Amnesties Pardons And Transitional Justice

Download Amnesties Pardons And Transitional Justice full books in PDF, epub, and Kindle. Read online Amnesties Pardons And Transitional Justice ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!

Amnesties, Pardons and Transitional Justice

Author : Roldan Jimeno
Publisher : Routledge
ISBN 13 : 1351608614
Total Pages : 248 pages
Book Rating : 4.3/5 (516 download)

DOWNLOAD NOW!

Book Synopsis Amnesties, Pardons and Transitional Justice by : Roldan Jimeno

Download or read book Amnesties, Pardons and Transitional Justice written by Roldan Jimeno and published by Routledge. This book was released on 2017-09-07 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a consolidated democracy, amnesties and pardons do not sit well with equality and a separation of powers; however, these measures have proved useful in extreme circumstances, such as transitions from dictatorships to democracies, as has occurred in Greece, Portugal and Spain. Focusing on Spain, this book analyses the country's transition, from the antecedents from 1936 up to the present, within a comparative European context. The amnesties granted in Greece, Portugal and Spain saw the release of political prisoners, but in Spain amnesty was also granted to those responsible for the grave violations of human rights which had been committed for 40 years. The first two decades of the democracy saw copious normative measures that sought to equate the rights of all those who had benefitted from the amnesty and who had suffered or had been damaged by the civil war. But, beyond the material benefits that accompanied it, this amnesty led to a sort of wilful amnesia which forbade questioning the legacy of Francoism. In this respect, Spain offers a useful lesson insofar as support for a blanket amnesty – rather than the use of other solutions within a transitional justice framework, such as purges, mechanisms to bring the dictatorship to trial for crimes against humanity, or truth commissions – can be traced to a relative weakness of democracy, and a society characterised by the fear of a return to political violence. This lesson, moreover, is framed here against the background of the evolution of amnesties throughout the twentieth century, and in the context of international law. Crucially, then, this analysis of what is now a global reference point for comparative studies of amnesties, provides new insights into the complex relationship between democracy and the varying mechanisms of transitional justice.

Amnesties, Pardons and Transitional Justice

Author : Roldan Jimeno
Publisher : Routledge
ISBN 13 : 9781315107950
Total Pages : 247 pages
Book Rating : 4.1/5 (79 download)

DOWNLOAD NOW!

Book Synopsis Amnesties, Pardons and Transitional Justice by : Roldan Jimeno

Download or read book Amnesties, Pardons and Transitional Justice written by Roldan Jimeno and published by Routledge. This book was released on 2017 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In a consolidated democracy, amnesties and pardons do not sit well with equality and a separation of powers; however, these measures have proved useful in extreme circumstances, such as transitions from dictatorships to democracies, as has occurred in Greece, Portugal and Spain. Focusing on Spain, this book analyses its transition, from 1936 up to the present, within a comparative European context. The amnesties granted in Greece, Portugal and Spain saw the release of political prisoners, but in Spain amnesty was also granted to those responsible for the grave violations of human rights which had been committed for 40 years. The first two decades of the democracy saw copious normative measures that sought to equate the rights of all those who had benefitted from the amnesty and who had suffered or had been damaged by the civil war. But, beyond the material benefits that accompanied it, this amnesty led to a sort of wilful amnesia which forbade questioning the legacy of Francoism. In this respect, Spain offers a useful lesson insofar as support for a blanket amnesty - rather than the use of other solutions within a transitional justice framework, such as purges, mechanisms to bring the dictatorship to trial for crimes against humanity, or truth commissions - can be traced to a relative weakness of democracy, and a society characterised by the fear of a return to political violence. This lesson, moreover, is framed here against the background of the evolution of amnesties throughout the twentieth century, and in the context of international law. Crucially, then, this analysis of what is now a global reference point for comparative studies of amnesties, provides new insights into the complex relationship between democracy and the varying mechanisms of transitional justice."--Provided by publisher.

Necessary Evils

Author : Mark Freeman
Publisher : Cambridge University Press
ISBN 13 : 1139485601
Total Pages : pages
Book Rating : 4.1/5 (394 download)

DOWNLOAD NOW!

Book Synopsis Necessary Evils by : Mark Freeman

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 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.

Amnesties, Accountability, and Human Rights

Author : Renee Jeffery
Publisher : University of Pennsylvania Press
ISBN 13 : 081224589X
Total Pages : 312 pages
Book Rating : 4.8/5 (122 download)

DOWNLOAD NOW!

Book Synopsis Amnesties, Accountability, and Human Rights by : Renee Jeffery

Download or read book Amnesties, Accountability, and Human Rights written by Renee Jeffery and published by University of Pennsylvania Press. This book was released on 2014-05-26 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Amnesty, Human Rights and Political Transitions

Author : Louise Mallinder
Publisher : Bloomsbury Publishing
ISBN 13 : 1847314570
Total Pages : 598 pages
Book Rating : 4.8/5 (473 download)

DOWNLOAD NOW!

Book Synopsis Amnesty, Human Rights and Political Transitions by : Louise Mallinder

Download or read book Amnesty, Human Rights and Political Transitions written by Louise Mallinder and published by Bloomsbury Publishing. This book was released on 2008-09-10 with total page 598 pages. Available in PDF, EPUB and Kindle. Book excerpt: Amnesty laws are political tools used since ancient times by states wishing to quell dissent, introduce reforms, or achieve peaceful relationships with their enemies. In recent years, they have become contentious due to a perception that they violate international law, particularly the rights of victims, and contribute to further violence. This view is disputed by political negotiators who often argue that amnesty is a necessary price to pay in order to achieve a stable, peaceful, and equitable system of government. This book aims to investigate whether an amnesty necessarily entails a violation of a state's international obligations, or whether an amnesty, accompanied by alternative justice mechanisms, can in fact contribute positively to both peace and justice. This study began by constructing an extensive Amnesty Law Database that contains information on 506 amnesty processes in 130 countries introduced since the Second World War. The database and chapter structure were designed to correspond with the key aspects of an amnesty: why it was introduced, who benefited from its protection, which crimes it covered, and whether it was conditional. In assessing conditional amnesties, related transitional justice processes such as selective prosecutions, truth commissions, community-based justice mechanisms, lustration, and reparations programmes were considered. Subsequently, the jurisprudence relating to amnesty from national courts, international tribunals, and courts in third states was addressed. The information gathered revealed considerable disparity in state practice relating to amnesties, with some aiming to provide victims with a remedy, and others seeking to create complete impunity for perpetrators. To date, few legal trends relating to amnesty laws are emerging, although it appears that amnesties offering blanket, unconditional immunity for state agents have declined. Overall, amnesties have increased in popularity since the 1990s and consequently, rather than trying to dissuade states from using this tool of transitional justice, this book argues that international actors should instead work to limit the more negative forms of amnesty by encouraging states to make them conditional and to introduce complementary programmes to repair the harm and prevent a repetition of the crimes. David Dyzenhaus "This is one of the best accounts in the truth and reconciliation literature I've read and certainly the best piece of work on amnesty I've seen." Diane Orentlicher "Ms Mallinder's ambitious project provides the kind of empirical treatment that those of us who have worked on the issue of amnesties in international law have long awaited. I have no doubt that her book will be a much-valued and widely-cited resource."

Amnesty, Serious Crimes and International Law

Author : Josepha Close
Publisher : Routledge
ISBN 13 : 1351180215
Total Pages : 293 pages
Book Rating : 4.3/5 (511 download)

DOWNLOAD NOW!

Book Synopsis Amnesty, Serious Crimes and International Law by : Josepha Close

Download or read book Amnesty, Serious Crimes and International Law written by Josepha Close and published by Routledge. This book was released on 2019-05-16 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Amnesty in the Age of Human Rights Accountability

Author : Francesca Lessa
Publisher : Cambridge University Press
ISBN 13 : 110738009X
Total Pages : 457 pages
Book Rating : 4.1/5 (73 download)

DOWNLOAD NOW!

Book Synopsis Amnesty in the Age of Human Rights Accountability by : Francesca Lessa

Download or read book Amnesty in the Age of Human Rights Accountability written by Francesca Lessa and published by Cambridge University Press. This book was released on 2012-05-28 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Justice in Transition - Prosecution and Amnesty in Germany and South Africa

Author : Gerhard Werle
Publisher : BWV Verlag
ISBN 13 : 383051154X
Total Pages : 283 pages
Book Rating : 4.8/5 (35 download)

DOWNLOAD NOW!

Book Synopsis Justice in Transition - Prosecution and Amnesty in Germany and South Africa by : Gerhard Werle

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.

Confronting past human rights violations

Author : Chandra Lekha Sriram
Publisher :
ISBN 13 : 9780714655994
Total Pages : 229 pages
Book Rating : 4.6/5 (559 download)

DOWNLOAD NOW!

Book Synopsis Confronting past human rights violations by : Chandra Lekha Sriram

Download or read book Confronting past human rights violations written by Chandra Lekha Sriram and published by . This book was released on 2004 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Transitional Justice and a State’s Response to Mass Atrocity

Author : Jacopo Roberti di Sarsina
Publisher : Springer
ISBN 13 : 9462652767
Total Pages : 283 pages
Book Rating : 4.4/5 (626 download)

DOWNLOAD NOW!

Book Synopsis Transitional Justice and a State’s Response to Mass Atrocity by : Jacopo Roberti di Sarsina

Download or read book Transitional Justice and a State’s Response to Mass Atrocity written by Jacopo Roberti di Sarsina and published by Springer. This book was released on 2019-03-26 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings a new focus to the ongoing debate on holding perpetrators of massive humanitarian and human rights violations accountable in countries in transition. It provides a clear-cut and comprehensive legal analysis of the content and nature of a state's obligations to investigate and prosecute as enshrined in the most important humanitarian and human rights treaties; it disentangles the common fallacy that these procedural obligations are naturally rooted and clearly spelled out in the general human rights treaties; and it explains the flaws in an absolutist interpretation. This analysis serves to understand whether such procedural obligations, if narrowly construed, act as impediments to countries emerging from periods of conflict or systematic repression in the face of contingent circumstances and the formidable dilemmas raised by a univocal understanding of justice as retribution. Exploring the latest instances of interpretation and application via an analysis of state practice, the jurisprudence of treaty bodies, international courts and tribunals, soft law instruments, and doctrinal contributions, the book also addresses the complex issue of amnesty, and other transitional justice mechanisms designed to restore peace and facilitate transition traditionally included in national reconciliation programs, and criticizes the contention that amnesty is always prohibited by international law. It also considers these problems from the viewpoint of the International Criminal Court, focusing on the cases of Uganda and Colombia after the 2016 peace agreement. Lastly, the volume offers a detailed analysis of techniques that may neutralize relevant obligations under international law, such as denunciation, derogation, limitation, and the public international law defenses of force majeure and necessity. Drawing attention to the importance of a multidisciplinary and practical approach to these unsettling questions, and endorsing a pluralistic notion of accountability, the book will appeal to legal scholars and transitional justice experts as well as practitioners, human rights advocates, and government officials. Dr Jacopo Roberti di Sarsina is an International Law Expert at the Alma Mater Studiorum - University of Bologna School of Law, and a dual-qualified lawyer (Italy and New York). He completed a PhD in public international law, label Doctor Europaeus, at the School of International Studies, University of Trento, holds an LLM from NYU School of Law, and read law at the University of Bologna.

Confronting Past Human Rights Violations

Author : Chandra Lekha Sriram
Publisher : Routledge
ISBN 13 : 113576820X
Total Pages : 253 pages
Book Rating : 4.1/5 (357 download)

DOWNLOAD NOW!

Book Synopsis Confronting Past Human Rights Violations by : Chandra Lekha Sriram

Download or read book Confronting Past Human Rights Violations written by Chandra Lekha Sriram and published by Routledge. This book was released on 2004-08-12 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines what makes accountability for previous violations more or less possible for transitional regimes to achieve. It closely examines the other vital goals of such regimes against which accountability is often balanced. The options available are not simply prosecution or pardon, as the most heated polemics of the debate over transitional justice suggest, but a range of options from complete amnesty through truth commissions and lustration or purification to prosecutions. The question, then, is not whether or not accountability can be achieved, but what degree of accountability can be achieved by a given country. The focus of the book is on the politics of transition: what makes accountability more or less feasible and what strategies are deployed by regimes to achieve greater accountability (or alternatively, greater reform). The result is a more nuanced understanding of the different conditions and possibilities that countries face, and the lesson that there is no one-size-fits-all prescription that can be handed to transitional regimes.

Transitional Justice in Latin America

Author : Elin Skaar
Publisher : Routledge
ISBN 13 : 1317526201
Total Pages : 318 pages
Book Rating : 4.3/5 (175 download)

DOWNLOAD NOW!

Book Synopsis Transitional Justice in Latin America by : Elin Skaar

Download or read book Transitional Justice in Latin America written by Elin Skaar and published by Routledge. This book was released on 2016-10-27 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses current developments in transitional justice in Latin America – effectively the first region to undergo concentrated transitional justice experiences in modern times. Using a comparative approach, it examines trajectories in truth, justice, reparations, and amnesties in countries emerging from periods of massive violations of human rights and humanitarian law. The book examines the cases of Argentina, Brazil, Chile, Colombia, Guatemala, El Salvador, Paraguay, Peru and Uruguay, developing and applying a common analytical framework to provide a systematic, qualitative and comparative analysis of their transitional justice experiences. More specifically, the book investigates to what extent there has been a shift from impunity towards accountability for past human rights violations in Latin America. Using ‘thick’, but structured, narratives – which allow patterns to emerge, rather than being imposed – the book assesses how the quality, timing and sequencing of transitional justice mechanisms, along with the context in which they appear, have mattered for the nature and impact of transitional justice processes in the region. Offering a new approach to assessing transitional justice, and challenging many assumptions in the established literature, this book will be of enormous benefit to scholars and others working in this area.

Transitional Justice

Author : Hakeem O. Yusuf
Publisher : Routledge
ISBN 13 : 1317642546
Total Pages : 235 pages
Book Rating : 4.3/5 (176 download)

DOWNLOAD NOW!

Book Synopsis Transitional Justice by : Hakeem O. Yusuf

Download or read book Transitional Justice written by Hakeem O. Yusuf and published by Routledge. This book was released on 2021-09-06 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transitional justice is the way societies that have experienced civil conflict or authoritarian rule and widespread violations of human rights deal with the experience. With its roots in law, transitional justice as an area of study crosses various fields in the social sciences. This book is written with this multi- and inter-disciplinary dynamic of the field in mind. The book presents the broad scope of transitional justice studies through a focus on the theory, mechanisms and debates in the area, covering such topics as: The origin, context and development of transitional justice Victims, victimology and transitional justice Prosecutions for abuses and gross violations of human rights Truth commissions Transitional justice and local justice Gender, political economy and transitional justice Apology, reconciliation and the politics of memory Offering a discussion of the impact and outcomes of transitional justice, this approach provides valuable insight for those who seek both an introduction alongside relatively advanced engagement with the subject. Transitional Justice: Theories, Mechanisms and Debates is an important text for postgraduate and advanced undergraduate students who take courses in transitional justice, human rights and criminal law, as well as a systematic reference text for researchers.

The Inter-American Human Rights System As a Safeguard for Justice in National Transitions

Author : Annelen Micus
Publisher : Martinus Nijhoff Publishing
ISBN 13 : 9789004289727
Total Pages : 448 pages
Book Rating : 4.2/5 (897 download)

DOWNLOAD NOW!

Book Synopsis The Inter-American Human Rights System As a Safeguard for Justice in National Transitions by : Annelen Micus

Download or read book The Inter-American Human Rights System As a Safeguard for Justice in National Transitions written by Annelen Micus and published by Martinus Nijhoff Publishing. This book was released on 2015-08-20 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 'The Inter-American Human Rights System as a Safeguard for Justice in National Transitions', Annelen Micus analyses the impact of the Inter-American Human Rights System on transitional justice processes in Latin America, with a focus on Argentina, Chile and Peru.

An Introduction to Transitional Justice

Author : Olivera Simić
Publisher : Routledge
ISBN 13 : 1317373774
Total Pages : 416 pages
Book Rating : 4.3/5 (173 download)

DOWNLOAD NOW!

Book Synopsis An Introduction to Transitional Justice by : Olivera Simić

Download or read book An Introduction to Transitional Justice written by Olivera Simić and published by Routledge. This book was released on 2016-11-25 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: An Introduction to Transitional Justice provides the first 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.

Theaters of Pardoning

Author : Bernadette Meyler
Publisher : Cornell University Press
ISBN 13 : 1501739395
Total Pages : 323 pages
Book Rating : 4.5/5 (17 download)

DOWNLOAD NOW!

Book Synopsis Theaters of Pardoning by : Bernadette Meyler

Download or read book Theaters of Pardoning written by Bernadette Meyler and published by Cornell University Press. This book was released on 2019-09-15 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Gerald Ford's preemptive pardon of Richard Nixon and Donald Trump's claims that as president he could pardon himself to the posthumous royal pardon of Alan Turing, the power of the pardon has a powerful hold on the political and cultural imagination. In Theaters of Pardoning, Bernadette Meyler traces the roots of contemporary understandings of pardoning to tragicomic "theaters of pardoning" in the drama and politics of seventeenth-century England. Shifts in how pardoning was represented on the stage and discussed in political tracts and in Parliament reflected the transition from a more monarchical and judgment-focused form of the concept to an increasingly parliamentary and legislative vision of sovereignty. Meyler shows that on the English stage, individual pardons of revenge subtly transformed into more sweeping pardons of revolution, from Shakespeare's Measure for Measure, where a series of final pardons interrupts what might otherwise have been a cycle of revenge, to later works like John Ford's The Laws of Candy and Philip Massinger's The Bondman, in which the exercise of mercy prevents the overturn of the state itself. In the political arena, the pardon as a right of kingship evolved into a legal concept, culminating in the idea of a general amnesty, the "Act of Oblivion," for actions taken during the English Civil War. Reconceiving pardoning as law-giving effectively displaced sovereignty from king to legislature, a shift that continues to attract suspicion about the exercise of pardoning. Only by breaking the connection between pardoning and sovereignty that was cemented in seventeenth-century England, Meyler concludes, can we reinvigorate the pardon as a democratic practice.

Humanitarianism: Keywords

Author :
Publisher : BRILL
ISBN 13 : 9004431144
Total Pages : 262 pages
Book Rating : 4.0/5 (44 download)

DOWNLOAD NOW!

Book Synopsis Humanitarianism: Keywords by :

Download or read book Humanitarianism: Keywords written by and published by BRILL. This book was released on 2020-09-07 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Humanitarianism: Keywords is a comprehensive dictionary designed as a compass for navigating the conceptual universe of humanitarianism. It is an intuitive toolkit to map contemporary humanitarianism and to explore its current and future articulations. The dictionary serves a broad readership of practitioners, students, and researchers by providing informed access to the extensive humanitarian vocabulary.