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Transitional Justice. How Emerging Democracies Reckon with Former Regimes:

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... Mediante la flexibilización de la aplicación ortodoxa y ordinaria del derecho, se abre camino hacia la justicia histórica. La búsqueda de la verdad sobre el pasado es crucial para la justicia transicional (Kritz, 1995, citado por Teitel, 2000. Esto es esencial tanto para garantizar uno de los derechos fundamental de las víctimas, que es el enfoque central del proceso de justicia transicional con el actor armado ilegal más influyente en la historia contemporánea de Colombia, como lo fueron la Fuerzar Armadas Revolucionarias de Colombia (Farc-Ep). ...
... Se compone de múltiples estrategias y mecanismos (Teitel, 2000). Sin embargo, existe consenso en que el Estado está obligado a compensar a sus víctimas, independientemente del Gobierno en que ocurrió la violencia sistemática (Kritz, 1995). La reparación integral debe reparar todo el daño sin sobrepasar la correspondencia directa (Sentencia C-197/93, 1993). ...
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This article arises as a product of updating and deepening the teaching activity in the area of Public International Law. The main objective is to describe the legal-political regulation for armed actors, legal and illegal, in the Colombian and demarcated territory in the context relative to the year 2021. The methodology obeys a descriptive investigation that is supported by the collection of information from secondary sources through the technique of webmining or electronic mining, using qualitative research techniques, framed in the scope of the Final Peace Agreement between the Farc-Ep and the Colombian State. It explores the areas of military privileges, amnesties for crimes considered political, and the transits of ordinary justice in exceptional frameworks of political conjunctures for the achievement of peace-building scenarios. The main results are classified in the regulation for legal and illegal armed actors and as a main conclusion, the difficulties of the imperative application of contemporary international regulations are put forward, given the custom acquired by international society within the classic scenario of international relations.
... According to Teitel the academic field of transitional justice emerged during the late 1980s, which was explicitly related to a seismic shift in international politics during this period. Specifically, the breakdown of the Soviet Union, and capitalist (west) versus communist (east) proxy wars, posed important questions for the succeeding regimes -Latin America, Eastern Europe, Central Africa (Kritz 1995;Teitel 2003, 71). In particular, how would those new to power bring about accountability and foster peace and democracy in the countries where the proxy east versus west wars had occurred (Teitel 2003)? ...
... This shift to include aspirations for healing an entire society, through 'rule-of-law values', was the inclusion of diverse post-conflict processes, which had 'previously been treated as largely external to the transitional justice project' (Teitel 2014, 55). In short, the end of the Cold War, and collapse of the Soviet Empire, presented new questions for the transitional justice project (Kritz 1995;Teitel 2003). In particular, how could transitional justice mechanisms achieve justice and peace-reconciliation, whilst still upholding the rule-of-law? ...
... 51-54. 11 Kritz, N., 1995 ili ustavnu demokratiju, ili ako postoji odlučna veza sa normativnim ciljem promovisanja demokratije. Tranzicijska pravda, prema tome, predstavlja prelaz iz jednog oblika političke vlasti u drugi; to su demokratske tranzicije. ...
... 18 Piccone smatra da samo uspostavljanje demokratije ima tendenciju da uspostavi balans između odgovora na nasilna nasljeđa vlada iz prošlosti, te integracije žrtava i počinitelja u postkonfliktno društvo. 19 Mark Freeman dodaje da se mogućnosti za dostizanje pravde znatno uvećavaju samo onda kada su mir i demokratija prisutni, a suprotno takve mogućnosti se reduciraju. 20 Pablo de Greiff zaključuje da je tranzicijska pravda kompletan i koherentan sistem u kojem različiti ishodi, kao što su priznanje, povjerenje, pomirenje i demokratija, te načini njihove realizacije, mogu postojati u harmoniji i međusobno se podržavati. ...
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There is no universal definition of transitional justice. Differences among scholars and practitioners in defining transitional justice can be divided to explanations of transitions from: dictatorship to democracy, and/or war to peace, and/or structural violence and inequality to equal and non-violent social structures. These differences are part of dissimilar understandings of the genesis and development of transitional justice. Aim of this paper is to describe the emergence and development of transitional justice, as concept, scientific discipline and praxis. The paper argues that transitional justice as a concept originated in the 1980s, after which it was gradually established as an independent scientific discipline, while its practical purpose was achieved only after the Second World War; although the embryos of transitional justice could be traced much earlier.
... The way to deal with the past in the world has depended on the nature of the change from one political system to another. In this context, one can distinguish three basic forms of change from one system to another: overthrow, reform, and compromise (Kritz 1995). The Albanian process of transition, which was characterized by the unequal balance of power, can be classified as belonging to the category of 'overthrow'. ...
... The literature identifies a series of options for managing the changeover to democracy (Werle and Vormbaum 2018;Wüstenberg 2009;Kritz 1995) underlined in Table 15.1. These options are universally recognized and so provide a systematic framework for transitional justice and within which the points of departure in the Albanian case can be examined. ...
Chapter
During 1983–2009, Sri Lanka lived a bloody civil war that left more than 100,000 casualties. Far from being peaceful, the long-awaited post-war phase has witnessed several periodic episodes of violence between some of the different ethnoreligious groups in the island. This chapter analyses the comments made on YouTube videos on the attacks on Sri Lankan Muslims in Ampara and Kandy’s districts in 2018. Applying the Discourse-Historical approach as the main theoretical framework and, precisely the argumentation strategy of topoi (Wodak, The Politics of Fear: What Right-Wing Populist Discourses Mean. London: Sage, 2015), I explore how linguistic structures of online extreme speech embody and shape stereotypes of the targeted Muslim minority, hinder the process of reconciliation and contribute to deepening the ethnic and religious division in the country.
... Commissions are bodies established to investigate and report on human rights abuses over a certain period in a particular country or in relation to a particular conflict (Kritz 1995 cited in Wachira, Kamungi and Sillah 2014, 3). ...
... It turns out that very little is discussed about the consequences of these normative incorporation in conjunctures of political transitions from dictatorial regimes to democracies. The most common approaches, especially in Latin America, are linked to more general debates about transitional justice (Teitel, 2003;O'donnel & Schmitter, 2010;Kritz, 1997;De Greiff, 2006;Abrão & Torelly, 2011). In general, it is ignored the fact that the way in which judicial branches decide to deal with the norms prior to the arrival of a new Constitution is, above all, a political issue (Varela & Stratustegui, 1979: p. 72). ...
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The redemocratization of Latin American countries in the 1980’s and 1990’s was often accompanied by the promulgation of new constitutional texts, a fact that poses the risk of conflict with the legislation produced during the authoritarian periods. Not all countries in the region, however, face the issue of the permanence of authoritarian legality from the adoption of a new constitutional paradigm. Chile, in which the political transition did not lead to a rupture of the constitutional order, the confrontation of the theme of the validity of authoritarian norms did not have room before the restrictions of access to constitutional jurisdiction: only from the constitutional reforms of 2005 the Chilean Constitutional Court was raised to protagonist of the confrontation of this authoritarian legacy. The way in which the Court has faced the issue of the validity of such legislation is the main object of research, by investigating the legal solutions found to resolve the controversies regarding such rules, the indication 1) of the understanding of the role of the judges of the Constitutional Court in contributing to the overcoming of the prevailing normative production standards so far, as well as 2) of their willingness to manage the constitutional text with a view to consolidating the formal democracy regime established. This reflection involves an analysis of the decisions taken by the Court regarding the reception of standards and their institutional design forged in the political transition process. The hypothesis proposed was that, as occurred in post-war transitions with some Courts of European countries, the way in which the reception theory of such norms applies is connected with transitional experiences in terms of continuity or not of the authoritarian legacy. The results indicate that the application of the Reception Theory in Chile presents an outstanding result of that of the North countries.
... Jens David Ohlin, for instance, raised the vexata quaestio of 'how to develop a sophisticated doctrine that navigates between the collective nature of international criminality and the individualised determinations of criminal law' (Ohlin, 2011). Many political and social scientists have joined calls for postconflict, transitional/restorative justice which, more often than not, is hampered by lack of accountability and redress for very heinous crimes (Heberer & Matthäus, 2008;Kritz, 1995;Newman, 2019). ...
Article
Mass atrocity crimes constitute a grave affront to international peace and security as well as to human rights. Due to their deep reach in society, they also constitute a very major social predicament. It is undignifying to allow perpetrators of these crimes to be left un-investigated or unpunished. This paper considers how behind the scenes high-ranking military and political indirect perpetrators of mass atrocity crimes should be adjudged guilty of collective criminal responsibility. One mode of collective criminal responsibility – Joint Criminal Enterprise (JCE) – is hereby analysed. Considering the International Criminal Court’s praxis in rejecting certain approaches to JCE, we propose two amendments to the ICC’s Rome Statute, namely: incorporating JCE into Article 25(3)(a) to include acts through another person via JCE, and adding provisions to define elements of Article 25A to guide the Court’s interpretation. This will enable the ICC to apply JCE like the international ad hoc tribunals have done in the past, in the process enhancing the capacity to hold masterminds accountable and buttressing the causes of restorative and social justice in societies grappling with the effects of mass atrocities.
... This mid-late twentieth century clutch of historical events and political conditions-democratizations in Latin America, the demise of communism, South Africa's transition from apartheid-has become canonical to transitional justice history (see for example Bass 2002;Kritz 1995;Teitel 2001Teitel , 2003 and has become associated with "transitional justice proper." Yet the late Cold War-which, arguably, was the key historical period that gave way to the transitional justice industry insofar as it was largely instrumental to political transitions across the Americas, Eastern Europe, and South Africa-has received little detailed scrutiny in the eld beyond its placement as a general reference point in transitional justice history. ...
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This handbook is currently in development, with individual articles publishing online in advance of print publication. At this time, we cannot add information about unpublished articles in this handbook, however the table of contents will continue to grow as additional articles pass through the review process and are added to the site. Please note that the online publication date for this handbook is the date that the first article in the title was published online. For more information, please read the site FAQs.
... Esto es apenas normal, dado que se trata de un campo relativamente joven, en desarrollo constante y que trata con situaciones urgentes que exigen respuestas rápidas. Sin embargo, más de dos décadas después de la publicación del primer estudio a profundidad sobre esfuerzos institucionales para lidiar con injusticias del pasado (Kritz, 1995), la literatura académica ya empieza a ofrecer un acumulado de lecciones cruciales que permiten ir más allá de suposiciones y especulaciones sobre la relación entre la paz y la justicia. Esta producción está compuesta por estudios desde distintas perspectivas disciplinarias y metodológicas, desde esfuerzos por identificar tendencias y formular generalizaciones por medio de métodos cuantitativos o análisis comparativos, hasta descripciones más detalladas en contextos particulares con enfoques etnográficos e interpretativos. ...
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¿CUÁNTO HEMOS AVANZADO los colombianos hacia la reconciliación desde el acuerdo que puso fin al conflicto armado entre el Estado y las FARC? ¿Qué podemos hacer para avanzar hacia una convivencia pacífica basada en la inclusión social, el reconocimiento de las diferencias y la consolidación de las instituciones? Reconci­liación. Experiencias en Colombia y el mundo aborda estas preguntas y busca en­tender otros contextos de transición de la guerra a la paz. Además, aporta diversas miradas desde la realidad colombiana y analiza los datos del Barómetro de la Recon­ciliación de USAID y ACDI/VOCA para comprender el papel de las mujeres en el pos­conflicto, la relación entre justicia y paz y los nexos entre reconciliación y confianza.
... Those arguing in favor of a reconciliation logic suggest that TJ policies advance processes of reconciliation and can help create a durable peace. Accounts along these lines proffer varying mechanisms behind this link, suggesting that policies can be therapeutic for victims and societies, put the past behind, and form a collective history allowing societies to bridge past divides (Kritz 1995;Minow 1998;Scharf 1997;Kiss 2000;Akhavan 1998;Long & Brecke 2003.) Others suggest that transitional justice policies serve to "close the book" on a traumatic past, breaking a damaging cycle of revenge and forming the basis of a shared history (Hayner 2001;Biggar 2003). ...
Chapter
This handbook is currently in development, with individual articles publishing online in advance of print publication. At this time, we cannot add information about unpublished articles in this handbook, however the table of contents will continue to grow as additional articles pass through the review process and are added to the site. Please note that the online publication date for this handbook is the date that the first article in the title was published online. For more information, please read the site FAQs.
... El término justicia transicional aparece en la academia en 1995 con la publicación del primero de los tres volúmenes del libro Transitional Justice: How Emerging Democracies Reckon with Former Regimes, donde Kritz (1995) reúne las experiencias de justicia transicional de los años anteriores. Este trabajo se centra en cómo superar la violencia de los regímenes autoritarios a través de la justicia transicional y en cómo consolidar la democracia en períodos de inestabilidad producto de esta violencia 9 . ...
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A partir de la segunda mitad del siglo XX la justicia transicional se estableció como la vía privilegiada por medio de la cual las sociedades con un pasado violento transitan hacía la paz y la democracia. La idea central de este artículo es que, en este contexto, la justicia transicional surge como un componente y, a la vez, una herramienta del proyecto de paz liberal, que busca que estas sociedades –concebidas en algunos casos como estados fallidos o democracias en crisis– se integren a un proyecto político y económico de orden global, como lo es la expansión de la democracia liberal y del capitalismo, aceptando sus valores e integrándose a su sistema comercial. Además, afirma que el desarrollo de la justicia transicional en Colombia es producto de un proceso de inserción del país a las lógicas políticas y económicas de este sistema. El trabajo retoma la intención de la perspectiva genealógica, porque se propone cuestionar el carácter neutral y avalorativo que se le atribuye a la justicia transicional, la metodología empleada fue la investigación documental.
... One of the anomalies in the study of transitional justice is the wide variation within the genus of cases that are considered. The archetypal case is a country transitioning from authoritarianism and to democracy (Arthur 2009;De Brito 1997;De Greiff 2020:251;Iverson 2013;Kritz 1995). Over the years, the genus has expanded to include countries emerging from civil war (Olsen, Payne & Reiter 2010a). ...
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It is poignant to note that after the official South African Truth and Reconciliation hearings discontinued there has not been adequate progress made in terms of racial and ethnic reconciliation in South Africa. Therefore, the chapter aims to address the issue with a focus on the contribution that Steve Biko made from his perspectives on a Black Consciousness ideology and how it can be used to address the matter. The chapter commences with stating the problem of racial and ethnic reconciliation in South Africa, that is still a challenge, and has often been observed in media spats between coloured and African blacks. The chapter uses this ethnic and racial tension as a case study to explore how the work of Biko can complement the discontinued work of the South African TRC’s process in ensuring racial and ethnic reconciliation. The objective is to show that Biko’s black consciousness, can also serve as a ‘Christian’ response to the still racial and ethnic fragmented society
... The intellectual energy around the sub-discipline gathered pace following the overthrowing of military dictatorships in South and Latin America and the subsequent push for democratisation led by the United States in the mid to late 1980's. During a period of increased global uncertainty following the end of the Cold War, Western superpowers (led by the United States) sharpened their focus on those societies who had broken free from the shackles of autocracy and subsequently embraced, or 'transitioned towards' more 'liberal' (read acceptable) Western democratic norms (Kritz, 1995;Teitel, 2003). In the 1990's scholarly interest around TJ was energised by the ground-breaking work of the SATC which had sought to deal with South Africa's troubled past by engaging in a painful, and very public process of truth recovery pertaining to the horrors of crimes committed during the apartheid regime (a process not without its critics, as noted in the previous chapter). ...
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This book considers the growing interest in transitional justice practices that take place against the backdrop of ongoing settler-colonialism in Palestine. By critiquing the role of common top-down and bottom-up interventions, namely truth recovery and international criminal justice, the book argues that transitional justice acts as an extension of a deeply flawed peacebuilding process that has been so destructive in Palestine and has a deflating effect when it comes to advancing calls for meaningful decolonisation. A ‘radicalisation’ of transitional justice that takes place in settler-colonial contexts, one that prioritises conversations around meaningful decolonisation, is therefore required. The book will appeal to those with an interest in peacebuilding, conflict transformation and transitional justice.
... The attempt to find a more complete truth, including the efforts of historians to search for the fate of the victims, met with major obstacles, mainly due to the fact that many of the important documents that proved the truth were either deliberately destroyed or placed in closed private archives, making them inaccessible. However, a catalyst for this new political stance was the action of the Spanish non-governmental organization 'Association for the Restoration of Historical Memory' (ARMH) (Kritz, 1995). ...
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The main aim of this study is to highlight the decisive role that the management of history and memory, as well as forgetting, can play in the creation of a nation-state's national identity. From the time the nation-state emerged, the importance and definition of memory has been of utmost importance since it determined the very existence of the nation-state. In this study, the case of Spain is analyzed since it is a typical example of a country that based its existence as a unitary state on the development of a historiography that took the past of the entire Iberian Peninsula as a unified one. After presenting and analyzing the process of the creation of the Spanish collective identity from the 19th century, which was absolutely decisive for the creation of the Spanish national identity, the analysis continues in the more recent period. The way in which the Spanish regime managed historical memory is analyzed according to the objectives it pursued in each period of time, both after the victory of Franco and the implementation of his repressive regime, and after the end of the dictatorship and the advent of democracy in the country. It shows the different phases that Spanish society itself went through in difficult times, and how, through various sociopolitical upheavals, it managed to function smoothly in a climate of harmony, peace and democracy. Through this study, it also attempts to highlight the role of the historian, various other actors and ultimately the citizens of a nation state themselves in the formation of national identity. Furthermore, the aim of this study is to highlight Spain's attempt to balance between multiple and competing memories. Of particular interest is the fact that despite the organized effort made in Spain to silence the past, in recent years there has been an ongoing effort to recognize human rights violations and crimes committed during the Franco dictatorship. However, action to revive historical memory in Spain, despite coming from civil society, remains politically controversial. In this context, an analysis is presented on the management of memory and history in the case of Spain from the time of its emergence as a nation-state to the present day.
... The Salvadoran government exhibited little interest in punishing human rights violators or in pursuing judicial reforms that might alter the balance of power in the country. Thus an accounting of the human rights violations of the 1980s was left to the Truth Commission (composed of non-Salvadorans), and the challenge of promoting judicial and other reforms of the justice system fell to the United Nations (Kritz 1995). ...
... The literature has primarily focused on institutional forms of postcommunist past and examined the success and failure of various methods of truth and justice, the timing of their implementation, the combination of methods and the preference for some methods over others (Stan 2009;Nalepa 2010;Tamm 2013;Stan & Nedelsky 2015). Scholars who study institutional forms have paid particular attention to lustration, public access to secret archives and court proceedings (Kritz 1995;Rosenberg 1995;Welsh 1996;Letki 2002;Szczerbiak 2002;Stan 2009). 7 Among measures that have received less attention in the literature are symbolic forms of truth and justice, such as official commemorations, history commissions, the changes of names of streets and localities, and theatre productions. ...
Article
This article examines the politics of renaming streets as a symbolic form of decommunisation in Ukraine. The evidence suggests that political factors, or ‘politics of the present’, rather than structural factors, or ‘politics of the past’, explain the opposition to decommunisation since 2015. More specifically, two mutually necessary factors—the interaction among subnational veto players and the efforts of toponymic commissions—explain the opposition to the renaming of streets. Regions with a high number of subnational veto players and low engagement by toponymic commissions have shown a higher degree of resistance to the renaming of streets.
... However, building foundations for the rule of law may be especially challenging in societies with a history of authoritarianism and violence (Diamond 2005). One of the functions of transitional justice programs is to help societies overcome such painful historical legacies (Kritz 1995;Teitel 2000;, but it is unclear the extent to which publics are willing to extend basic rule of law protections to former oppressors and perpetrators of violence against them (Elster 2004). ...
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Do citizens care about due process rights when holding insurgent groups accountable for violence? We examine public perceptions of justice and fairness in judicial proceedings brought against suspected Islamic State (ISIS) militants and their supporters in Mosul, Iraq. We conducted a survey of Mosul residents and people in ISIS-affiliated displacement camps outside Mosul to evaluate public support for detainee due process rights. Using a trial and punishment survey experiment, we find that Mosul residents, while favoring capital punishment for ISIS involvement, are also sensitive to procedural due process rights of the accused. People with self-reported ISIS affiliations, in contrast, are more concerned with substantive due process, and do not see capital punishment outcomes as fair, regardless of procedural considerations. Although rebel group sympathizers and opponents have clashing perspectives on what constitutes equitable punishment for participation in insurgency, both recognize the importance of due process rights to long-term peace and security.
... Notes 1. Since at least 1995 (Kritz, 1995), transitional justice is the term used to describe the set of practices and mechanisms to be adopted by States and societies that experience periods of conflict (dictatorships, civil wars and situations involving mass violence). These practices are necessary to restructure and consolidate democracy and rule of law (Teitel, 2000) in these contexts. ...
Article
The article describes, analyzes, and evaluates transitional justice measures that were adopted in Brazil regarding corporate responsibility for complicity with the civil-military dictatorship in the practice of gross human rights violations. The main focus is on the performance of the National Truth Commission and the São Paulo State Truth Commission, as well as on the agreement reached between the Prosecution Service and Volkswagen do Brasil in the scope of the civil inquiry established to determine the company’s responsibility for complicity with the civil-military dictatorship. The measures are considered incipient and not problem free, though they represent a breakthrough in corporate responsibility related to transitional justice, encouraging further development and continuity through acknowledgment and the allocation of resources.
... Although much research has been carried on the subjects of transitional justice and reparation politics (e.g., Butt 2008;de Greiff 2006;Kritz 1995;Thompson 2002;Torpey 2006), one particular element remains under-analysed: the long-term effects of a critical assessment of the past. The negotiation processes that lead to the recognition or nonrecognition of historical responsibility have been the subject of numerous analyses. ...
Article
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Collective memories are memories shared by a group that influence their social identity. The goal of this paper is to focus on two major limitations in current studies on collective memory and show how the hourglass metaphor can overcome those limitations. The first limitation concerns the partial nature of studies devoted to the analysis of collective memory. Studies tend to focus either on the choice of the past (how memory agents mobilise the past) or the weight of the past (how the past affects the individual or the group). The second limitation relates to the temporal dimension of research conducted so far. Most studies only assess memory over a single generation, yet it can have long-term effects. In this paper, we suggest considering memory work as an hourglass, with the collective and the individual at opposite ends and the sand of memories passing from one to the other, filtered through family values and representations. The hourglass metaphor thus provides a helpful tool to explain the formation of collective memories over time and the interactions between the macro, meso, and micro levels. We approach the study of collective memory from an interdisciplinary perspective, mainly involving psychology, political science, and history. We conclude by suggesting three challenges that future studies of memory will need to address: (1) the need to combine multiple approaches; (2) the need to consider the role of generations; and (3) the need to bridge discussion across disciplines.
... In that connection, in his article in a German judicial newspaper, he stressed on the basis of past failures in the application of the law by the German judiciary that 'we want to do everything we can to ensure that a situation like the one after 1945 does not occur again, which was known to ensure that no member of the judiciary was held criminally responsible for an unjust judgment' (Schaefgen, 1991). Neil Kritz considers the transitional justice as the first test of the establishment of true democracy and the rule of law (constitutional state) (Hack, 2012), which leads from dictatorship to democracy: 'in countries undergoing the radical shift from repression to democracy, this question of transitional justice presents, in a very conspicuous manner, the first test for the establishment of real democracy and the rule of law, the very principles which will hopefully distinguish the new regime from' (Kritz, 1995). It is, of course, a question whether past violations can be remedied afterwards and can be a cure for past wounds. ...
Article
The present study aims to present the difficulties of transitional justice in Hungary following the change of systems. Following the regime change, it was a legitimate need in a substantial part of society in Hungary to punish the main perpetrators of the previous communist dictatorship for the crimes committed by them, either symbolically or actually. This type of ‘punishment’ may take place in a democratic society in two ways: either because of a political decision, or in the form of prosecution by a court. From the 1990s onwards, Hungarian decision-makers were characterized by the absence of ability to cope with the question. In my study relating to the statute of limitation, in addition to the description of the concept of limitation and the applicable Hungarian regulation in force, on the one hand I introduce those crimes which are not subject to the statute of limitation under international law, on the other hand I present the different approaches of the question of suspension of the limitation period in some successor states in order to determine and provide a solution to whether the statute of limitation could have been a real obstacle to criminal accountability. In this context, my study addresses, among several other issues, the breakthrough of the prohibition of retroactive effect, the issue of limitation and the question whether there is a need for transitional justice at all. The problem of limitation in connection with the historical justice arises in the fact that, although the current Hungarian legislation in force is aware of the concept of crimes which were not subject to the statute of limitation, however, during the darkest period of the communist dictatorship, such a concept did not yet exist in Hungarian law. The Hungarian laws in force in the 1950s did not yet recognize the category non-obsolete crimes, Thus, for example under Article 25 of the Compilation of Substantive Criminal Law (Act II of 1950) in force in 1956, the limitation period for acts threatened with death or life imprisonment was only 15 years, which, however, ceased to be punishable. In my opinion, which can be considered as one of the results of my research, in the absence of a mandatory legal background similar to German or Czech, it is a special legal reasoning that can justify the lack of limitation, the rules of which are presented in detail in my study. This is the legal reasoning on the basis of which the accountability of former party leaders could have been established under both domestic and international law. That is the legislative reasoning based on which – contrary to the decision of the Constitutional Court – in my opinion, legal liability would (would have been) take place, regardless of the fact, whether it was a plea or in the context of a traditional criminal proceedings.
... One of the anomalies in the study of transitional justice is the wide variation within the genus of cases that are considered. The archetypal case is a country transitioning from authoritarianism and to democracy (Arthur 2009;De Brito 1997;De Greiff 2020:251;Iverson 2013;Kritz 1995). Over the years, the genus has expanded to include countries emerging from civil war (Olsen, Payne & Reiter 2010a). ...
... El concepto de justicia transicional surge en los años noventa con el libro Transitional Justice: Laws, rulings, and reports escrito por Neil Kritz como parte de la Iniciativa de Estado de Derecho del United States Institute of Peace. El trabajo de Kritz (1995) aborda la cuestión de cómo las democracias emergentes pueden lograr tanto la justicia como la reconciliación al conectar la justicia penal y la justicia restaurativa. Más tarde, en el año 2000, Ruti Teitel con el libro titulado Transitional Justice explora la cuestión de los enfoques legales que las sociedades adoptan para enfrentar sus legalidades de represión. ...
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Políticas públicas educativa en Colombia frente. Los desafíos de la conflictividad escolar (Hernán Obando Durán, pp.66-105) POLÍTICAS PÚBLICAS EDUCATIVAS EN COLOMBIA FRENTE A LOS DESAFÍOS DE LA CONFLICTIVIDAD ESCOLAR, Hernán Obando hace un análisis de caso partiendo de las políticas públicas educativas adoptadas en Colombia y su enfoque neoliberal, condicionado por las directrices de organismos internacionales como el FMI, el Banco Mundial y recientemente la OCDE. Cuestiona que la conflictividad escolar no se aborda desde la política pública educativa, sino que ha quedado reducido a un tratamiento policivo, de aplicación de sanciones, circunscrito solo al ámbito escolar, desconociendo otras interacciones de los niños y niñas fuera del aula. Finalmente, aborda los resultados de su investigación sobre escenarios de conflictividad escolar, de acompañamiento del sistema educativo y de la capacidad de los niños y niñas para resolver los problemas a partir de la empatía hacia el otro que deja un sinsabor por la problemática y por el impacto en los niveles de violencia. Este análisis se hace desde una perspectiva de género que evidencia mayores afectaciones en las niñas y las adolescentes. Libro resultado de investigación, realizado a partir del trabajo colaborativo entre grupos de investigación y el desarrollo de propuestas que contribuyen al fortalecimiento de los indicadores de generación de nuevo conocimiento en el área del Derecho.
... Another example of state reparation programs is the Gacaca courts in Rwanda that offered emphasis on healing reparation to victims of less serious crimes as a model that is between retribution and reparation (Bornkamm, 2012). The South African model for truth and reconciliation commissions or the lustration mechanisms seen in Eastern Europe (Kritz, 1995) focused on addressing past harms through establishing truth and legitimacy in political membership. Similar commissions in Peru and El Salvador addressed the root causes of 'structural violence'. ...
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Abstract International Review of Victimology 1–31 a The Author(s) 2021 Article reuse guidelines: sagepub.com/journals-permissions DOI: 10.1177/02697580211046402 journals.sagepub.com/home/irv Human rights advocates call for reparation as an important step to acknowledge and repair his- torical injustice and mass harms. In Bosnia and Herzegovina, victims of war continue to seek monetary reparation for non-pecuniary damages caused by genocide: murder, injury to human body and dignity, and harms inflicted upon a close family member. They seek legal remedies using national, foreign, and international human rights judicial venues. Drawing from qualitative, eth- nographic research data and archival documents, the article examines legal claims and public discourse regarding reparation and makes a case for a reconceptualization of reparation by including victim voices. The article concludes that despite being absent from the post-conflict victims’ reparation programs in Bosnia and Herzegovina, monetary reparation has assumed a social valuation attribute. On the one hand, it is a victim’s call for retributive, legal conceptions of justice – that someone who escaped international and national criminal justice programs pays. On the other hand, it is a tool to draw attention to Bosnian victims’ present civil and political exclusions that came with the international post-conflict peace treaty. While the post-war reconstruction focused on international trials, democratization, restorative justice, and state building programs, it also restricted socio-economic and cultural rights by redefining the citizenship and dismantling the welfare state. Reparation is a debt owed to victims.
... Democratic principles should be practised in a conflict between repressive regimes and heavily polarized members and victims of a civil war (Kritz 1995;Crocker 2000;De Brito et al. 2001;Vinjamuri and Snyder 2004;Lincoln 2011). Transitional justice concepts should be intensified in institutional arrangements to guarantee truth-seeking and legal protection of victims in postpeace agreement societies. ...
Thesis
Recent studies on international mediation have mainly focused on the impact of mediation on armed intra-state conflicts, emphasizing successfully completed ceasefires and peace agreements. Scholars have largely neglected the important part which mediation has played in implementing peace agreements. Accordingly, this dissertation aims at closing the research gap, analysing the impact of "pure" and "power" mediation on the successful implementation of peace agreements. To explain why some agreements have been successfully implemented, whereas others have experienced less progress, one should duly acknowledge the third-party mediators' performance involving various qualities such as leverage power, facilitation, communication, monitoring, dispute resolution, confidence-building, providing security and spoiler prevention, planning timetable and arranging financial support for the implementation process. This study demonstrates that multiple power mediators (the UK and the Republic of Ireland in Ulster) and multiple pure mediators (the UN and COPAZ in El Salvador) are mutually supportive in the successful implementation of peace agreements. They are by far more successful than a singly acting pure mediator (Organization of Islamic Cooperation in Mindanao) or a single power mediator (Syrian Arab Republic in Lebanon). My thesis conducts a case analysis and likewise a comparative case analysis of four comprehensive peace agreements, revealing the two highest and the two lowest degrees of implementation. It takes extensive account of the difficult conditions under which governments and rebels have implemented peace agreements supported by international mediators. It thus reinforces the theories and practice of international mediation, of implementing peace agreements and of sustainable peace. Failed implementation leads to humanitarian disasters such as in Angola, Rwanda, Liberia and Sierra Leone.
... The above paragraphs have demonstrated the struggle of memory against forgetting in the twentieth century. In recent years, the term "transitional justice" has come into use to define the various ways in which post-conflict societies seek to come to terms with recent histories of state violence, war and human rights' abuses: methods used include war crime tribunals, various forms of corrective and distributive justice, truth commissions, and lustration (Kritz 1995;Teitel 2000;simić 2017). This at times elaborate system of confrontation with the past is also characterized by a high degree of flexibility and pragmatics, but underpinning it is a quite extraordinary faith in the transformative power of articulated memory, and of making memory work. ...
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A Cultural History of Memory in the Twentieth Century cannot be written without taking into account the massive impact of the nation state on collective memory formation. This volume explores the power of the nation as a framework for the operation of collective memory but, in line with recent memory theory, the contributions also warn against the pitfalls of ‘methodological nationalism’ which risks subsuming society under the rubric of the nation-state. Likewise, it would be hard to imagine a cultural history of twentieth century memory which did not accord the Holocaust a central place in that history. As such, several chapters in this volume address this genocide. One key concern which emerges in this book is the question of periodization: how should we conceive of patterns in memory over the course of the twentieth century? Many developments in memory across the globe are connected by the fact that political, social and cultural forces in the twentieth century have been and remain global in reach. As such, this volume underlines the importance of progressing the agenda of ‘transnational memory’ studies. In doing so, A Cultural History of Memory in the Twentieth Century emphasizes the need to move beyond a focus on memory of war and genocide and seeks to offer a rich and diverse study of memory in the modern world.
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Processes of transitional justice can be informed by a multitude of goals, including the attainment of democracy. In societies where there is an already existing democratic dispensation, the goal of democracy relates to strengthening democratic values and instilling trust in the government. Ghana exemplifies the latter scenario, as the country had adopted democratic governance nearly 10 years before the establishment of a truth commission. This paper discusses the historical background against which Ghana’s main transitional justice mechanism, the National Reconciliation Commission (NRC), was conceived and implemented, and examines the reasons for, and effects of, the decade-long delay in doing so. It then assesses the extent to which Ghana’s NRC has promoted democratic values through its work, and asserts that in conflicted democracies, the attainability of a more resilient democracy depends on whether transitional justice mechanisms are designed and operated with adherence to democratic norms and standards.
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This article focuses on Ghana’s National Reconciliation Commission’s (NRC) archival holdings, which hold enormous value as a source for scholarly research but constitute a target of destructive forces, prompting the government to impose restrictive policies to regulate access to them. This article argues that in spite of the prevailing restrictions, opportunities exist for original enquiry into the NRC and Ghana’s human rights history through the piecemeal and selective access offered by the various repositories to researchers.
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El presente trabajo analiza la evolución y desgaste que ha tenido el CGPJ del estado español, sobre todo, a raíz de la situación de bloqueo en su renovación de ya más de tres años. Para ello, se parte de la teoría del órgano constitucional y se reivindica ésta como patrón incuestionable de estudio de nuestro modelo. Se presenta la riqueza y complejidad del «estado del arte» de nuestro CGPJ y sus muchos modelos surgidos en un panorama hiper reformista. Y desde aquí, sobre todo bajo la última reforma de 2021 que regula el «consejo en funciones», se centra el trabajo en tres, de los varios problemas que viene sufriendo el consejo, a saber: el desarrollo de su competencia en nombramientos discrecionales, la mala comprensión de su naturaleza de órgano que debe rendir cuentas (de ahí la pobreza de este tipo de herramientas pensadas para la rendición de cuentas) y, por último se reflexiona sobre el bloqueo de la renovación y su «fraudulenta» regulación. Acaba este trabajo mirando a Europa y a los documentos de soft law sobre los consejos judiciales en el siglo XXI.
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In 2020, the Maldives instituted a transitional justice process to address decades of systematic human rights abuses including the widespread use of arbitrary arrest and detention, torture, and the forced depopulation of entire island communities. While the country’s decision to confront its violent past is not unusual, the institution it has established to undertake that task is. Rather than institute a truth and reconciliation commission (TRC), refer cases to its Human Rights Commission, or undertake criminal trials in its domestic judicial system, the Maldives has taken the unprecedented step of establishing a temporary Ombudsperson’s Office for Transitional Justice (OTJ). Comparing the OTJ to national human rights institutions and TRCs, this article examines how and why the Maldives’ transitional justice process has taken this unusual form. It suggests that the OTJ represents a new attempt to address the full range of human rights abuses, including violations of social and economic rights, perpetrated by repressive regimes.
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This research article aims to enhance regional studies with a focus on the Balkan peninsula, by providing a comprehensive analysis of the extent of transitional justice mechanisms in Albania and its local perception among the citizens. With the fall of military dictatorships in Latin America in 1980s, the breakup of the Soviet Union and the emergence of new states in 1990s, the concept of Transitional Justice (TJ) saw a significant rise in the late 1980s and early 1990s. This was further propelled by the fall of the Berlin Wall (1989), the prolonged breakup of the Socialist Federal Republic of Yugoslavia (1992) as well as the fall of the communist dictatorship in Albania (1990). The emergence of new states and the state-building processes that followed the political and social changes also brought new challenges and conflicts, although they marked the end of significantly repressive political regimes. Considering that the implementation of TJ has undergone several changes over time and dependent of the different settings in which it was employed, it is necessary to conduct extensive research to determine the extent to which TJ differs in post-communist and post-conflict nations. The main research question of this article is: How is reflected the current status of transitional justice in Albania in the lens of public perceptions? To achieve the goal, this article employs quantitative data through a survey conducted with 1021 respondents in Albania. The results of the study show that there are significant differences between the responses of participants who reported having knowledge of Transitional Justice and those who reported being unaware, particularly with their understanding of the number of victims affected. p-value <0.05. Received: 6 September 2023 / Accepted: 29 November 2023 / Published: 5 January 2024
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In this chapter, I highlight core transitional justice principles with a view to noting the various components that have come to represent a transitional justice orthodoxy. The convergence between TJ and peacebuilding has evolved to such an extent that the two have become almost synonymous, sharing much in terms of liberal, Eurocentric ideology, and enjoying the benefits that accompany becoming mainstreamed within the operational policies of the UN. In unpacking the ways that peacebuilding has been weaponised against the Palestinians, thus stifling the pursuit of a justice-oriented, decolonial reality, I note how, when pressed into service in areas of ongoing settler colonial violence, TJ interventions can have a deflating effect, particularly when they fail to properly platform the legitimate decolonial demands of an Indigenous community battling against attempts at their permanent erasure.
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This paper aims to conduct an in-depth analysis of the concept of transitional justice, of the international legal instruments that address the obligation of former communist states to take measures for the eradication of the communist past as a necessary condition for the construction of a functional democracy that has peace and social prosperity at its fundaments. This paper provides a detailed analysis of the legal reform of lustration and the right to information on the files of the communist regime, focusing specifically on the arguments that justify the emergence of these reforms, reviewing their content, delineating specifically the category of subjects whom these reforms addressed as well as the rights and obligations that they created, by also outlining the progress and effectiveness of these reforms in relation to the time when they were initiated and were enforced This paper seeks to identify whether it has achieved or not the purpose for which these reforms were born in order to consolidate the new democratic state and to build a future in peace and social and economic prosperity. This paper supports the hypothesis that political interest has been the foundation of transitional justice reforms in Albania, while the wider interest of the public and of the different stakeholders has had little impact on the formulation of the transitional justice policies and on their effective implementation. To substantiate this hypothesis, the paper is organized as a study based on the desk research method, namely theoretical consultation with important legal documents as well as historical interpretation of them. The main finding of this paper is that, despite the fact that there is a legal basis for lustration and the right to information on state security files this right has not yet become effective, not only because the Albanian Parliament has been postponing for about 1 year and half the election of members of the relevant state authority charged with this task, but also because the mechanism has proved to be ineffective or at its worst unwilling to realize the purpose for which this important mechanism was set up, namely that of uncovering the truth over the communist period and banning on the exercising public functions by former state security collaborators.
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The determination of truth in the aftermath of war aiming at establishing justice and peace is a key element of a transitional justice (TJ) process. The theory of justice of Roland Dworkin deals with an approach in which the interpretation of values such as equality, liberty or truth are paramount. Dworkin’s theory of justice is applied to constitutional states and lays out how democratic values are negotiated. The goal of a TJ process is to lead a state towards democracy after a war or internal armed conflict. TJ processes as well as Dworkin’s theory of justice are to be understood as dynamic, which implies that they are subject to constant change and thus to be considered in their respective social, cultural, political, and economic contexts. This paper explores the relationship between truth and justice in the framework of a TJ trial and Roland Dworkin’s theory of justice. The TJ process in Colombia serves as a case study because that was where I conducted field research in TJ in 2019.
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En el presente artículo de reflexión se indagará en torno a los orígenes y desarrollo de la noción de justicia transicional a la luz de las experiencias sociopolíticas asociadas con los procesos de superación de escenarios de conflictividad política y de construcción de paz. En ese sentido, se precisarán los principales modelos de justicia transicional hegemónicos en periodos históricos concretos, así como la relación que existe entre esta noción y los desarrollos de la defensa judicial de los derechos humanos a nivel global. Lo anterior permitirá la comprensión de la justicia transicional como un concepto dinámico, íntimamente ligado a los contextos propios de las conflictividades objeto de superación, en el cual cada uno de sus instrumentos o mecanismos ostenta una especial relevancia en atención al tipo de conflictividad y las condiciones sociopolíticas que permitieron el inicio del proceso transicional.
Article
At different times and places, civic engagement in nonviolent resistance (NVR) has repeatedly shown to be an effective tool in times of conflict to initiate societal change from below. History teaches us that there have been successes (Mahatma Gandhi in India) and failures (the Tiananmen Square protests in China). Along with the recognition of the duality between transformative potential and stark consequences, the historical development of NVR was accompanied by the emergence of scholarly debate, fractured along disputes around purpose, character and effectivity of nonviolent actions taken by civil society stakeholders engaged in making their voices heard. One of the field’s current points of interest is the examination of the long-term effects of NVR movements resulting in societal transformation on the stability and adequacy of a subsequently altered or emerging democracy, suggesting that NVR contributes positively to the sustainable and representative design of an egalitarian governing system. The conclusion of the Nepalese civil war in 2006 should pose as an unambiguous example for the illustration of this phenomenon, but simultaneously raises the question why there was no successful implementation of a transitional process focusing on the needs of the victims.
Article
Following times of great conflict and tragedy, many countries implement programs and policies of transitional justice, none more extensive than in post-genocide Rwanda. Placing Rwanda's transitional justice initiatives in their historical and political context, this book examines the project undertaken by the post-genocide government to shape the collective memory of the Rwandan population, both through political and judicial reforms but also in public commemorations and memorials. Drawing on over two decades of field research in Rwanda, Longman uses surveys and comparative local case studies to explore Rwanda's response both at a governmental and local level. He argues that despite good intentions and important innovations, Rwanda's authoritarian political context has hindered the ability of transnational justice to bring the radical social and political transformations that its advocates hoped. Moreover, it continues to heighten the political and economic inequalities that underline ethnic divisions and are an important ongoing barrier to reconciliation.
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A fifth transitional justice option is the vetting of public servants. This subjects public servants from a former dictatorship to a screening process, which may result in professional disqualification or employment bans. Such screenings are also often carried out after the end of wars, in which case they affect primarily the armed forces and state security apparatus.
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This publication deals with the topic of transitional justice. In six case studies, the authors link theoretical and practical implications in order to develop some innovative approaches. Their proposals might help to deal more effectively with the transition of societies, legal orders and political systems. Young academics from various backgrounds provide fresh insights and demonstrate the relevance of the topic. The chapters analyse transitions and conflicts in Sierra Leone, Argentina, Nicaragua, Nepal, and South Sudan as well as Germany’s colonial genocide in Namibia. Thus, the book provides the reader with new insights and contributes to the ongoing debate about transitional justice. Gegenstand dieser Publikation ist das Thema „Transitional Justice“. In sechs Fallstudien verknüpfen die Autoren theoretische und praktische Implikationen, um innovative Ansätze zu entwickeln. Ihre Vorschläge wollen dazu beitragen, den Übergangsprozess von Gesellschaften, Rechtsordnungen und politischen Systemen effektiver zu gestalten. Nachwuchswissenschaftler mit unterschiedlichem fachlichem Hintergrund geben hier neue Einblicke und zeigen die fortdauernde Relevanz des Themas. Die Kapitel analysieren Übergänge und Konflikte in Sierra Leone, Argentinien, Nicaragua, Nepal und Süd-Sudan sowie den kolonialen Völkermord in Namibia. So liefert das Buch dem Leser neue Erkenntnisse und trägt zur laufenden Debatte über das Thema „Transitional Justice“ bei.
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In today's market conditions, increasing the yield and improving the quality of wheat grain is becoming increasingly important. This requires the introduction of varieties with high productivity and adaptability to environmental conditions. In this regard, in recent years have been created varieties with high genetic potential for grain productivity and quality. The aim of the present study is to establish the productive possibilities of the studied varieties in the conditions of Bulgaria and to determine the suitable ones for the region. The experiment was conducted in the experimental field of the Faculty of Agriculture at the Trakia University, Bulgaria. The productivity of nine varieties of common wheat was studied. Biometric measurements were performed and the following indicators were established: plant height, class length and number of grains in it, weight per 1000 seeds. The yield per decare for the individual varieties has been established. The results of the study allow us to draw the following conclusions the tallest plants (90.63 cm) were formed in the Factor variety during the three years of the field experiment; the Falado variety by grain weight in the class exceeds the standard Factor variety (1.18 g) by 22.9%; the Falado and Gabrio varieties are characterized by the highest productivity. The ecological plasticity and the genotype of the varieties provide an excess of 44.7 and 42.9% compared to Factor. The yields of the Falado variety are 7104.89 kg/ha and 7014.28 kg/ha, respectively.
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This chapter critically explores the relevant literature on transitional justice: the field of enquiry that specifically studies ideas and practices related to the way in which societies face past abuses. It suggests an insightful analytical perspective from which this book explores Mexico’s transitional justice process.
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Transitional justice is conventionally theorized as how a society deals with past injustices after regime change and alongside democratization. Nonetheless, scholars have not reached a consensus on what is to be included or excluded. Recent ideas of transformative justice seek to expand the understanding of transitional justice to include systemic restructuring and socioeconomic considerations. In the context of Nicaragua— where two transitions occurred within an 11-year span— very little transitional justice took place, in terms of the conventional concept of top-down legalistic mechanisms; however, distinct structural changes and socioeconomic policies can be found with each regime change. By analyzing the transformative justice elements of Nicaragua’s dual transition, this chapter seeks to expand the understanding of transitional justice to include how these factors influence goals of transitions such as sustainable peace and reconciliation for past injustices. The results argue for increased attention to transformative justice theories and a more nuanced conception of justice.
Article
En 2007, lorsque Sidi Ould Cheikh Abdellahi accéda au pouvoir, il engagea un processus de « réconciliation nationale » qui était censé permettre la reconnaissance publique des violences des années 1980-1990 et des victimes de celles-ci. Mais très vite, les mesures en faveur de cette politique de reconnaissance et la possibilité de voir l’entière vérité surgir, déplurent aux généraux de l’armée, caciques de l’ancien régime. Ces derniers s’emparèrent donc du pouvoir en août 2008. Avec le général Ould Abdel Aziz, qui prit la suite d’Ould Cheikh Abdellahi, le processus de réconciliation nationale produisit confusions et ambiguïtés. Le travail des autorités militaires, en collaboration avec un collectif de victimes, apparut pour de nombreux autres comme une tentative d’évacuation du passé douloureux. Il était donc impératif, selon les victimes « exclues », de revenir à la table des négociations. Faisant face au refus du pouvoir de rouvrir ces dernières, quelques collectifs de victimes et organisations de droits humains, accompagnés par des ONG internationales, entreprirent d’aborder la question des violences du passé et leurs conséquences en recourant à un mécanisme de sortie de crise qui avait l’objet de discussions prometteuses sous la brève mandature d’Ould Cheikh Abdellahi : la justice transitionnelle. S’appuyant sur des entretiens avec des victimes mobilisées au sein de structures associatives et politiques, sur les déclarations publiques de responsables associatifs et les travaux d’associations de victimes et d’ONG internationales, cet article rend compte des conditions d’introduction de la justice transitionnelle dans le débat sur la « réconciliation nationale », mais également du travail de promotion de ce modèle par des acteurs associatifs et leurs partenaires internationaux. Par ailleurs, cet effort de promotion se heurtant aux réticences des autorités officielles, l’article revient sur les motivations de ces dernières, avant de conclure avec les revendications en cours des organisations de victimes.
Article
A memory breach is an action, statement, or sociopolitical crisis that calls into dispute the mnemonic order, which is defined as an underlying orientation toward the past that serves to justify the political order and social order within a society. Following a memory breach, the society enters a “state of conception.” Related to the “state of exception” commonly associated with political crisis, the state of conception is a liminal space that follows a memory breach in which a society reexamines the mnemonic order. This article examines three recent memory breaches in Argentina, Germany, and the United States. By comparing three different breaches, each with different outcomes, it offers a framework for understanding memory breaches and the states of conception that they produce.
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As the prosecution of the International Criminal Court (ICC) is vested with discretion with respect to the investigation and indictment on serious international crimes, its practice has often been challenged even by member states to the ICC Statute that are directly concerned with the case in question. In particular, African states have expressly demonstrated their critical attitudes toward the recent judicial activities of the ICC. Although such criticism has partially been grounded on the arguable assumption regarding the concept of immunity of senior state officials, it may be recognized as more or less reflecting the unstable legal structure on which the ICC and international community itself is grounded. Meanwhile, with respect to indirect enforcement of international criminal law, the significance of the prosecution itself has occasionally been questioned in some aspects. Although a direction toward formulating a general obligation to prosecute crimes under international law in the strict sense, or core crimes, may be observed, such a direction apparently confronts other types of state practices and accompanying discussions on transitional justice, which have often been evaluated by the United Nations. International rulemaking in the aspect of indirect enforcement seems to have encountered the problem of sorting out these different views and practices.
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This chapter presents a comprehensive review of the literature on transitional justice, concentrating on its genealogy and how participation has evolved over time. The transitional justice literature has seen three distinct waves, with the most recent increasingly focused on national ownership and reconciliation, merging local peacebuilding, and local transitional justice research agendas. The importance of the participation of diaspora populations in transitional justice features prominently in this regard.
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La justicia transicional es la herramienta jurídico-política que implementa un Estado, en virtud de su soberanía y en cumplimiento de sus obligaciones internacionales, destinado a investigar, judicializar y sancionar penalmente, si fuere el caso, a los presuntos máximos responsables de violaciones graves a los Derechos Humanos o graves infracciones al Derecho Internacional Humanitario, de forma excepcional y bajo garantías procesales reales. Su literatura relacionada es amplia, en cuanto a la conceptualización, y existen definiciones que van desde lo jurídico hasta lo sociológico y antropológico, pasando también por los diferentes escenarios políticos y académicos, a la par de su aplicación práctica, en prioridad de la justicia restaurativa y reparadora sobre la retributiva, con el propósito de superar la violencia generada en los territorios con casos de violaciones graves a los DD. HH. e infracciones al DIH. El presente documento es una revisión de dichos conceptos, su aplicación y perspectivas.
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