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Author: Erik Doxtader
Publisher: New Africa Books
ISBN: 9780864866158
Category : Amnesty
Languages : en
Pages : 356
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Book Description
South Africa's amnesty was a unique experiment. A path that lay 'between a Nuremberg option and total amnesia, ' the amnesty process was designed in the heat of a remarkable and complex transition to constitutional democracy
Author: Erik Doxtader
Publisher: New Africa Books
ISBN: 9780864866158
Category : Amnesty
Languages : en
Pages : 356
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Book Description
South Africa's amnesty was a unique experiment. A path that lay 'between a Nuremberg option and total amnesia, ' the amnesty process was designed in the heat of a remarkable and complex transition to constitutional democracy
Author: Helena Cobban
Publisher: Routledge
ISBN: 1317263693
Category : Political Science
Languages : en
Pages : 292
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Book Description
"A compelling read." Richard J. Goldstone, former Chief Prosecutor of the UN tribunals for the former Yugoslavia and Rwanda "A very important contribution." Princeton N. Lyman, Council on Foreign Relations "A powerful reminder that dealing with the legacy of wartime atrocities is not simply a matter of bringing perpetrators to justice. It also means overcoming the divisions within the society and healing the victims." Marina Ottaway, Senior Associate, Democracy and Rule of Law Project, Carnegie Endowment for International Peace In Amnesty after Atrocity? veteran journalist Helena Cobban examines the effectiveness of different ways of dealing with the aftermath of genocide and violence committed during intergroup conflicts. She traveled to Rwanda, Mozambique, and South Africa to assess the various ways those nations tried to come to grips with their violent past: from war crimes trials to truth commissions to outright amnesties for perpetrators. She discovered that in terms of both moving forward and satisfying the needs of survivors, war crimes trials are not the most effective path. This book provides historical context and includes interviews with a cross-section of people: community leaders, victims, policymakers, teachers, rights activists, and even some former abusers. These first-person accounts create a rich, readable text, and Cobban's overall conclusions will surprise many readers in the West.
Author: Renee Jeffery
Publisher: University of Pennsylvania Press
ISBN: 081224589X
Category : Law
Languages : en
Pages : 312
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Book Description
For the last thirty years, documented human rights violations have been met with an unprecedented rise in demands for accountability. This trend challenges the use of amnesties which typically foreclose opportunities for criminal prosecutions that some argue are crucial to transitional justice. Recent developments have seen amnesties circumvented, overturned, and resisted by lawyers, states, and judiciaries committed to ending impunity for human rights violations. Yet, despite this global movement, the use of amnesties since the 1970s has not declined. Amnesties, Accountability, and Human Rights examines why and how amnesties persist in the face of mounting pressure to prosecute the perpetrators of human rights violations. Drawing on more than 700 amnesties instituted between 1970 and 2005, Renée Jeffery maps out significant trends in the use of amnesty and offers a historical account of how both the use and the perception of amnesty has changed. As mechanisms to facilitate transitions to democracy, to reconcile divided societies, or to end violent conflicts, amnesties have been adapted to suit the competing demands of contemporary postconflict politics and international accountability norms. Through the history of one evolving political instrument, Amnesties, Accountability, and Human Rights sheds light on the changing thought, practice, and goals of human rights discourse generally.
Author: Francesca Lessa
Publisher: Cambridge University Press
ISBN: 1107025001
Category : Law
Languages : en
Pages : 457
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Book Description
This edited volume brings together well-established and emerging scholars of transitional justice to discuss the persistence of amnesty in the age of human rights accountability. The volume attempts to reframe debates, moving beyond the limited approaches of 'truth versus justice' or 'stability versus accountability' in which many of these issues have been cast in the existing scholarship. The theoretical and empirical contributions in this book offer new ways of understanding and tackling the enduring persistence of amnesty in the age of accountability. In addition to cross-national studies, the volume encompasses eleven country cases of amnesty for past human rights violations: Argentina, Brazil, Cambodia, El Salvador, Guatemala, Indonesia, Rwanda, South Africa, Spain, Uganda and Uruguay. The volume goes beyond merely describing these case studies, but also considers what we learn from them in terms of overcoming impunity and promoting accountability to contribute to improvements in human rights and democracy.
Author: Josepha Close
Publisher: Routledge
ISBN: 1351180215
Category : Law
Languages : en
Pages : 274
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Book Description
Amnesty, Serious Crimes and International Law examines the permissibility of amnesties for serious crimes in the contemporary international order. In the last few decades, there has been a growing tendency to consider that amnesties are prohibited in respect of certain grave crimes. However, the question remains controversial as there is no explicit treaty ban and general amnesties continue to be frequently issued in post-conflict and transitional contexts. The first part of the book explores the use of amnesties from antiquity to the present day. It reviews amnesty traditions in ancient societies and provides a global picture of modern amnesties. In parallel, it traces the development of the accountability paradigm underpinning the current prohibitive stance on amnesties. The second part assesses the position of modern international law on amnesties. It comprehensively analyses the main arguments supporting the existence of a general amnesty ban, including the duty to prosecute international crimes, the right to redress of victims of human rights violations, international standards and trends in state practice, and the mandate of international criminal courts. The book argues that, while international legal or policy requirements restrict the freedom of states to extend amnesty in respect of serious crimes, or the effectiveness of amnesty measures in preventing the prosecution of such crimes, these restrictions do not add up to an absolute and universal prohibition.
Author: Barbara Johnstone
Publisher: John Benjamins Publishing
ISBN: 9027206198
Category : Language Arts & Disciplines
Languages : en
Pages : 340
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Book Description
The eleven studies in this volume illustrate and advance the synthesis of discourse analysis with rhetorical studies. Rhetoric in Detail shows how a variety of techniques from discourse analysis can be useful in studying such concerns as agency, legitimation, controversy, and style, and how concepts from rhetoric including genre and figuration can enrich the work of discourse analysts. The authors' research sites range from government commissions, political speeches, newspaper reports and letters to interviews and conversations in beauty salons and online. Methodological overviews interspersed throughout survey critical discourse analysis, interactional sociolinguistics, grounded theory, computer-aided corpus analysis, narrative analysis, and participant observation and provide suggestions for further reading. Rhetoric in Detail is an invaluable source for rhetoricians looking for systematic, grounded ways of approaching new, more vernacular sites for rhetorical discourse and for discourse analysts interested in seeing what they can learn from the tradition and practice of rhetorical analysis.
Author: Yaniv Roznai
Publisher: Oxford University Press
ISBN: 0191081450
Category : Law
Languages : en
Pages : 368
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Book Description
Can constitutional amendments be unconstitutional? The problem of 'unconstitutional constitutional amendments' has become one of the most widely debated issues in comparative constitutional theory, constitutional design, and constitutional adjudication. This book describes and analyses the increasing tendency in global constitutionalism to substantively limit formal changes to constitutions. The challenges of constitutional unamendability to constitutional theory become even more complex when constitutional courts enforce such limitations through substantive judicial review of amendments, often resulting in the declaration that these constitutional amendments are 'unconstitutional'. Combining historical comparisons, constitutional theory, and a wide comparative study, Yaniv Roznai sets out to explain what the nature of amendment power is, what its limitations are, and what the role of constitutional courts is and should be when enforcing limitations on constitutional amendments.
Author: Frederick Luis Aldama
Publisher: Univ of TX + ORM
ISBN: 0292793979
Category : Literary Criticism
Languages : en
Pages : 620
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Book Description
Is there life after postmodernism? Many claim that it sounded the death knell for history, art, ideology, science, possibly all of Western philosophy, and certainly for the concept of reality itself. Responding to essential questions regarding whether the humanities can remain politically and academically relevant amid this twenty-first-century uncertainty, Why the Humanities Matter offers a guided tour of the modern condition, calling upon thinkers in a variety of disciplines to affirm essential concepts such as truth, goodness, and beauty. Offering a lens of “new humanism,” Frederick Aldama also provides a liberating examination of the current cultural repercussions of assertions by such revolutionary theorists as Said, Foucault, Lacan, and Derrida, as well as Latin Americanists such as Sommer and Mignolo. Emphasizing pedagogy and popular culture with equal verve, and writing in colloquial yet multifaceted prose, Aldama presents an enlightening way to explore what “culture” actually does—who generates it and how it shapes our identities—and the role of academia in sustaining it.
Author: Andrea Lollini
Publisher: Berghahn Books
ISBN: 1845457641
Category : History
Languages : en
Pages : 240
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Book Description
Over the last fifteen years, the South African postapartheid Transitional Amnesty Process – implemented by the Truth and Reconciliation Commission (TRC) – has been extensively analyzed by scholars and commentators from around the world and from almost every discipline of human sciences. Lawyers, historians, anthropologists and sociologists as well as political scientists have tried to understand, describe and comment on the ‘shocking’ South African political decision to give amnesty to all who fully disclosed their politically motivated crimes committed during the apartheid era. Investigating the postapartheid transition in South Africa from a multidisciplinary perspective involving constitutional law, criminal law, history and political science, this book explores the overlapping of the postapartheid constitution-making process and the Amnesty Process for political violence under apartheid and shows that both processes represent important innovations in terms of constitutional law and transitional justice systems. Both processes contain mechanisms that encourage the constitution of the unity of the political body while ensuring future solidity and stability. From this perspective, the book deals with the importance of several concepts such as truth about the past, publicly shared memory, unity of the political body and public confession.
Author: U. Ewald
Publisher: IOS Press
ISBN: 1607502143
Category : History
Languages : en
Pages : 308
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Book Description
This publication presents a subject that is, unfortunately, as significant today as it was two years ago. Sadly, this continuing relevance seems to confirm the views of the German radical pacifist Kurt Tucholsky, who stated in response to the atrocities and sufferings of WWI: “But men never ever learnt from history, and they will not do so in the future. Hic Rhodus!” Recent events in Iraq, the Middle East, East Timor or the Democratic Republic of Congo, and possible links regarding issues of terrorism, raise the question what criminological and victimological research offers in assisting to break vicious spirals of ignorance of gross human rights violations and the immense human sufferings in the context of armed conflicts and terrorism. The answer to this question still remains open. Yet, this publication confirms the substantial willingness to ‘learn’ from the past by critically reviewing large-scale victimisation arising out of protracted conflicts in order to better understanding the necessary prerequisites for enduring peace-making in post-conflict societies and to anticipate and suggest approaches to healing victimising effects.
