Download or read book Justice in Transition Prosecution and Amnesty in Germany and South Africa written by Gerhard Werle and published by BWV Verlag. This book was released on 2006-01-01 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The project on 'Criminal Justice and the East German Past' held an international symposium ... from 6 to 9 April 2005 at the Humboldt University in Berlin"--Page v.
Download or read book Transitional Justice written by Gerhard Werle and published by Springer Nature. This book was released on 2022-09-08 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: The expression “transitional justice” emerged at the end of the Cold War, during the transition from dictatorships to democracies, and serves as a central concept in dealing with systemic injustice. This textbook examines the basic principles of transitional justice and explores its core mechanisms, including prosecutions, amnesties, truth commissions, reparations, and vetting the public service. It elaborates the substance and legal framework of these mechanisms and discusses current challenges. The book provides extensive material illustrating a wide variety of transitional justice situations. “This book summarizes the subjects of transitional justice and Vergangenheitsbewältigung systematically and clearly” (Joachim Gauck, German Federal President, 2012-2017).
Download or read book Post TRC Prosecutions in South Africa written by Ole Bubenzer and published by BRILL. This book was released on 2009-10-31 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: After the transition to democracy in 1994, South Africa implemented an innovative scheme at the Truth and Reconciliation Commission, granting perpetrators conditional amnesty. It essentially calls for the prosecution of those who did not receive amnesty for the crimes they committed during the apartheid conflict. This book provides the first comprehensive analysis of prosecutions after the amnesty process. Drawing on interviews with key protagonists and largely unpublished documents, the volume analyses trials and the political background. It scrutinises the issue in the normative framework of national and international human rights law, and addresses whether the prosecutions were adequately carried out. The study thus allows a concluding evaluation of the justice and consistency of South Africa’s internationally acclaimed amnesty process.
Download or read book Transitional Justice and the Rule of Law in New Democracies written by A. James McAdams and published by . This book was released on 1997 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first focused study on the relationship between the use of national courts to pursue retrospective justice and the construction of viable democracies. Included in this interdisciplinary volume are fascinating, detailed essays on the experiences of eight countries: Argentina, Bolivia, Chile, Germany, Greece, Hungary, Poland, and South Africa. According to the contributors, the most important lesson for leaders of new democracies, who are wrestling with the human rights abuses of past dictatorships, is that they have many options. Democratizing regimes are well-advised to be attentive to the significant political, ethical, and legal constraints that may limit their ability to achieve retribution for past wrongs. On prudential ground alone, some fledgling regimes will have no choice but to restrain their desire for punishment in the interest of political survival. However, it would be incorrect to think that all new democracies are therefore bereft of the political and legal resources needed to bring the perpetrators of egregious human rights violations to justice. In many instances, governments have overcome the obstacles before them and, by appealing to both national and international legal standards, have brought their former dictators to trial. When these judicial proceedings have been properly conducted and insulated from partisan political pressures, they have provided tangible evidence of the guiding principles-equality, fairness, and the rule of law-that are essential to the post-authoritarian order. This collection shows that the quest for transitional justice has amounted to something more than merely a break with the past--it constitutes a formative act which directly affects the quality and credibility of democratic institutions.
Download or read book International Internet Bibliography on Transitional Justice written by and published by . This book was released on 2000 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Mainly literature in English or German is included. Special emphasis is placed on the South African Truth and Reconciliation Commission (TRC) and on Germany after 1945 and 1989.
Download or read book The Era of Transitional Justice written by Paul Gready and published by Routledge. This book was released on 2010-10-18 with total page 607 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Era of Transitional Justice explores a broad set of issues raised by political transition and transitional justice through the prism of the South African TRC. South Africa constitutes a powerful case study of the enduring structural legacies of a troubled past, and of both the potential and limitations of transitional justice and human rights as agents of transformation in the contemporary era. South Africa‘s story has wider relevance because it helped to launch constitutional human rights and transitional justice as global discourses; as such, its own legacy is to some extent writ large in post-authoritarian and post-conflict contexts across the world. Based on a decade of research, and in an analysis that is both comparative and interdisciplinary, Paul Gready maintains that transitional justice needs to do more to address structural violence and in particular poverty, inequality and social and criminal violence as these have emerged as stubborn legacies from an oppressive or war-torn past in many parts of the world. Organised around four central themes new keyword conceptualisation (truth, justice, reconciliation); re-imagining human rights; engaging with the past and present; remaking the public sphere it is an argument that will be of considerable relevance to those interested in the law and politics of transitional societies.
Download or read book Restoration or retribution South African and German experiences of dealing with the past written by Patrick Wagner and published by GRIN Verlag. This book was released on 2003-11-11 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bachelor Thesis from the year 2003 in the subject Politics - International Politics - Topic: Miscellaneous, grade: 1 (A), University of Kent (Department of Politics and International Relations), language: English, abstract: Numerous societies who are in a transition period between an authoritarian regime and democracy face the question of how to deal with their past. In most cases the option to forget what has happened and to concentrate only on the future is neither possible nor desired by the people. For many the choice is between setting up a truth commission and dealing with the perpetrators of gross human rights violations in special or conventional courts. Before discussing the South African and the German examples, part one of this paper examines the different concepts of justice proposed by the two mechanisms of dealing with the past. Part two then focuses on the South African experience to deal with the atrocities of the apartheid regime by means of the Truth and Reconciliation Commission. The commission's approach on how to deal with the past will be discussed alongside both its achievements and shortcomings. The controversial debate about the TRC’s policy to grant amnesty for perpetrators of gross human rights violations in return for the truth shall be a central feature of this part. The German experience and the International Military Tribunal (IMT) at Nuremberg are the topics of part three. One of the most important achievements of the IMT certainly was its impact on international law. For the first time in history, although this was not the primary aim of the tribunal, ‘crimes against humanity’ were part of the allegations against the defendants. On the other hand, the IMT was criticized heavily for constituting victors’ justice and therefore its judgement was argued to be illegitimately imposed. Finally, part four compares the two mechanisms, truth commissions and trials or military tribunals, and seeks to point out their advantages and disadvantages. Clearly, it must be argued that the more traditional approach to achieve justice by punishment pursuit by trials or military tribunals satisfies victims’ desire for retribution better than truth commission could ever do. Nevertheless, truth commissions can be employed in circumstances where trials are impossible as well as they are the only mechanism to break the circle of revenge by promoting forgiveness and reconciliation. However, the problem remains that “reconciliation might be a desired end point but above all it is a process.” (Andrew Rigby) One can thus hardly evaluate the success of a truth commission as the process it possibly initiated takes several generations to show its results.
Download or read book Necessary Evils written by Mark Freeman and published by Cambridge University Press. This book was released on 2009-11-30 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about amnesties for grave international crimes that states adopt in moments of transition or social unrest. The subject is naturally controversial, especially in the age of the International Criminal Court. The goal of this book is to reframe and revitalise the global debate on the subject and to offer an original framework for resolving amnesty dilemmas when they arise. Most literature and jurisprudence on amnesties deal with only a small subset of state practice and sidestep the ambiguity of amnesty's position under international law. This book addresses the ambiguity head on and argues that amnesties of the broadest scope are sometimes defensible when adopted as a last recourse in contexts of mass violence. Drawing on an extensive amnesty database, the book offers detailed guidance on how to ensure that amnesties extend the minimum leniency possible, while imposing the maximum accountability on the beneficiaries.
Download or read book Transitional Amnesty in South Africa written by Antje du Bois-Pedain and published by Cambridge University Press. This book was released on 2007-12-20 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: After the transition to democracy in 1994, South Africa reached out to perpetrators of violence from all conflicting parties by giving amnesty to those who fully disclosed their politically motivated crimes. This 2007 volume provides a comprehensive analysis of South Africa's amnesty scheme in its practical and normative dimensions. Through empirical analysis of over 1000 amnesty decisions made by the Amnesty Committee of the Truth and Reconciliation Commission, the study measures the scheme against its stated goals of truth recovery, victim empowerment and perpetrator accountability. It also explores normative questions raised by the absence of punishment. Highlighting the distinctive nature of South Africa's conditional amnesty as an exceptional 'rite of passage' into the new, post-conflict society, it argues that the amnesty scheme is best viewed as an attempt to construct a new 'justice script' for a society in transition, in which a legacy of politically motivated violence is being addressed.
Download or read book An Introduction to Transitional Justice written by Olivera Simić and published by Routledge. This book was released on 2020-07-30 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Second Edition of An Introduction to Transitional Justice provides a comprehensive overview of transitional justice judicial and non-judicial measures implemented by societies to redress legacies of massive human rights abuse. Written by some of the leading experts in the field, it takes a broad, interdisciplinary approach to the subject, addressing the dominant transitional justice mechanisms as well as key themes and challenges faced by scholars and practitioners. Using a wide historic and geographic range of case studies to illustrate key concepts and debates, and featuring discussion questions and suggestions for further reading, this is an essential introduction to the subject for students.
Download or read book The African Criminal Court written by Gerhard Werle and published by Springer. This book was released on 2016-11-29 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers the first comprehensive and in-depth analysis of the provisions of the ‘Malabo Protocol’—the amendment protocol to the Statute of the African Court of Justice and Human and Peoples’ Rights—adopted by the African Union at its 2014 Summit in Malabo, Equatorial Guinea. The Annex to the protocol, once it has received the required number of ratifications, will create a new Section in the African Court of Justice and Human and Peoples’ Rights with jurisdiction over international and transnational crimes, hence an ‘African Criminal Court’. In this book, leading experts in the field of international criminal law analyze the main provisions of the Annex to the Malabo Protocol. The book provides an essential and topical source of information for scholars, practitioners and students in the field of international criminal law, and for all readers with an interest in political science and African studies. Gerhard Werle is Professor of German and Internationa l Crimina l Law, Criminal Procedure and Modern Legal History at Humboldt-Universität zu Berlin and Director of the South African-German Centre for Transnational Criminal Justice. In addition, he is an Extraordinary Professor at the University of the Western Cape and Honorary Professor at North-West University of Political Science and Law (Xi’an, China). Moritz Vormbaum received his doctoral degree in criminal law from the University of Münster (Germany) and his postdoctoral degree from Humboldt-Universität zu Berlin. He is a Senior Researcher at Humboldt-Universität, as well as a coordinator and lecturer at the South African-German Centre for Transnational Criminal Justice.
Download or read book Anti Impunity and the Human Rights Agenda written by Karen Engle and published by Cambridge University Press. This book was released on 2016-12-15 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents and critiques the distorted effects of the international human rights movement's focus on the fight against impunity.
Download or read book My Own Liberator written by Dikgang Moseneke and published by Pan Macmillan South africa. This book was released on 2018-01-01 with total page 527 pages. Available in PDF, EPUB and Kindle. Book excerpt: In My Own Liberator, Dikgang Moseneke pays homage to the many people and places that have helped to define and shape him. In tracing his ancestry, the influence on both his maternal and paternal sides is evident in the values they imbued in their children – the importance of family, the value of hard work and education, an uncompromising moral code, compassion for those less fortunate and unflinching refusal to accept an unjust political regime or acknowledge its oppressive laws. As a young activist in the Pan-Africanist Congress, at the tender age of fifteen, Moseneke was arrested, detained and, in 1963, sentenced to ten years on Robben Island for participating in anti-apartheid activities. Physical incarceration, harsh conditions and inhumane treatment could not imprison the political prisoners’ minds, however, and for many the Island became a school not only in politics but an opportunity for dedicated study, formal and informal. It set the young Moseneke on a path towards a law degree that would provide the bedrock for a long and fruitful legal career and see him serve his country in the highest court. My Own Liberator charts Moseneke’ s rise as one of the country’s top legal minds, who not only helped to draft the interim constitution, but for fifteen years acted as a guardian of that constitution for all South Africans, helping to make it a living document for the country and its people.
Download or read book Transitional Amnesty in South Africa written by Antje du Bois-Pedain and published by Cambridge University Press. This book was released on 2011-08-25 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: After the transition to democracy in 1994, South Africa reached out to perpetrators of violence from all conflicting parties by giving amnesty to those who fully disclosed their politically motivated crimes. This 2007 volume provides a comprehensive analysis of South Africa's amnesty scheme in its practical and normative dimensions. Through empirical analysis of over 1000 amnesty decisions made by the Amnesty Committee of the Truth and Reconciliation Commission, the study measures the scheme against its stated goals of truth recovery, victim empowerment and perpetrator accountability. It also explores normative questions raised by the absence of punishment. Highlighting the distinctive nature of South Africa's conditional amnesty as an exceptional 'rite of passage' into the new, post-conflict society, it argues that the amnesty scheme is best viewed as an attempt to construct a new 'justice script' for a society in transition, in which a legacy of politically motivated violence is being addressed.
Download or read book Rwanda s Gacaca Courts written by Paul Christoph Bornkamm and published by Oxford University Press. This book was released on 2012-01-12 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally presented as the author's thesis (doctoral)--Humboldt University of Berlin, 2009.
Download or read book Ordinary People as Mass Murderers written by O. Jensen and published by Springer. This book was released on 2008-11-03 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the 1990s scholars have focused heavily on the perpetrators of the Holocaust, and have presented a complex and diverse picture of perpetrators. This book provides a unique overview of the current state of research on perpetrators. The overall focus is on the key question that it still disputed: How do ordinary people become mass murderers?
Download or read book In the Shadow of Genocide written by Stephanie Wolfe and published by Taylor & Francis. This book was released on 2022-12-30 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together scholars and practitioners for a unique inter-disciplinary exploration of justice and memory within Rwanda. It explores the various strategies the state, civil society, and individuals have employed to come to terms with their past and shape their future. The main objective and focus is to explore broad and varied approaches to post-atrocity memory and justice through the work of those with direct experience with the genocide and its aftermath. This includes many Rwandan authors as well as scholars who have conducted fieldwork in Rwanda. By exploring the concepts of how justice and memory are understood the editors have compiled a book that combines disciplines, voices, and unique insights that are not generally found elsewhere. Including academics and practitioners of law, photographers, poets, members of Rwandan civil society, and Rwandan youth this book will appeal to scholars and students of political science, legal studies, French and francophone studies, African studies, genocide and post-conflict studies, development and healthcare, social work, education and library services.
