Assessing The Long Term Impact Of Truth Commissions

Author: Anita Ferrara
Publisher: Routledge
ISBN: 1317804651
Size: 65.47 MB
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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.

The Un International Criminal Tribunals

Author: Klaus Bachmann
Publisher: Routledge
ISBN: 1317631358
Size: 55.46 MB
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Both the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) are now about to close. Bachmann and Fatic look back at the achievements and shortcomings of both tribunals from an interdisciplinary perspective informed by sociology, political science, history, and philosophy of law and based upon on two key notions: the concepts of legitimacy and efficiency. The first asks to what extent the input (creation) of, the ICTY and the ICTR can be regarded as legitimate in light of the legal and public debate in the early 1990s. The second confronts the output (the procedures and decisions) of the ICTY and the ICTR with the tasks both tribunals were assigned by the UN Security Council, the General Assembly, and by key organs (the president and the chief prosecutors). The authors investigate to what extent the ICTY and the ICTR have delivered the expected results, whether they have been able to contribute to 'the maintenance of peace', 'stabilization' of the conflict regions, or even managed to provide 'reconciliation' to Rwanda. Furthermore, the book is concerned with how many criminals, over whom the ICTY and the ICTR wield jurisdiction, have actually been prosecuted and at what cost. Offering the first balanced and in depth analysis of the International Criminal Tribunals, the volume provides an important insight into what lessons have been learned, and how a deeper understanding of the successes and failures can benefit the international legal community in the future.

The Politics Of Memory In Post Authoritarian Transitions Volume One

Author: Joanna Marszałek-Kawa
Publisher: Cambridge Scholars Publishing
ISBN: 1443870005
Size: 67.96 MB
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History is a powerful tool in the hands of politicians, and can be a destructive weapon since power over the past is the power to decide who is a hero and who is a traitor. Tradition, the memory of ancestors, and the experience of previous generations are the keys that unlock the door to citizens’ minds, and allow certain ideas, visions and political programs to flourish. However, can history be a proper political weapon during democratisation processes when the past is clearly separated from the present? Are the new order and society founded on the basis of some interpretation of the past, or, rather, are they founded only with reference to the imagined future of the nation? This book explores such questions through a detailed description of the use of remembrance policies during political transformations. It discusses how interpretations of the past served the accomplishment of transitional objectives in countries as varied as Chile, Estonia, Georgia, Poland, South Africa and Spain. The book is a unique journey through different parts of the world, different cultures and different political systems, investigating how history was remembered and forgotten by certain democratic leaders. Individual chapters discuss how governments’ remembrance policies were used to create a new citizen, to change a political culture, and to justify the vision of the society promoted by the new elites. They explain why some difficult topics were avoided by politicians, and why sometimes there was no transitional justice or punishment of the leaders of the authoritarian state. The book will be of interest to anyone wishing to explore policies of remembrance, democratisation, and the role of memory in contemporary societies.

Truth Commissions And Transitional Societies

Author: Eric Wiebelhaus-Brahm
Publisher: Routledge
ISBN: 1135189722
Size: 44.13 MB
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This book uses a multi-method approach to examine the impact of truth commissions on subsequent human rights protection and democratic practice and features cross-national case studies on South Africa, El Salvador, Chile and Uganda.

Truth Commissions

Author: Onur Bakiner
Publisher: University of Pennsylvania Press
ISBN: 0812247620
Size: 21.11 MB
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Since the 1980s a number of countries have established truth commissions to come to terms with the legacy of past human rights violations, yet little is known about the achievements and shortcomings of this popular transitional justice tool. Drawing on research on Chile's National Truth and Reconciliation Commission and Peru's Truth and Reconciliation Commission, and exploring the scholarship on thirteen other transitional contexts, Onur Bakiner evaluates the success of truth commissions in promoting policy reform, human rights accountability, and the public recognition of human rights violations. He argues that although political elites often see a truth commission as a convenient way to address past atrocities, the findings, historical narratives, and recommendations of such commissions often surprise, upset, and discredit influential political actors. Even when commissions produce only modest change as a result of political constraints, Bakiner contends, they open up new avenues for human rights activism by triggering the creation of new victims' organizations, facilitating public debates over social memory, and inducing civil society actors to monitor the country's human rights policy. Bakiner demonstrates how truth commissions have recovered basic facts about human rights violations, forced societies to rethink the violence and exclusion of nation building, and produced a new dynamic whereby the state seeks to legitimize its central position between history and politics by accepting a high degree of societal penetration into the production and diffusion of official national history. By doing so, truth commissions have challenged and transformed public discourses on memory, truth, justice, reconciliation, recognition, nationalism, and political legitimacy in the contemporary world.

Historikerkommissionen Und Historische Konfliktbewaltigung

Author: Christoph Cornelißen
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110541149
Size: 67.66 MB
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Die zuletzt stark gestiegene Zahl von Historikerkommissionen auf nationaler, regionaler und lokaler wie auch auf bilateraler Ebene (Deutschland-Polen, Deutschland-Frankreich, Deutschland-Tschechien, Deutschland-Italien u.a.) zur Aufarbeitung der verbrecherischen Aspekte des "Dritten Reiches" und des Zweiten Weltkriegs konnen insgesamt als Teil einer neuen Geschichtspolitik sowie einer Erinnerungslandschaft begriffen werden, die die politische Kultur in Deutschland, aber auch in vielen anderen Landern mit gepragt haben. Die Berichte der Kommissionen und ihrer Forschungsergebnisse werden regelmaig der Offentlichkeit zuganglich gemacht; zuweilen bildeten sie sogar - so im Fall der Veroffentlichung uber "Das Amt" - den Anlass fur langwierige offentliche Kontroversen. Angesichts dieser Konstellationen waren eine systematische Bestandsaufnahme der jungsten Entwicklungen sowie eine kritische Debatte der Tatigkeit der neu eingerichteten Historikerkommissionen uberfallig. Die Einzelbeitrage des Tagungsbandes folgen einer gleichformigen Struktur: Erstens geben sie Auskunft uber den Modus der Beauftragung, die Form der Mitgliedschaft und generelle Arbeitsweisen. Zweitens geht es darum, die weiteren historischen Entstehungsbedingungen sowie die Arbeitsauftrage ausgewahlter Kommissionen zu beleuchten. Drittens werden die hierbei aufgetretenen Probleme und auch die Grenzen ihrer Tatigkeit kritisch reflektiert. Daruber hinaus unterstreicht der Tagungsband die Notwendigkeit, Historikerkommissionen breite Handlungsspielraume zu gewahren, denn nur sie vermogen zur Uberwindung nationaler und ideologischer Grenzen historischer Erkenntnisbildung einen substanziellen Beitrag zu leisten.

Unspeakable Truths

Author: Priscilla B. Hayner
Publisher: Routledge
ISBN: 1135245576
Size: 77.65 MB
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In a sweeping review of forty truth commissions, Priscilla Hayner delivers a definitive exploration of the global experience in official truth-seeking after widespread atrocities. When Unspeakable Truths was first published in 2001, it quickly became a classic, helping to define the field of truth commissions and the broader arena of transitional justice. This second edition is fully updated and expanded, covering twenty new commissions formed in the last ten years, analyzing new trends, and offering detailed charts that assess the impact of truth commissions and provide comparative information not previously available. Placing the increasing number of truth commissions within the broader expansion in transitional justice, Unspeakable Truths surveys key developments and new thinking in reparations, international justice, healing from trauma, and other areas. The book challenges many widely-held assumptions, based on hundreds of interviews and a sweeping review of the literature. This book will help to define how these issues are addressed in the future.

Final Acts

Author: Trudy Huskamp Peterson
Publisher: Johns Hopkins University Press
ISBN: 9780801881725
Size: 63.56 MB
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Twenty truth commissions have completed their work of examining and reporting on the abuses of deposed regimes, leaving behind a wide variety of records: transcripts, video and audio recordings, e-mail and computer files, and artifacts. Why save such evidence? According to Trudy H. Peterson, preservation "completes the commission's work. Oppressive regimes try to impose a selective amnesia on society... Saving the records makes sure that amnesia does not prevail." Final Acts is a guide to questions of law, politics, physical preservation, and access regarding materials generated by truth commissions. For example, how do the records relate to the law that created the commission? Who owns the evidence? Are there political constraints on the preservation of, or access to, some records? Does the country have an institution professionally capable of maintaining the records? Final Acts also describes the truth commissions that have completed their work so far and the disposition, or in some cases the loss, of their records.

Unsettling The Settler Within

Author: Paulette Regan
Publisher: UBC Press
ISBN: 0774859644
Size: 67.28 MB
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In 2008, Canada established a Truth and Reconciliation Commission to mend the deep rifts between Aboriginal peoples and the settler society that created Canada's notorious residential school system. Unsettling the Settler Within argues that non-Aboriginal Canadians must undergo their own process of decolonization in order to truly participate in the transformative possibilities of reconciliation. Settlers must relinquish the persistent myth of themselves as peacemakers and acknowledge the destructive legacy of a society that has stubbornly ignored and devalued Indigenous experience. A compassionate call to action, this powerful book offers a new and hopeful path toward healing the wounds of the past.

Unspeakable Truths

Author: Priscilla B. Hayner
Publisher: Psychology Press
ISBN: 9780415924788
Size: 33.91 MB
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This book is a profound exploration of truth commissions around the world, and the anguish, injustice, and the legacy of hate they are meant to absolve. Hayner examines twenty major truth commissions established around the world paying special attention to South Africa, El Salvador, Argentina, Chile, and Guatemala.