society engagements with transitional justice processes in the Balkans. The Balkans are a region marked by the post-communist and post-conflict transitional turmoil through which its countries are going through. This volume is intended to provide a comprehensive introduction to research in transitional justice in this part of the world, mostly written by local scholars. Transitional justice is ever-growing field which responds to dilemmas over how successor regimes should deal with past human rights abuses of their authoritarian predecessors. The editors and author emphasize the relatively unexplored and under-researched role of civil society groups and social movements, such as local women’s groups, the role of art and community media and other grass-roots transitional justice mechanisms and initiatives. Through specific case-studies, the unique contribution of this volume is not only that it covers a part of the world that is not adequately represented in transitional justice field, but also that the volume is the first project originally researched and written by experts and scholars from the region or in collaboration with international scholars.
Author: Olivera Simić,Zala Volčič
Publisher: Springer Science & Business Media
Überblick über ein hochbrisantes Thema. Auf den globalen Schauplätzen oder auf dem Schulhof nebenan, Gewalt ist hier wie dort gegenwärtig und wird in den Medien intensiv diskutiert. Was verbirgt sich hinter dem Begriff Gewalt ? Woraus erwächst Gewalt und wie äußert sie sich? Welches sind die Umstände und Ursachen? Von der Anthropologie bis zu den Sportwissenschaften: Der Band zeigt den Gewalt-Diskurs aus unterschiedlichen wissenschaftlichen Perspektiven. Mit einem ausführlichen Kapitel über die Darstellung von Gewalt in Kunst und Medien.
Ein interdisziplinäres Handbuch
Author: Christian Gudehus,Michaela Christ
Category: Social Science
Building upon an interdisciplinary synthesis of recent literature from the fields of transitional justice and conflict transformation, this book introduces a groundbreaking theoretical framework that highlights the critical importance of identity in the relationship between transitional justice and reconciliation in deeply divided societies. Using this framework, Aiken argues that transitional justice interventions will be successful in promoting reconciliation and sustainable peace to the extent that they can help to catalyze those crucial processes of ‘social learning’ needed to transform the antagonistic relationships and identifications that divide post-conflict societies even after the signing of formal peace agreements. Combining original field research and an extensive series of expert interviews, Aiken applies this social learning model in a comprehensive examination of both the South African Truth and Reconciliation Commission and the uniquely ‘decentralized’ approach to transitional justice that has emerged in Northern Ireland. By offering new insight into the experiences of these countries, Aiken provides compelling firsthand evidence to suggest that transitional justice interventions can best contribute to post-conflict reconciliation if they not only provide truth and justice for past human rights abuses, but also help to promote contact, dialogue and the amelioration of structural and material inequalities between former antagonists. Identity, Reconciliation and Transitional Justice makes a timely contribution to debates about how to best understand and address past human rights violations in post-conflict societies, and it offers a valuable resource to students, scholars, practitioners and policymakers dealing with these difficult issues.
Overcoming Intractability in Divided Societies
Author: Nevin T. Aiken
In the last five to ten years, pressure for political liberalisation, and the growth of civil society and independent media, inside Arab countries have prompted the debate about violent events in the postcolonial period. This book features studies of six Arab countries in which legacies of political violence have been challenged through various initiatives to promote "truth-telling" and transitional justice. The analysis departs from a liberal, teleological understanding of truth and reconciliation as a linear process from trauma through memory to national healing. Instead, the articles highlight how the interplay between state-orchestrated initiatives (such as Truth and Reconciliation committees and ministerial committees); civil society actors (including former political prisoners, investigative journalists and NGOs); and external actors (such as transnational NGOs, state sponsored dialogue initiatives, the UN and the EU) is creating a new political field. The book examines the extent to which this field challenges the Arab nation-state’s monopoly on history and violence, and asks whether public narratives of violence, memory and justice consolidate or challenge political legitimacy of current regimes. This book was published as a special issue of Mediterranean Politics.
Author: Sune Haugbolle,Anders Hastrup
Category: Political Science
The world was watching when footage of the "tank man" -- the lone Chinese citizen blocking the passage of a column of tanks during the brutal 1989 crackdown on protesters in Beijing's Tiananmen Square -- first appeared in the media. The furtive video is now regarded as an iconic depiction of a government's violence against its own people. Throughout the twentieth century, states across East Asia committed many relatively undocumented atrocities, with victims numbering in the millions. The contributors to this insightful volume analyze many of the most notorious cases, including the Japanese army's Okinawan killings in 1945, Indonesia's anticommunist purge in 1965--1968, Thailand's Red Drum incinerations in 1972--1975, Cambodia's Khmer Rouge massacre in 1975--1978, Korea's Kwangju crackdown in 1980, the Philippines' Mendiola incident in 1987, Myanmar's suppression of the democratic movement in 1988, and China's Tiananmen incident. With in-depth investigation of events that have long been misunderstood or kept hidden from public scrutiny, State Violence in East Asia provides critical insights into the political and cultural dynamics of state-sanctioned violence and discusses ways to prevent it in the future.
Author: N. Ganesan,Sung Chull Kim
Publisher: University Press of Kentucky
In this new collection of essays the editors assess the legacy of the Nuremberg Trial asking whether the Trial really did have a civilising influence or if it constituted little more than institutionalised vengeance. Three essays focus particularly on the historical context and involve rich analysis of, for example, the atmospherics of the Trial itself and the attitudes of German society at the time to the conduct of the Trial. The majority of the essays deal with the contemporary legacies of the Nuremberg Trial and attempt to assess the ongoing relevance of the Judgment itself and of the principles encapsulated in it. Some essays consider the importance of the principle of individual criminal responsibility under international law and argue that the international community has to some extent failed to fulfil the promise of Nuremberg in the decades since the Trial. Other essays focus on contemporary application of aspects of the substantive law of Nuremberg - particularly the international crime of aggression, the law of military occupation and the use of the crime of conspiracy as an alternative basis of criminal responsibility. The collection also includes essays analysing the nature and operation of a number of international criminal tribunals since Nuremberg including the permanent International Criminal Court. The final grouping of essays focus on the impact of the Nuremberg Trial on Australia examining, in particular, Australia's post-World War Two war crimes trials of Japanese defendants, Australia's extensive national case law on Article 1(F) of the Refugee Convention and Australia's national implementing legislation for the Rome Statute.
Civilising Influence Or Institutionalised Vengeance?
Author: David A. Blumenthal,Timothy L. H. McCormack
Publisher: Martinus Nijhoff Publishers
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.
Author: Bronwyn Leebaw
Publisher: Cambridge University Press
Category: Political Science
In recent years the agenda of how to ‘deal with the past’ has become a central dimension of the quality of contemporary democracies. Many years after the process of authoritarian breakdown, consolidated democracies revisit the past either symbolically or to punish the elites associated with the previous authoritarian regimes. New factors, like international environment, conditionality, party cleavages, memory cycles and commemorations or politics of apologies, do sometimes bring the past back into the political arena. This book addresses such themes by dealing with two dimensions of authoritarian legacies in Southern European democracies: repressive institutions and human rights abuses. The thrust of this book is that we should view transitional justice as part of a broader ‘politics of the past’: an ongoing process in which elites and society under democratic rule revise the meaning of the past in terms of what they hope to achieve in the present. This book was published as a special issue of South European Society and Politics.
The “Politics of the Past” in Southern European Democracies
Author: Antonio Costa Pinto,Leonardo Morlino
Category: Political Science
Hagener Studien zur Politischen Kulturgeschichte. Festschrift für Peter Brandt
Author: Werner Daum,Wolfgang Kruse,Arthur Schlegelmilch,Eva Ochs
Category: Constitutional law