Transitional Justice And Amnesty For Political Offences In South Africa
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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.
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 Drawing on interviews with key protagonists and largely unpublished documents, the volume analyses trials and the political background.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.
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.
Author | : Asst Prof Megan Shore |
Publisher | : Ashgate Publishing, Ltd. |
Total Pages | : 238 |
Release | : 2013-05-28 |
Genre | : Religion |
ISBN | : 1409478319 |
This book examines the ambiguous role that Christianity played in South Africa's Truth and Reconciliation Commission (TRC). It has two objectives: to analyse the role Christianity played in the TRC and to highlight certain consequences that may be instructive to future international conflict resolution processes. Religion and conflict resolution is an area of significant importance. Ongoing conflicts involving Palestinians and Israelis, Muslims and Hindus, and even radical Islamic jihadists and Western countries have heightened the awareness of the potential power of religion to fuel conflict. Yet these religious traditions also promote peace and respect for others as key components in doing justice. Examining the potential role religion can play in generating peace and justice, specifically Christianity in South Africa's TRC, is of utmost importance as religiously inspired violence continues to occur. This book highlights the importance of accounting for religion in international conflict resolution.
Author | : Antje Du Bois-Pedain |
Publisher | : |
Total Pages | : 391 |
Release | : 2007 |
Genre | : Amnesty |
ISBN | : 9781107183384 |
A comprehensive study of South Africa's amnesty process to date.
Author | : African Union Panel of the Wise |
Publisher | : |
Total Pages | : 0 |
Release | : 2022 |
Genre | : |
ISBN | : |
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.
Author | : Karen Engle |
Publisher | : Cambridge University Press |
Total Pages | : 401 |
Release | : 2016-12-15 |
Genre | : Law |
ISBN | : 110707987X |
This volume presents and critiques the distorted effects of the international human rights movement's focus on the fight against impunity.
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
Author | : James Meernik |
Publisher | : Cambridge University Press |
Total Pages | : 447 |
Release | : 2019-07-25 |
Genre | : Law |
ISBN | : 1108585671 |
For decades a bitter civil war between the Colombia government and armed insurgent groups tore apart Colombian society. After protracted negotiations in Havana, a peace agreement was accepted by the Colombian government and the FARC rebel group in 2016. This volume will provide academics and practitioners throughout the world with critical analyses regarding what we know generally about the post-war peace building process and how this can be applied to the specifics of the Colombian case to assist in the design and implementation of post-war peace building programs and policies. This unique group of Colombian and international scholars comment on critical aspects of the peace process in Colombia, transitional justice mechanisms, the role of state and non-state actors at the national and local levels, and examine what the Colombian case reveals about traditional theories and approaches to peace and transitional justice.