Amnesty, Human Rights and Political Transitions

Amnesty, Human Rights and Political Transitions
Author: Louise Mallinder
Publisher: Bloomsbury Publishing
Total Pages: 632
Release: 2008-09-10
Genre: Political Science
ISBN: 1847314570

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."

Necessary Evils

Necessary Evils
Author: Mark Freeman
Publisher: Cambridge University Press
Total Pages: 375
Release: 2009-11-30
Genre: Law
ISBN: 1139485601

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.

Comparing Transitions to Democracy. Law and Justice in South America and Europe

Comparing Transitions to Democracy. Law and Justice in South America and Europe
Author: Cristiano Paixão
Publisher: Springer Nature
Total Pages: 323
Release: 2021-10-01
Genre: Law
ISBN: 3030675025

This present book examines some of the key features of the interplay between legal history, authoritarian rule and political transitions in Brazil and other countries from the end of 20th Century until today. This book casts light on these aspects of the role of law and legal actors/institutions. In the context of transition from authoritarian rule to democratic state, Brazil has produced a significant literature on the challenges and shortcomings of the transition, but little attention has been given to the role of law and legal actors/institutions. Different approaches focus on the legal mechanisms, discourses and practices used by the military regime and by the players involved in the political transition process in Brazil. A comparative perspective that takes into account different political transitions – and their legal consequences – in Europe and Latin America complements the analysis. Part 1 (4 essays) discusses some of the central issues of political transition and legal history in contemporary Brazil, focusing on the time of the transition (and its effects on transitional justice) with different perspectives, from racial and gender issues to constitutional reform and police repression. Part 2 (3 essays) brings the comparative studies on South American experiences. Part 3 (4 essays) analyses different cases of transition to democracy in Chile, Portugal, Spain and Italy. Part 4 (3 essays) proposes a historiographical and methodological approach, considering the politics of time involved in the interplay between political transitions and legal history.

Amnesty in the Age of Human Rights Accountability

Amnesty in the Age of Human Rights Accountability
Author: Francesca Lessa
Publisher: Cambridge University Press
Total Pages: 457
Release: 2012-05-28
Genre: Political Science
ISBN: 110738009X

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.

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

The Inter-American Human Rights System as a Safeguard for Justice in National Transitions
Author: Annelen Micus
Publisher: BRILL
Total Pages: 460
Release: 2015-08-11
Genre: Law
ISBN: 9004289739

In The Inter-American Human Rights System as a Safeguard for Justice in National Transitions, Annelen Micus analyzes the importance of the Inter-American Human Rights System for transitional justice processes in Latin America, with a focus on Argentina, Chile and Peru. She examines which factors influence a country’s approach in confronting its past and addressing impunity. The emphasis is placed on the way countries may overcome amnesty laws with the support of international law in order to hold perpetrators of grave human rights violations to account. The book’s main focus is on the Inter-American Court of Human Rights, and the impact of its jurisprudence on legal proceedings and political decisions within the national transitional justice processes in the three countries.

Human Rights in Political Transitions

Human Rights in Political Transitions
Author: Carla Alison Hesse
Publisher:
Total Pages: 362
Release: 1999
Genre: Political Science
ISBN:

Re-inventing the spy story for the 21st Century.John Le Carre meets Jason Bourne!Daniel Marchant, a suspended MI6 officer, is running the London Marathon. He is also running out of time. A competitor is strapped with explosives. If he drops his pace, everyone around him will be killed, including the US ambassador to London. Marchant tries to thwart the attack, but is he secretly working for the terrorists?There are those in America who already suspect Marchant of treachery. Just like they suspected his late father, the former head of MI6, who was removed from his job by the CIA. Marchant is treated like an enemy combatant - rendition, waterboarding - but he has friends who are disillusioned with America's war on terror. Friends like Leila, his beautiful MI6 colleague and lover, and Sir Marcus Fielding, the new Chief who resents the White House's growing influence in Whitehall.On the run from the CIA, Marchant is determined to prove his father's innocence in a personal journey that takes him from Wiltshire, via Poland, to India. It was here that the former MI6 chief once met with one of the world's most wanted terrorists, and where the new President of America is shortly to visit. But was that meeting proof of a mole within MI6 or the best penetration of Al Qu'aeda the West has ever had? And was Marchant's father the keeper of another, darker secret?In a compelling thriller that updates the spy novel for the 21st century – think John Le Carre meets Jason Bourne - Marchant discovers the shocking realities of personal betrayal and national loyalty, and that love can be the biggest risk of all.

Amnesty International

Amnesty International
Author: J. Power
Publisher: Elsevier
Total Pages: 129
Release: 2013-10-22
Genre: Political Science
ISBN: 1483286010

Traces the history of Amnesty International from its beginnings in 1961, describing the difficulties and disappointments, how the organization works, and its special campaigns. Includes case studies focusing on the Soviet Union, China, Africa, Brazil and South America and first hand information on current activities in Guatemala, El Salvador and Nicaragua. The book is illustrated by photographs from Amnesty's archives

Studying Human Rights

Studying Human Rights
Author: Todd Landman
Publisher: Psychology Press
Total Pages: 198
Release: 2006
Genre: Philosophy
ISBN: 9780415326056

Draws on theories and methods from the social sciences to develop a framework for the systematic study of human rights problems. This book includes: an outline of the scope of human rights; the factors that have an impact on human rights; and a summary of the social science theories. It is useful for scholars and practitioners of this area.

Amnesties, Accountability, and Human Rights

Amnesties, Accountability, and Human Rights
Author: Renée Jeffery
Publisher: University of Pennsylvania Press
Total Pages: 313
Release: 2014-06-13
Genre: Political Science
ISBN: 0812209419

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.

Truth Commissions and Transitional Societies

Truth Commissions and Transitional Societies
Author: Eric Wiebelhaus-Brahm
Publisher: Routledge
Total Pages: 240
Release: 2010-01-05
Genre: Law
ISBN: 1135189722

This book uses a multi-method approach to examine the impact of truth commissions on subsequent human rights protection and democratic practice and features cross-national case studies on South Africa, El Salvador, Chile and Uganda.