Restoration or retribution - South African and German experiences of dealing with the past

Restoration or retribution - South African and German experiences of dealing with the past
Author: Patrick Wagner
Publisher: GRIN Verlag
Total Pages: 52
Release: 2003-11-11
Genre: Political Science
ISBN: 3638231909

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.

Reconciliation After Violent Conflict

Reconciliation After Violent Conflict
Author: David Bloomfield
Publisher:
Total Pages: 188
Release: 2003
Genre: Political Science
ISBN:

How does a newly democratized nation constructively address the past to move from a divided history to a shared future? How do people rebuild coexistence after violence? The International IDEA Handbook on Reconciliation after Violent Conflict presents a range of tools that can be, and have been, employed in the design and implementation of reconciliation processes. Most of them draw on the experience of people grappling with the problems of past violence and injustice. There is no "right answer" to the challenge of reconciliation, and so the Handbook prescribes no single approach. Instead, it presents the options and methods, with their strengths and weaknesses evaluated, so that practitioners and policy-makers can adopt or adapt them, as best suits each specific context. Also available in a French language version.

Restorative Justice Theory and Practice

Restorative Justice Theory and Practice
Author: Theo Gavrielides
Publisher: Criminal Justice Press
Total Pages: 301
Release: 2007
Genre: Law
ISBN: 9789525333329

A study examines the harmful gap between the theory of restorative justice (RJ) and its application in programs in the U.S., Europe, and elsewhere. Data were obtained from four surveys of restorative justice practitioners, using a combination of qualitative methodologies, including questionnaire responses, interviews and focus groups.

Traditional Justice and Reconciliation After Violent Conflict

Traditional Justice and Reconciliation After Violent Conflict
Author: Lucien Huyse
Publisher: International IDEA
Total Pages: 0
Release: 2008
Genre: Burundi
ISBN: 9789185724284

This book presents the findings of a major comparative study examining the role played by traditional justice mechanisms in dealing with the legacy of violent conflict in Africa. It focuses on case studies of five countries -- Rwanda, Mozambique, Uganda, Sierra Leone and Burundi - that are used as the basis for outlining conclusions and options for future policy development in the related areas of post-conflict reconstruction, democracy building and development. "Traditional Justice & Reconciliation After Violent Conflict" suggests that in some circumstances traditional mechanisms can effectively complement conventional judicial systems and represent a real potential for promoting justice, reconciliation and a culture of democracy. At the same time it cautions against unrealistic expectations of traditional structures and offers a sober, evidence-based assessment of both the strengths and the weaknesses of traditional conflict management mechanisms within the broader framework of post-conflict social reconstruction efforts. The book is intended to serve both as a general knowledge resource and as a practitioner's guide for national bodies seeking to employ traditional justice mechanisms, as well as external agencies aiming to support such processes.

The Oxford Handbook of Crime and Criminal Justice

The Oxford Handbook of Crime and Criminal Justice
Author: Michael Tonry
Publisher: OUP USA
Total Pages: 991
Release: 2011-09-29
Genre: Law
ISBN: 0195395085

A comprehensive and accesible overview of the operation of the American criminal justice system. This handbook's extensive coverage of the criminal justice system in the U.S. makes it an important reference for students and scholars in criminal justice, law, and public policy.

Pieces of the Puzzle

Pieces of the Puzzle
Author: Charles Villa-Vicencio
Publisher: African Minds
Total Pages: 137
Release: 2004
Genre: Amnesty
ISBN: 0958479453

Reconciliation - Ubuntu - Peace processes - Reparation - Restorative justice - Amnesty - Memory - Testimony - Transitional justice - Genocide - The international criminal court - Truth commissions - Traditional and customary law - Human rights - Rights and reconciliation - Economic transformation - National truth commissions - Online resources on transitional.

Punishment and Social Structure

Punishment and Social Structure
Author: Otto Kirchheimer
Publisher: Routledge
Total Pages: 321
Release: 2017-09-29
Genre: Social Science
ISBN: 1351495402

Why are certain methods of punishment adopted or rejected in a given social situation? To what extent is the development of penal methods determined by basic social relations? The answers to these questions are complex, and go well beyond the thesis that institutionalized punishment is simply for the protection of society. While today's punishment of offenders often incorporates aspects of psychology, psychiatry, and sociology, at one time there was a more pronounced difference in criminal punishment based on class and economics. Punishment and Social Structure originated from an article written by Georg Rusche in 1933 entitled "Labor Market and Penal Sanction: Thoughts on the Sociology of Criminal Justice." Originally published in Germany by the Frankfurt Institute of Social Research, this article became the germ of a theory of criminology that laid the groundwork for all subsequent research in this area. Rusche and Kirchheimer look at crime from an historical perspective, and correlate methods of punishment with both temporal cultural values and economic conditions. The authors classify the history of crime into three primary eras: the early Middle Ages, in which penance and fines were the predominant modes of punishment; the later Middle Ages, in which harsh corporal punishment and capital punishment moved to the forefront; and the seventeenth century, in which the prison system was more fully developed. They also discuss more recent forms of penal practice, most notably under the constraints of a fascist state.The majority of the book was translated from German into English, and then reshaped by Rusche's co-author, Otto Kirchheimer, with whom Rusche actually had little discussion. While the main body of Punishment and Social Structure are Rusche's ideas, Kirchheimer was responsible for bringing the book more up-to-date to include the Nazi and fascist era. Punishment and Social Structure is a pioneering work that sets a paradigm for the study of crime and punishment.

Crime, Shame and Reintegration

Crime, Shame and Reintegration
Author: John Braithwaite
Publisher: Cambridge University Press
Total Pages: 242
Release: 1989-03-23
Genre: Biography & Autobiography
ISBN: 9780521356688

Crime, Shame and Reintegration is a contribution to general criminological theory. Its approach is as relevant to professional burglary as to episodic delinquency or white collar crime. Braithwaite argues that some societies have higher crime rates than others because of their different processes of shaming wrongdoing. Shaming can be counterproductive, making crime problems worse. But when shaming is done within a cultural context of respect for the offender, it can be an extraordinarily powerful, efficient and just form of social control. Braithwaite identifies the social conditions for such successful shaming. If his theory is right, radically different criminal justice policies are needed - a shift away from punitive social control toward greater emphasis on moralizing social control. This book will be of interest not only to criminologists and sociologists, but to those in law, public administration and politics who are concerned with social policy and social issues.

Between Vengeance and Forgiveness

Between Vengeance and Forgiveness
Author: Martha Minow
Publisher: Beacon Press
Total Pages: 236
Release: 2001-01-17
Genre: Political Science
ISBN: 080704508X

The rise of collective violence and genocide is the twentieth century's most terrible legacy. Martha Minow, a Harvard law professor and one of our most brilliant and humane legal minds, offers a landmark book on our attempts to heal after such large-scale tragedy. Writing with informed, searching prose of the extraordinary drama of the truth commissions in Argentina, East Germany, and most notably South Africa; war-crime prosecutions in Nuremberg and Bosnia; and reparations in America, Minow looks at the strategies and results of these riveting national experiments in justice and healing.

Truth and Reconciliation in South Africa

Truth and Reconciliation in South Africa
Author: Erik Doxtader
Publisher:
Total Pages: 500
Release: 2007
Genre: Amnesty
ISBN:

What are the political roots of South Africa's truth and reconciliation commission (TRC)? By what means did the Commission endeavor to understand South Africa's violent past and promote a spirit of national unity?