Alexandra Barahona de Brito
- 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 ...
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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 political angle, and at the social politics of memory. Efforts to deal with the past and their significance in the overall politics of transition to democracy are shaped by country-specific historical conditions and developments: the nature and legacies of repression and authoritarian rule; and the nature of the transition process and the various political, institutional and legal factors conditioning the post-transitional period, among which are the nature of repression, the presence and strength of a human rights movement, inherited legal or constitutional limitations, relations between political parties and Human Rights Organizations (HROs), the degree of executive or party commitment to policies of truth and justice, the unity of democratic parties, the ability of the military to mobilise against any policies of accountability as well as their relations with the democratic executive, the attitude of the judiciary to past violations, the presence of a strong legislative right, and the degree to which repression penetrated the social fabric. The way in which the first democratically elected authorities deal with the past, together with the relative strength of the human rights movement in the post-transitional period, sets the agenda for the subsequent evolution of the issue; more specifically, the past remains a source of open conflict if there are loopholes in official policies that preclude full closure or amnesty, and if transnational groups or regional and international human rights bodies challenge national policies favouring impunity. The past also remains a source of conflict if there are strong HROs that continue to contest official decisions on how to deal with the past, and have allies in the formal political arena or the courts. Official policies to deal with the past are not of themselves directly relevant to the process of democratisation, and what is more, during the first transitional period, truth and justice policies are unrelated to (or may even place obstacles in the way of) wider institutional reform; the reverse is also true, but whatever the case, the past becomes part of the dynamic of democratic politics. Indeed, although the continued pursuit of truth and justice and its links to wider reforms may be difficult to establish across the board, the politics of memory more widely conceived are important for a process of democratization in all four countries examined here, as it is about how a society interprets and appropriates its past, in an attempt to mould its future, and as such it is an integral part of any political process, including progress towards deeper democracy.Less
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 political angle, and at the social politics of memory. Efforts to deal with the past and their significance in the overall politics of transition to democracy are shaped by country-specific historical conditions and developments: the nature and legacies of repression and authoritarian rule; and the nature of the transition process and the various political, institutional and legal factors conditioning the post-transitional period, among which are the nature of repression, the presence and strength of a human rights movement, inherited legal or constitutional limitations, relations between political parties and Human Rights Organizations (HROs), the degree of executive or party commitment to policies of truth and justice, the unity of democratic parties, the ability of the military to mobilise against any policies of accountability as well as their relations with the democratic executive, the attitude of the judiciary to past violations, the presence of a strong legislative right, and the degree to which repression penetrated the social fabric. The way in which the first democratically elected authorities deal with the past, together with the relative strength of the human rights movement in the post-transitional period, sets the agenda for the subsequent evolution of the issue; more specifically, the past remains a source of open conflict if there are loopholes in official policies that preclude full closure or amnesty, and if transnational groups or regional and international human rights bodies challenge national policies favouring impunity. The past also remains a source of conflict if there are strong HROs that continue to contest official decisions on how to deal with the past, and have allies in the formal political arena or the courts. Official policies to deal with the past are not of themselves directly relevant to the process of democratisation, and what is more, during the first transitional period, truth and justice policies are unrelated to (or may even place obstacles in the way of) wider institutional reform; the reverse is also true, but whatever the case, the past becomes part of the dynamic of democratic politics. Indeed, although the continued pursuit of truth and justice and its links to wider reforms may be difficult to establish across the board, the politics of memory more widely conceived are important for a process of democratization in all four countries examined here, as it is about how a society interprets and appropriates its past, in an attempt to mould its future, and as such it is an integral part of any political process, including progress towards deeper democracy.
Alexandra Barahona de Brito
- 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 ...
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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 rule from 1985 to 1989 in Uruguay. The different sections of the chapter are: Introduction; The Release of Political Prisoners: The Emblem of Democratic Restoration (March 1985); The Long and Winding Road to Amnesty (Jurisdictional Conflict, Government Stalling, and a Joint Opposition Human Rights’ Proposal; Open Confrontation with the Judiciary and the First Colorado Amnesty Project; Explaining the Government’s Attitude: The Voice of the Deliberating Soldier; The Blanco’s Last Stand; The Re-Constitution of the Traditional Bi-Partisan Alliance: The Blanco Impunity Law, November 1986–December 1986; Civil Society Responds: The Nunca Mas Report and the Referendum Campaign); and Conclusions.Less
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 rule from 1985 to 1989 in Uruguay. The different sections of the chapter are: Introduction; The Release of Political Prisoners: The Emblem of Democratic Restoration (March 1985); The Long and Winding Road to Amnesty (Jurisdictional Conflict, Government Stalling, and a Joint Opposition Human Rights’ Proposal; Open Confrontation with the Judiciary and the First Colorado Amnesty Project; Explaining the Government’s Attitude: The Voice of the Deliberating Soldier; The Blanco’s Last Stand; The Re-Constitution of the Traditional Bi-Partisan Alliance: The Blanco Impunity Law, November 1986–December 1986; Civil Society Responds: The Nunca Mas Report and the Referendum Campaign); and Conclusions.
Hyman Gross
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199644711
- eISBN:
- 9780191738944
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199644711.003.0015
- Subject:
- Law, Criminal Law and Criminology, Philosophy of Law
This chapter suggests a radical reorientation in understanding our response to crime. It calls for placing emphasis on the feelings we have in response to crime. Our response to crime must take its ...
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This chapter suggests a radical reorientation in understanding our response to crime. It calls for placing emphasis on the feelings we have in response to crime. Our response to crime must take its full circumstances into consideration and then decide how great a defection from a punitive response is possible without exciting the demons of impunity. Indeed, it is the justification of punitivity in each case, rather than the justification of the institution of punishment, that is the overriding moral challenge, and a challenge to be met not by theorists, but by those who dispose of the lives of others in response to a crime.Less
This chapter suggests a radical reorientation in understanding our response to crime. It calls for placing emphasis on the feelings we have in response to crime. Our response to crime must take its full circumstances into consideration and then decide how great a defection from a punitive response is possible without exciting the demons of impunity. Indeed, it is the justification of punitivity in each case, rather than the justification of the institution of punishment, that is the overriding moral challenge, and a challenge to be met not by theorists, but by those who dispose of the lives of others in response to a crime.
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 ...
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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 crimes should not go unpunished. Though there is a wealth of legal writing on international criminal law, the question why and to what extent criminal prosecution is a necessary means of human rights protection has hardly been addressed comprehensively. This book examines the duty to prosecute serious human rights violations. It does so by exploring the concepts of impunity and amnesties, and by exposing flaws in criminal proceedings. With its survey of the relevant human rights instruments and jurisprudence, the subject of this book is placed at the interface of international criminal law and international human rights. The book analyses the rapidly growing body of human rights case law, dealing with criminalization, prosecution, and punishment of serious human rights violations. It identifies and critically examines the standards for the conduct of criminal proceedings developed by the European and Inter-American Courts of Human Rights and the UN Human Rights Committee. As the analysis reveals shortcomings in the current conceptualization of the prosecution of human rights violations, the book develops a solid theoretical framework for future jurisprudence. By evaluating the relationship between criminal law and the protection of human rights, the book elucidates not only the potential but also the limits of the role human rights law can play in the emerging concept of international criminal justice. The underlying rationale for prosecuting serious human rights violations is also relevant for post-conflict situations, in which it is often argued that criminal punishment threatens peace and reconciliation. The question how to deal with post-conflict justice under international law is a continuing theme throughout the book.Less
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 crimes should not go unpunished. Though there is a wealth of legal writing on international criminal law, the question why and to what extent criminal prosecution is a necessary means of human rights protection has hardly been addressed comprehensively. This book examines the duty to prosecute serious human rights violations. It does so by exploring the concepts of impunity and amnesties, and by exposing flaws in criminal proceedings. With its survey of the relevant human rights instruments and jurisprudence, the subject of this book is placed at the interface of international criminal law and international human rights. The book analyses the rapidly growing body of human rights case law, dealing with criminalization, prosecution, and punishment of serious human rights violations. It identifies and critically examines the standards for the conduct of criminal proceedings developed by the European and Inter-American Courts of Human Rights and the UN Human Rights Committee. As the analysis reveals shortcomings in the current conceptualization of the prosecution of human rights violations, the book develops a solid theoretical framework for future jurisprudence. By evaluating the relationship between criminal law and the protection of human rights, the book elucidates not only the potential but also the limits of the role human rights law can play in the emerging concept of international criminal justice. The underlying rationale for prosecuting serious human rights violations is also relevant for post-conflict situations, in which it is often argued that criminal punishment threatens peace and reconciliation. The question how to deal with post-conflict justice under international law is a continuing theme throughout the book.
Anja Seibert-Fohr
- 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 ...
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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 contemporary international law concerns to which extend criminal prosecution is a necessary element of human rights protection. This issue is of high practical relevance considering the proclamation of amnesties, large scale impunity, and frequent flaws in criminal proceedings worldwide. The chapter looks at these phenomena and specifies the relevant legal issues. It also describes the methodology and course of analysis of the book.Less
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 contemporary international law concerns to which extend criminal prosecution is a necessary element of human rights protection. This issue is of high practical relevance considering the proclamation of amnesties, large scale impunity, and frequent flaws in criminal proceedings worldwide. The chapter looks at these phenomena and specifies the relevant legal issues. It also describes the methodology and course of analysis of the book.
Pablo Piccato
- Published in print:
- 2017
- Published Online:
- January 2018
- ISBN:
- 9780520292611
- eISBN:
- 9780520966079
- Item type:
- book
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520292611.001.0001
- Subject:
- History, Latin American History
This book examines the construction of crime as a central focus of public life in postrevolutionary Mexico. It does so by exploring cases, stories, and characters that attracted Mexican publics ...
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This book examines the construction of crime as a central focus of public life in postrevolutionary Mexico. It does so by exploring cases, stories, and characters that attracted Mexican publics between the 1920s and the 1950s. The problems of learning the truth about criminal events and of adjudicating punishment or forgiveness concerned a broad spectrum of the population. This book looks at narratives, debates, and social practices through which a diversity of actors engaged the state and public opinion around a theme of common interest. Narratives and media about crime and justice that are still in place today developed during the decades of the twentieth century examined in the book: broadly shared ideas about impunity and corruption, extrajudicial punishment and the public meaning of homicide, and the divorce of legal justice and the truth.Less
This book examines the construction of crime as a central focus of public life in postrevolutionary Mexico. It does so by exploring cases, stories, and characters that attracted Mexican publics between the 1920s and the 1950s. The problems of learning the truth about criminal events and of adjudicating punishment or forgiveness concerned a broad spectrum of the population. This book looks at narratives, debates, and social practices through which a diversity of actors engaged the state and public opinion around a theme of common interest. Narratives and media about crime and justice that are still in place today developed during the decades of the twentieth century examined in the book: broadly shared ideas about impunity and corruption, extrajudicial punishment and the public meaning of homicide, and the divorce of legal justice and the truth.
Luc Reydams
- Published in print:
- 2004
- Published Online:
- January 2010
- ISBN:
- 9780199274260
- eISBN:
- 9780191719158
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199274260.001.0001
- Subject:
- Law, Private International Law
After centuries of near dormancy, the concept of ‘universal jurisdiction’ has suddenly become an important legal tool in the international campaign against impunity, most prominently in high-profile ...
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After centuries of near dormancy, the concept of ‘universal jurisdiction’ has suddenly become an important legal tool in the international campaign against impunity, most prominently in high-profile criminal trials. Among the legal questions raised by the exercise of universal jurisdiction, this book considers two. Under what conditions is a country investigating or prosecuting a foreigner for an extraterritorial offence internationally competent? What is the basis in municipal law for the exercise of universal jurisdiction? The book first identifies the international legal issues that arise when a State exercises extraterritorial jurisdiction generally, discerns the different doctrinal concepts of universal jurisdiction, and traces universal jurisdiction in current international texts such as multilateral conventions, resolutions of intergovernmental bodies, and official drafts and studies. The book then brings together, and makes accessible in English, detailed accounts of universal jurisdiction in fourteen countries: Australia, Austria, Belgium, Canada, Denmark, France, Germany, Israel, the Netherlands, Senegal, Spain, Switzerland, the United Kingdom, and the United States. The municipal laws are placed in the larger context of a country’s views on criminal jurisdiction generally and the case discussions pay detailed attention to the factual and legal context of each case. This approach provides the reasons why the individual was brought to justice in a third country.Less
After centuries of near dormancy, the concept of ‘universal jurisdiction’ has suddenly become an important legal tool in the international campaign against impunity, most prominently in high-profile criminal trials. Among the legal questions raised by the exercise of universal jurisdiction, this book considers two. Under what conditions is a country investigating or prosecuting a foreigner for an extraterritorial offence internationally competent? What is the basis in municipal law for the exercise of universal jurisdiction? The book first identifies the international legal issues that arise when a State exercises extraterritorial jurisdiction generally, discerns the different doctrinal concepts of universal jurisdiction, and traces universal jurisdiction in current international texts such as multilateral conventions, resolutions of intergovernmental bodies, and official drafts and studies. The book then brings together, and makes accessible in English, detailed accounts of universal jurisdiction in fourteen countries: Australia, Austria, Belgium, Canada, Denmark, France, Germany, Israel, the Netherlands, Senegal, Spain, Switzerland, the United Kingdom, and the United States. The municipal laws are placed in the larger context of a country’s views on criminal jurisdiction generally and the case discussions pay detailed attention to the factual and legal context of each case. This approach provides the reasons why the individual was brought to justice in a third country.
Pascha Bueno-Hansen
- Published in print:
- 2015
- Published Online:
- April 2017
- ISBN:
- 9780252039423
- eISBN:
- 9780252097539
- Item type:
- book
- Publisher:
- University of Illinois Press
- DOI:
- 10.5406/illinois/9780252039423.001.0001
- Subject:
- Society and Culture, Latin American Studies
This book elucidates the tension between the promise of transitional justice and persistent social inequality and impunity. In 2001, following a generation of internal armed conflict and ...
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This book elucidates the tension between the promise of transitional justice and persistent social inequality and impunity. In 2001, following a generation of internal armed conflict and authoritarian rule, the Peruvian state created a Truth and Reconciliation Committee (TRC). This book places the TRC, feminist and human rights movements, and related non-governmental organizations within an international and historical context to expose the difficulties in addressing gender-based violence. Its innovative theoretical and methodological framework based on decolonial feminism and a critical engagement with intersectionality facilitates an in-depth examination of the Peruvian transitional justice process based on field studies and archival research. The book uncovers the colonial mappings and linear temporality underlying transitional justice efforts and illustrates why transitional justice mechanisms must reckon with the societal roots of atrocities, if they are to result in true and lasting social transformation.Less
This book elucidates the tension between the promise of transitional justice and persistent social inequality and impunity. In 2001, following a generation of internal armed conflict and authoritarian rule, the Peruvian state created a Truth and Reconciliation Committee (TRC). This book places the TRC, feminist and human rights movements, and related non-governmental organizations within an international and historical context to expose the difficulties in addressing gender-based violence. Its innovative theoretical and methodological framework based on decolonial feminism and a critical engagement with intersectionality facilitates an in-depth examination of the Peruvian transitional justice process based on field studies and archival research. The book uncovers the colonial mappings and linear temporality underlying transitional justice efforts and illustrates why transitional justice mechanisms must reckon with the societal roots of atrocities, if they are to result in true and lasting social transformation.
Mark Anstey
- Published in print:
- 2012
- Published Online:
- January 2012
- ISBN:
- 9780199791743
- eISBN:
- 9780199919222
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199791743.003.0017
- Subject:
- Psychology, Social Psychology
This chapter explores dimensions of identity conflicts in Africa and dilemmas of external intervention in such conflicts. Poverty is key to understanding conflict in the region, but in the context of ...
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This chapter explores dimensions of identity conflicts in Africa and dilemmas of external intervention in such conflicts. Poverty is key to understanding conflict in the region, but in the context of weak development class and ethnicity are often conflated, and mobilization around ethnic markers offers the greatest utility in organizing groups to compete for resources. The potential for violence is related to such variables as the degree of heterogeneity in a society; high-frustration/high-threat scenarios; a history of violence in intergroup relations; the evolution of cultures of impunity; and leadership choices in mobilizing societal groups. External parties face dilemmas in the legalities of intervention in intrastate conflicts; in coordinating action among themselves; in achieving legitimacy with those directly and indirectly involved in the conflict; in resourcing or championing various types of intervention; in the timing of interventions; in assisting parties in conflict to design social and political systems to reduce and more effectively manage identity conflicts; and in dealing with those parties that are more interested in perpetuating a conflict than in resolving it. Many African conflicts demand a systemic, developmentally oriented approach with long-term vision and carefully designed systems of justice and reconciliation with grassroots resonance if a sustainable peace is to be achieved and levels of violence reduced.Less
This chapter explores dimensions of identity conflicts in Africa and dilemmas of external intervention in such conflicts. Poverty is key to understanding conflict in the region, but in the context of weak development class and ethnicity are often conflated, and mobilization around ethnic markers offers the greatest utility in organizing groups to compete for resources. The potential for violence is related to such variables as the degree of heterogeneity in a society; high-frustration/high-threat scenarios; a history of violence in intergroup relations; the evolution of cultures of impunity; and leadership choices in mobilizing societal groups. External parties face dilemmas in the legalities of intervention in intrastate conflicts; in coordinating action among themselves; in achieving legitimacy with those directly and indirectly involved in the conflict; in resourcing or championing various types of intervention; in the timing of interventions; in assisting parties in conflict to design social and political systems to reduce and more effectively manage identity conflicts; and in dealing with those parties that are more interested in perpetuating a conflict than in resolving it. Many African conflicts demand a systemic, developmentally oriented approach with long-term vision and carefully designed systems of justice and reconciliation with grassroots resonance if a sustainable peace is to be achieved and levels of violence reduced.
Sarah Deer
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9780816696314
- eISBN:
- 9781452952338
- Item type:
- chapter
- Publisher:
- University of Minnesota Press
- DOI:
- 10.5749/minnesota/9780816696314.003.0003
- Subject:
- Society and Culture, Native American Studies
This chapter briefly reviews the history of Indian law and describes the complicated matrix of criminal jurisdiction in Indian country. From a perspective that privileges tribal sovereignty, it ...
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This chapter briefly reviews the history of Indian law and describes the complicated matrix of criminal jurisdiction in Indian country. From a perspective that privileges tribal sovereignty, it explains how mechanical intrusions into the realm of tribal authority and the resulting jurisdictional complexity has created real, practical gaps in the formal systems of justice, gaps that have allowed perpetrators to assault Native women with impunity. This chapter looks at how jurisdiction over criminal matters in regards to Native American has been switched between the Federal and state level. Neither of which succeeding in protecting Native women against violence.Less
This chapter briefly reviews the history of Indian law and describes the complicated matrix of criminal jurisdiction in Indian country. From a perspective that privileges tribal sovereignty, it explains how mechanical intrusions into the realm of tribal authority and the resulting jurisdictional complexity has created real, practical gaps in the formal systems of justice, gaps that have allowed perpetrators to assault Native women with impunity. This chapter looks at how jurisdiction over criminal matters in regards to Native American has been switched between the Federal and state level. Neither of which succeeding in protecting Native women against violence.
Theodor Meron
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780199608935
- eISBN:
- 9780191729706
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199608935.003.0016
- Subject:
- Law, Human Rights and Immigration, Public International Law
Cooperation is an important aspect of the International Criminal Court's (ICC) task: ‘to put an end to impunity for the perpetrators’ of ‘the most serious crimes of concern to the international ...
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Cooperation is an important aspect of the International Criminal Court's (ICC) task: ‘to put an end to impunity for the perpetrators’ of ‘the most serious crimes of concern to the international community as a whole’. Because these crimes ‘threaten the peace, security and well-being of the world’, the ICC must necessarily have the support and assistance of as many states as possible. One of the ways to achieve the ICC's goal of ending impunity is to obtain greater cooperation from both state parties and non-party states. In the absence of police power, cooperation from states — in executing arrest warrants, in seizing and transferring evidence, and in logistics and the relocation of witnesses — is really the lifeline of international criminal tribunals. This chapter focuses on cooperation by states. It begins discussing what obligations states have to cooperate with the ICC, and then turns briefly to examining how states are living up to that duty in practice.Less
Cooperation is an important aspect of the International Criminal Court's (ICC) task: ‘to put an end to impunity for the perpetrators’ of ‘the most serious crimes of concern to the international community as a whole’. Because these crimes ‘threaten the peace, security and well-being of the world’, the ICC must necessarily have the support and assistance of as many states as possible. One of the ways to achieve the ICC's goal of ending impunity is to obtain greater cooperation from both state parties and non-party states. In the absence of police power, cooperation from states — in executing arrest warrants, in seizing and transferring evidence, and in logistics and the relocation of witnesses — is really the lifeline of international criminal tribunals. This chapter focuses on cooperation by states. It begins discussing what obligations states have to cooperate with the ICC, and then turns briefly to examining how states are living up to that duty in practice.
SAHRDC
A.G Noorani (ed.)
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780198074144
- eISBN:
- 9780199080823
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198074144.001.0001
- Subject:
- Law, Human Rights and Immigration
Civil liberty is a complex issue with unchanging fundamentals. Cases that were decided hundreds of years ago yield principles that are still applicable and relevant today. India used to have a rich ...
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Civil liberty is a complex issue with unchanging fundamentals. Cases that were decided hundreds of years ago yield principles that are still applicable and relevant today. India used to have a rich tradition of civil liberties. Today, there are no national civil liberties organisations in India like Liberty in Britain or the American Civil Liberties Union. India has enacted draconian laws to counter terrorism. Despite the vast scope or misuse of these legislative measures, the judiciary seems to have no intention of striking them down as unconstitutional or introducing sufficient safeguards from a civil rights perspective. This book provides an overview of challenges to civil rights guarantees in India. It examines preventive detention, extra-judicial killings, counter-terrorism and human rights, death penalty, narcoanalysis, undertrials and videoconferencing, acts of bad faith (focusing on anti-conversion laws), impunity, and the Armed Forces (Special Powers) Act.Less
Civil liberty is a complex issue with unchanging fundamentals. Cases that were decided hundreds of years ago yield principles that are still applicable and relevant today. India used to have a rich tradition of civil liberties. Today, there are no national civil liberties organisations in India like Liberty in Britain or the American Civil Liberties Union. India has enacted draconian laws to counter terrorism. Despite the vast scope or misuse of these legislative measures, the judiciary seems to have no intention of striking them down as unconstitutional or introducing sufficient safeguards from a civil rights perspective. This book provides an overview of challenges to civil rights guarantees in India. It examines preventive detention, extra-judicial killings, counter-terrorism and human rights, death penalty, narcoanalysis, undertrials and videoconferencing, acts of bad faith (focusing on anti-conversion laws), impunity, and the Armed Forces (Special Powers) Act.
A.G. Noorani and South Asia Human Rights Documentation Centre
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780198074144
- eISBN:
- 9780199080823
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198074144.003.0008
- Subject:
- Law, Human Rights and Immigration
Although the Indian Constitution protects the rights to life, personal liberty, and freedom from basic human rights violations, widespread impunity exists for police, security, and other government ...
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Although the Indian Constitution protects the rights to life, personal liberty, and freedom from basic human rights violations, widespread impunity exists for police, security, and other government officials who commit such violations. Indeed, impunity is the quintessential civil rights issue facing India today. This chapter explores the problem of official immunity and sovereign immunity in India, the failures of Supreme Court jurisprudence to create an effective remedy in tort or public law adjudication for compensation to victims of constitutional rights violations, and how the current system of impunity not only perpetuates human rights abuses but is also contrary to international human rights standards. It also discusses official immunity and prosecution under Indian law, immunity in the Criminal Procedure Code, and immunity in national security and counter-insurgency as well as counter-terrorism laws.Less
Although the Indian Constitution protects the rights to life, personal liberty, and freedom from basic human rights violations, widespread impunity exists for police, security, and other government officials who commit such violations. Indeed, impunity is the quintessential civil rights issue facing India today. This chapter explores the problem of official immunity and sovereign immunity in India, the failures of Supreme Court jurisprudence to create an effective remedy in tort or public law adjudication for compensation to victims of constitutional rights violations, and how the current system of impunity not only perpetuates human rights abuses but is also contrary to international human rights standards. It also discusses official immunity and prosecution under Indian law, immunity in the Criminal Procedure Code, and immunity in national security and counter-insurgency as well as counter-terrorism laws.
Michael Keating and Matt Waldman (eds)
- Published in print:
- 2019
- Published Online:
- June 2019
- ISBN:
- 9780190947910
- eISBN:
- 9780190055929
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190947910.001.0001
- Subject:
- Political Science, Conflict Politics and Policy
For the last thirty years Somalia has experienced violence and upheaval. Today, the international effort to help Somalis build a federal state and achieve stability is challenged by deep-rooted ...
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For the last thirty years Somalia has experienced violence and upheaval. Today, the international effort to help Somalis build a federal state and achieve stability is challenged by deep-rooted grievances, local conflicts and a powerful insurgency led by Al-Shabaab. This book constitutes a unique compendium of insights into the insurgency and its impact. It explores the legacies of past violence, especially impunity, illegitimacy, and exclusion, and the need for national reconciliation. Drawing on decades of experience and months of field research, the chapters throw light on diverse forms of local conflict, its interrelated causes, and what can be done about it. Original research is shared on the role of women, men, and youth in the conflict, and new insight into Al-Shabaab is presented — particularly the group's multi-dimensional strategy, the motivations of its fighters, their foreign links, and the prospects for engagement. The book illuminates the war in Somalia and sets out what can and should be done to bring it to an end.Less
For the last thirty years Somalia has experienced violence and upheaval. Today, the international effort to help Somalis build a federal state and achieve stability is challenged by deep-rooted grievances, local conflicts and a powerful insurgency led by Al-Shabaab. This book constitutes a unique compendium of insights into the insurgency and its impact. It explores the legacies of past violence, especially impunity, illegitimacy, and exclusion, and the need for national reconciliation. Drawing on decades of experience and months of field research, the chapters throw light on diverse forms of local conflict, its interrelated causes, and what can be done about it. Original research is shared on the role of women, men, and youth in the conflict, and new insight into Al-Shabaab is presented — particularly the group's multi-dimensional strategy, the motivations of its fighters, their foreign links, and the prospects for engagement. The book illuminates the war in Somalia and sets out what can and should be done to bring it to an end.
Lisa Brooten
- Published in print:
- 2016
- Published Online:
- January 2017
- ISBN:
- 9780823271641
- eISBN:
- 9780823271696
- Item type:
- chapter
- Publisher:
- Fordham University Press
- DOI:
- 10.5422/fordham/9780823271641.003.0023
- Subject:
- Information Science, Communications
In Thailand, reformers have faced significant obstacles to reforming the country’s mixed system of government-controlled broadcast media and private print sector; difficulties include the extreme ...
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In Thailand, reformers have faced significant obstacles to reforming the country’s mixed system of government-controlled broadcast media and private print sector; difficulties include the extreme polarization of Thai society since the 2006 coup d’etat, inconsistencies between constitutional provisions and the organic laws intended to operationalize them, and the increasingly problematic use of lèse-majesté provisions to censor political dissent. In Burma/Myanmar, rapid changes have provoked a reshuffling and realignment of the internal and returning elements of the exile media as plans are developing for public, commercial, and community media sectors. In addition to protecting press freedoms, reform efforts include changing the long held culture of secrecy and attitudes toward information, encouraging government officials to provide information and accept critique, and including grassroots perspectives and especially ethnic minority voices in the media. The Philippines, although considered one of the freest media environments in the region, remains one of the most dangerous places in the world to practice journalism; reformers in this context have focused on countering the culture of impunity, especially in the killings of journalists in rural areas of the country, promoting transparenc, and ensuring the proper implementation of existing laws.Less
In Thailand, reformers have faced significant obstacles to reforming the country’s mixed system of government-controlled broadcast media and private print sector; difficulties include the extreme polarization of Thai society since the 2006 coup d’etat, inconsistencies between constitutional provisions and the organic laws intended to operationalize them, and the increasingly problematic use of lèse-majesté provisions to censor political dissent. In Burma/Myanmar, rapid changes have provoked a reshuffling and realignment of the internal and returning elements of the exile media as plans are developing for public, commercial, and community media sectors. In addition to protecting press freedoms, reform efforts include changing the long held culture of secrecy and attitudes toward information, encouraging government officials to provide information and accept critique, and including grassroots perspectives and especially ethnic minority voices in the media. The Philippines, although considered one of the freest media environments in the region, remains one of the most dangerous places in the world to practice journalism; reformers in this context have focused on countering the culture of impunity, especially in the killings of journalists in rural areas of the country, promoting transparenc, and ensuring the proper implementation of existing laws.
Alexander Aviña
- Published in print:
- 2014
- Published Online:
- June 2014
- ISBN:
- 9780199936571
- eISBN:
- 9780199345830
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199936571.003.0009
- Subject:
- History, Latin American History
The epilogue explores the effects and ravages of the “Dirty War” that continue to haunt Guerrero some forty years after soldiers killed Lucio Cabañas. For many in contemporary Guerrero, the episodes ...
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The epilogue explores the effects and ravages of the “Dirty War” that continue to haunt Guerrero some forty years after soldiers killed Lucio Cabañas. For many in contemporary Guerrero, the episodes and events described in this book represent not history but the fears and sadness that contour their everyday lives. The hundreds of guerrerenses that the Mexican military “disappeared” during the 1970s—and the impunity enjoyed by both military and political officials—continue to haunt the state as unredeemed specters that demand justice. This chapter examines how the Dirty War directly affected peasant families and communities in Cold War Guerrero and surveys their efforts to obtain information regarding disappeared loved ones.Less
The epilogue explores the effects and ravages of the “Dirty War” that continue to haunt Guerrero some forty years after soldiers killed Lucio Cabañas. For many in contemporary Guerrero, the episodes and events described in this book represent not history but the fears and sadness that contour their everyday lives. The hundreds of guerrerenses that the Mexican military “disappeared” during the 1970s—and the impunity enjoyed by both military and political officials—continue to haunt the state as unredeemed specters that demand justice. This chapter examines how the Dirty War directly affected peasant families and communities in Cold War Guerrero and surveys their efforts to obtain information regarding disappeared loved ones.
Giuliana Ziccardi Capaldo
- Published in print:
- 2018
- Published Online:
- November 2018
- ISBN:
- 9780190923846
- eISBN:
- 9780190923860
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190923846.003.0001
- Subject:
- Law, Public International Law
The expansion of the global constitutional principle of no-impunity and its application to serious violations of social and economic rights are part of the process of constitutionalization of global ...
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The expansion of the global constitutional principle of no-impunity and its application to serious violations of social and economic rights are part of the process of constitutionalization of global law and its principles through jurisprudential cross-fertilization. The author identifies in the ECJ’s innovative approach to serious tax frauds in the Taricco judgment an opportunity to develop a judicial dialogue between international and national courts aimed at strengthening the paradigm of the no-impunity-imprescriptibility of the new criminal jurisdiction centered on the International Criminal Court (ICC). As announced in the Policy Paper on Case Selection and Prioritisation (PCSP), the ICC will now expand its focus on prosecuting with national governments such serious crimes as “financial crimes”. The ICC is not formally extending its jurisdiction to these cases, but this process has begun—based on the Rome Statute that recognizes that serious international crimes “threaten the peace, security and well-being of the world”.Less
The expansion of the global constitutional principle of no-impunity and its application to serious violations of social and economic rights are part of the process of constitutionalization of global law and its principles through jurisprudential cross-fertilization. The author identifies in the ECJ’s innovative approach to serious tax frauds in the Taricco judgment an opportunity to develop a judicial dialogue between international and national courts aimed at strengthening the paradigm of the no-impunity-imprescriptibility of the new criminal jurisdiction centered on the International Criminal Court (ICC). As announced in the Policy Paper on Case Selection and Prioritisation (PCSP), the ICC will now expand its focus on prosecuting with national governments such serious crimes as “financial crimes”. The ICC is not formally extending its jurisdiction to these cases, but this process has begun—based on the Rome Statute that recognizes that serious international crimes “threaten the peace, security and well-being of the world”.
Kevin E. Davis
- Published in print:
- 2019
- Published Online:
- August 2019
- ISBN:
- 9780190070809
- eISBN:
- 9780190070830
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190070809.003.0010
- Subject:
- Law, Public International Law
The OECD paradigm’s expansive approach to jurisdiction has advantages in terms of effectiveness and legitimacy, but, by inviting multiple enforcement agencies to intervene in individual cases, it ...
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The OECD paradigm’s expansive approach to jurisdiction has advantages in terms of effectiveness and legitimacy, but, by inviting multiple enforcement agencies to intervene in individual cases, it creates space for disagreement, conflict, and redundancy. Previous chapters have shown that reasonable people can disagree about which conduct or actors to target and what sanctions to impose. There also is a risk that collective action problems will compromise effectiveness or efficiency. Some of these dangers can be avoided by assigning enforcement authority to an international organization such as a multilateral development bank, or even a new international anti-corruption agency, but the problems of legitimacy are likely to remain. When hard cases arise, the views of people who will be most greatly affected by the decision, namely, the inhabitants of the country governed by corrupt officials, ought to be given significant weight.Less
The OECD paradigm’s expansive approach to jurisdiction has advantages in terms of effectiveness and legitimacy, but, by inviting multiple enforcement agencies to intervene in individual cases, it creates space for disagreement, conflict, and redundancy. Previous chapters have shown that reasonable people can disagree about which conduct or actors to target and what sanctions to impose. There also is a risk that collective action problems will compromise effectiveness or efficiency. Some of these dangers can be avoided by assigning enforcement authority to an international organization such as a multilateral development bank, or even a new international anti-corruption agency, but the problems of legitimacy are likely to remain. When hard cases arise, the views of people who will be most greatly affected by the decision, namely, the inhabitants of the country governed by corrupt officials, ought to be given significant weight.
Aloysia Brooks
- Published in print:
- 2015
- Published Online:
- January 2018
- ISBN:
- 9780748696161
- eISBN:
- 9781474416177
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748696161.003.0004
- Subject:
- Political Science, Conflict Politics and Policy
This chapter discusses some of the long-standing social and political impacts of the torture of prisoners in Iraq by Coalition forces, and reflects on the consequences of the culture of silence and ...
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This chapter discusses some of the long-standing social and political impacts of the torture of prisoners in Iraq by Coalition forces, and reflects on the consequences of the culture of silence and impunity that has typified torture in the so-called War on Terror. More specifically, it explores the culture of silence and non-disclosure that has led to further human rights abuses globally, including the exportation of torture techniques used at Abu Ghraib prison to different parts of the world, the increased public acceptance of torture in countries such as the United States and Australia, and the marginalisation and vilification of certain groups within the global community. Finally, the chapter explores the importance of acknowledgement, transparency, and accountability in relation to torture and for the broader promotion and protection of human rights, and the achievement of long-standing peace in the region.Less
This chapter discusses some of the long-standing social and political impacts of the torture of prisoners in Iraq by Coalition forces, and reflects on the consequences of the culture of silence and impunity that has typified torture in the so-called War on Terror. More specifically, it explores the culture of silence and non-disclosure that has led to further human rights abuses globally, including the exportation of torture techniques used at Abu Ghraib prison to different parts of the world, the increased public acceptance of torture in countries such as the United States and Australia, and the marginalisation and vilification of certain groups within the global community. Finally, the chapter explores the importance of acknowledgement, transparency, and accountability in relation to torture and for the broader promotion and protection of human rights, and the achievement of long-standing peace in the region.
Lisa Hajjar
- Published in print:
- 2010
- Published Online:
- March 2016
- ISBN:
- 9780814741399
- eISBN:
- 9780814786567
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814741399.003.0004
- Subject:
- Law, Constitutional and Administrative Law
This chapter explores universal jurisdiction (UJ) as an avenue for prosecuting Bush administration officials. It begins with an overview of the nineteenth-century origins of the doctrine of UJ and ...
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This chapter explores universal jurisdiction (UJ) as an avenue for prosecuting Bush administration officials. It begins with an overview of the nineteenth-century origins of the doctrine of UJ and its relationship to emergent norms of universal humanity and humane treatment. It then considers the right not to be tortured and how the practice of torture, a gross crime under international law, is linked to UJ and goes on to discuss the current state of investigations in Europe of alleged U.S. torturers. It also examines the politics of legal accountability, with particular emphasis on the political implications of either prosecuting or not prosecuting the authors of the United States' torture policy at home as well as the international ramifications if there is de facto impunity domestically as a result of no criminal prosecutions. The chapter concludes by stressing the superiority of UJ over either domestic or international jurisdiction as a basis for prosecutions of torture.Less
This chapter explores universal jurisdiction (UJ) as an avenue for prosecuting Bush administration officials. It begins with an overview of the nineteenth-century origins of the doctrine of UJ and its relationship to emergent norms of universal humanity and humane treatment. It then considers the right not to be tortured and how the practice of torture, a gross crime under international law, is linked to UJ and goes on to discuss the current state of investigations in Europe of alleged U.S. torturers. It also examines the politics of legal accountability, with particular emphasis on the political implications of either prosecuting or not prosecuting the authors of the United States' torture policy at home as well as the international ramifications if there is de facto impunity domestically as a result of no criminal prosecutions. The chapter concludes by stressing the superiority of UJ over either domestic or international jurisdiction as a basis for prosecutions of torture.
