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Justice, Politics, and Memory in the Spanish Transition

Paloma Aguilar

in The Politics of Memory and Democratization

Published in print:
2001
Published Online:
November 2003
ISBN:
9780199240906
eISBN:
9780191598869
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199240906.003.0004
Subject:
Political Science, Democratization

In all processes of political change the emerging regime must face the difficult task of deciding what to do with the legacies of the former dictatorship, which people were working for the previous ... More


Justice and Reconciliation: The Rule of Law in Post-Conflict Territories

Simon Chesterman

in You, The People: The United Nations, Transitional Administration, and State-Building

Published in print:
2004
Published Online:
April 2004
ISBN:
9780199263486
eISBN:
9780191600999
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199263485.003.0006
Subject:
Political Science, International Relations and Politics

How can faith in local institutions — most importantly the rule of law — be supported? In many situations, the very laws to be enforced will themselves be controversial, as Serb laws were in ... More


South Africa: In the Wake of Remembered Evil

Donald W. Shriver, Jr.

in Honest Patriots: Loving a Country Enough to Remember Its Misdeeds

Published in print:
2005
Published Online:
September 2006
ISBN:
9780195151534
eISBN:
9780199785056
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195151534.003.0003
Subject:
Religion, Religion and Society

South Africa is credited with having achieved one of the great historical non-violent transitions from oppression to democracy. In the 10 years after 1994, its citizens and government have enacted ... More


Introduction

Alexandra Barahona de Brito, Carmen González‐Enríquez, and Paloma Aguilar

in The Politics of Memory and Democratization

Published in print:
2001
Published Online:
November 2003
ISBN:
9780199240906
eISBN:
9780191598869
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199240906.003.0001
Subject:
Political Science, Democratization

The general aim of this book is to shed light on how countries deal with legacies of repression during a transition from authoritarian or totalitarian rule to democratic rule. Two broad kinds of ... More


Truth, Justice, Memory, and Democratization in the Southern Cone

Alexandra Barahona de Brito

in The Politics of Memory and Democratization

Published in print:
2001
Published Online:
November 2003
ISBN:
9780199240906
eISBN:
9780191598869
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199240906.003.0005
Subject:
Political Science, Democratization

This chapter examines how Argentina, Brazil, Uruguay and Chile fared with truth and justice policies after the transition from authoritarian rule, looking at the issue from an institutional and ... More


War, Peace, and Memory Politics in Central America *

Rachel Sieder

in The Politics of Memory and Democratization

Published in print:
2001
Published Online:
November 2003
ISBN:
9780199240906
eISBN:
9780191598869
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199240906.003.0006
Subject:
Political Science, Democratization

This chapter considers the role of ‘memory politics’ – understood as the combination of official and unofficial attempts to deal with the legacy of past violations – in the struggle for ... More


Justice and Legitimacy in the South African Transition

Richard A. Wilson

in The Politics of Memory and Democratization

Published in print:
2001
Published Online:
November 2003
ISBN:
9780199240906
eISBN:
9780191598869
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199240906.003.0007
Subject:
Political Science, Democratization

An examination is made of various aspects of justice and legitimacy in the transition from authoritarianism to democracy in South Africa. The major part of the chapter discusses the Truth and ... More


The Long and Tortuous Path to Military Amnesty and the Referendum in Uruguay, 1985–1989

Alexandra Barahona de Brito

in Human Rights and Democratization in Latin America: Uruguay and Chile

Published in print:
1997
Published Online:
November 2003
ISBN:
9780198280385
eISBN:
9780191598852
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198280386.003.0006
Subject:
Political Science, Democratization

In this first chapter of Part III of the book (Truth and Justice under Successor Democratic Regimes), an examination is made of how the issues of truth and justice were dealt with under democratic ... More


Religious Actors and Transitional Justice

Leslie Vinjamuri and Aaron P. Boesenecker

in Religious Pluralism, Globalization, and World Politics

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195323405
eISBN:
9780199869237
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195323405.003.0007
Subject:
Religion, Sikhism

Truth commissions, war crime trials, lustration, and amnesty are all strategies that states have pursued following regime transitions and civil wars. Religious communities, local, national, and ... More


Rights on the Other Side of the Cold War Divide

Aryeh Neier

in The International Human Rights Movement: A History

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691135151
eISBN:
9781400841875
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691135151.003.0007
Subject:
Sociology, Migration Studies (including Refugee Studies)

This chapter illustrates that many Americans took part in struggles for rights during the period from the mid-1950s to the mid-1970s. Though it was a fertile period for those promoting rights within ... More


Amnesty International

Aryeh Neier

in The International Human Rights Movement: A History

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691135151
eISBN:
9781400841875
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691135151.003.0008
Subject:
Sociology, Migration Studies (including Refugee Studies)

This chapter analyzes Amnesty International, the best known and by far the largest human rights organization in the world, which was established in London in 1961. Its creation was a major milestone ... More


Existing Protections for Participants in Non-International Armed Conflict

Emily Crawford

in The Treatment of Combatants and Insurgents under the Law of Armed Conflict

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199578962
eISBN:
9780191722608
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199578962.003.0003
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter compares the scope and interpretation of the provisions of Geneva Convention III relating to prisoners of war, and sees whether the law of non-international armed conflicts includes ... More


Epilogue: The South African Experience

Solomon Schimmel

in Wounds Not Healed By Time: The Power of Repentance and Forgiveness

Published in print:
2002
Published Online:
November 2003
ISBN:
9780195128413
eISBN:
9780199834648
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195128419.003.0009
Subject:
Religion, Religion and Society

The epilogue discusses the experience of South Africa and its Truth and Reconciliation Commission (T.R.C.) in attempting to avoid revenge and violence in the transition from white minority to black ... More


Administration of German Criminal Justice Under Military Government: (July 29,1944)

Otto Kircheimer

in Secret Reports on Nazi Germany: The Frankfurt School Contribution to the War Effort

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691134130
eISBN:
9781400846467
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691134130.003.0021
Subject:
History, Military History

This chapter discusses the administration of criminal justice in Germany under military government. The report claims that German criminal law conflicts in many respects not only with the theories ... More


Prosecuting Serious Human Rights Violations

Anja Seibert-Fohr

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199569328
eISBN:
9780191721502
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199569328.001.0001
Subject:
Law, Human Rights and Immigration, Criminal Law and Criminology

Criminal punishment is increasingly regarded as a necessary element of human rights protection. There is a growing conviction at the international level that those responsible for the most serious ... More


Introduction

Anja Seibert-Fohr

in Prosecuting Serious Human Rights Violations

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199569328
eISBN:
9780191721502
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199569328.003.0001
Subject:
Law, Human Rights and Immigration, Criminal Law and Criminology

This chapter considers the growing relevance of prosecution in international law and outlines this historical development. With the increased emphasis on criminal matters, a critical question of ... More


Prosecution under the International Covenant on Civil and Political Rights

Anja Seibert-Fohr

in Prosecuting Serious Human Rights Violations

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199569328
eISBN:
9780191721502
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199569328.003.0002
Subject:
Law, Human Rights and Immigration, Criminal Law and Criminology

This chapter elaborates on the role prosecution plays for the protection of human rights under the International Covenant on Civil and Political Rights. It analyses the standards of this universal ... More


Prosecution under the American Convention on Human Rights

Anja Seibert-Fohr

in Prosecuting Serious Human Rights Violations

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199569328
eISBN:
9780191721502
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199569328.003.0003
Subject:
Law, Human Rights and Immigration, Criminal Law and Criminology

The Inter-American Court of Human Rights and the Inter-American Commission on Human Rights have been at the forefront of the fight against impunity for years. This chapter analyses the role of ... More


Conceptualizing the Duty to Prosecute under Human Rights Treaties

Anja Seibert-Fohr

in Prosecuting Serious Human Rights Violations

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199569328
eISBN:
9780191721502
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199569328.003.0006
Subject:
Law, Human Rights and Immigration, Criminal Law and Criminology

Since the growing emphasis on the proper administration of justice inevitably leads to a supervisory role of international courts in the analysis of domestic criminal law and procedure, there is a ... More


Prosecution of Human Rights Violations under Customary International Law

Anja Seibert-Fohr

in Prosecuting Serious Human Rights Violations

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199569328
eISBN:
9780191721502
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199569328.003.0007
Subject:
Law, Human Rights and Immigration, Criminal Law and Criminology

While the previous part of the book considers treaty law this chapter turns to the question of whether customary international law provides for a duty to prosecute serious human rights violations. It ... More


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