Constitutionalism and Transitional Justice in South Africa

Constitutionalism and Transitional Justice in South Africa
Author: Andrea Lollini
Publisher: Berghahn Books
Total Pages: 240
Release: 2011
Genre: History
ISBN: 1845457641

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.

Performing South Africa's Truth Commission

Performing South Africa's Truth Commission
Author: Catherine M. Cole
Publisher: Indiana University Press
Total Pages: 265
Release: 2010
Genre: Apartheid
ISBN: 0253353904

South Africa's Truth and Reconciliation Commissions helped to end apartheid by providing a forum that exposed the nation's gross human rights abuses, provided amnesty and reparations to selected individuals, and eventually promoted national unity and healing. The success or failure of these commissions has been widely debated, but this is the first book to view the truth commission as public ritual and national theater. Catherine M. Cole brings an ethnographer's ear, a stage director's eye, and a historian's judgment to understand the vocabulary and practices of theater that mattered to the South Africans who participated in the reconciliation process. Cole looks closely at the record of the commissions, and sees their tortured expressiveness as a medium for performing evidence and truth to legitimize a new South Africa.

Post-TRC Prosecutions in South Africa

Post-TRC Prosecutions in South Africa
Author: Ole Bubenzer
Publisher: BRILL
Total Pages: 272
Release: 2009-10-31
Genre: Law
ISBN: 9047430476

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.

Gender in Transitional Justice

Gender in Transitional Justice
Author: S. Buckley-Zistel
Publisher: Springer
Total Pages: 299
Release: 2011-11-30
Genre: Political Science
ISBN: 0230348610

Based on original empirical research, this book explores retributive and gender justice, the potentials and limits of agency, and the correlation of transitional justice and social change through case studies of current dynamics in post-violence countries such Rwanda, South Africa, Cambodia, East Timor, Columbia, Chile and Germany.

Transitional Justice

Transitional Justice
Author: Hakeem O. Yusuf
Publisher: Routledge
Total Pages: 235
Release: 2021-09-06
Genre: Law
ISBN: 1317642546

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 Provocations of Amnesty

The Provocations of Amnesty
Author: Erik Doxtader
Publisher: New Africa Books
Total Pages: 356
Release: 2003
Genre: Amnesty
ISBN: 9780864866158

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

Political Forgiveness

Political Forgiveness
Author: Russell Daye
Publisher: Wipf and Stock Publishers
Total Pages: 225
Release: 2011-12-15
Genre: Religion
ISBN: 1610976991

A timely look at how to combine reconciliation and justice in society after civil and political conflict.

Walk with Us and Listen

Walk with Us and Listen
Author: Charles Villa-Vicencio
Publisher: Georgetown University Press
Total Pages: 243
Release: 2009-09-30
Genre: Political Science
ISBN: 1589018834

Effective peace agreements are rarely accomplished by idealists. The process of moving from situations of entrenched oppression, armed conflict, open warfare, and mass atrocities toward peace and reconciliation requires a series of small steps and compromises to open the way for the kind of dialogue and negotiation that make political stability, the beginning of democracy, and the rule of law a possibility. For over forty years, Charles Villa-Vicencio has been on the front lines of Africa's battle for racial equality. In Walk with Us and Listen, he argues that reconciliation needs honest talk to promote trust building and enable former enemies and adversaries to explore joint solutions to the cause of their conflicts. He offers a critical assessment of the South African experiment in transitional justice as captured in the Truth and Reconciliation Commission and considers the influence of ubuntu, in which individuals are defined by their relationships, and other traditional African models of reconciliation. Political reconciliation is offered as a cautious model against which transitional politics needs to be measured. Villa-Vicencio challenges those who stress the obligation to prosecute those allegedly guilty of gross violation of human rights, replacing this call with the need for more complementarity between the International Criminal Court and African mechanisms to achieve the greater goals of justice and peace building.