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Author: Ole Bubenzer Publisher: BRILL ISBN: 9047430476 Category : Law Languages : en Pages : 272
Book Description
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 Drawing on interviews with key protagonists and largely unpublished documents, the volume analyses trials and the political background.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: Ole Bubenzer Publisher: BRILL ISBN: 9047430476 Category : Law Languages : en Pages : 272
Book Description
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 Drawing on interviews with key protagonists and largely unpublished documents, the volume analyses trials and the political background.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: Mia Swart Publisher: BRILL ISBN: 9004339566 Category : Law Languages : en Pages : 324
Book Description
The South African Truth and Reconciliation Commission was a noble attempt to begin to address the continuing traumatic legacy of Apartheid. This interdisciplinary collection critiques the work of the TRC 20 years since its establishment. Taking the paralysing political and social crises of the mid-1990s in South Africa as starting point, the book contains a collection of responses to the TRC that considers the notions of crisis, judgment and social justice. It asks whether the current political and social crises in South Africa are linked to the country’s post-apartheid transitional mechanisms, specifically, the TRC. The fact that the material conditions of the lives of many Apartheid victims have not improved, forms a major theme of the book. Collectively, the book considers the ‘unfinished business’ of the TRC.
Author: Paul Gready Publisher: Routledge ISBN: 1136902198 Category : Law Languages : en Pages : 607
Book Description
The Era of Transitional Justice explores a broad set of issues raised by political transition and transitional justice through the prism of the South African TRC. South Africa constitutes a powerful case study of the enduring structural legacies of a troubled past, and of both the potential and limitations of transitional justice and human rights as agents of transformation in the contemporary era. South Africa‘s story has wider relevance because it helped to launch constitutional human rights and transitional justice as global discourses; as such, its own legacy is to some extent writ large in post-authoritarian and post-conflict contexts across the world. Based on a decade of research, and in an analysis that is both comparative and interdisciplinary, Paul Gready maintains that transitional justice needs to do more to address structural violence and in particular poverty, inequality and social and criminal violence as these have emerged as stubborn legacies from an oppressive or war-torn past in many parts of the world. Organised around four central themes new keyword conceptualisation (truth, justice, reconciliation); re-imagining human rights; engaging with the past and present; remaking the public sphere it is an argument that will be of considerable relevance to those interested in the law and politics of transitional societies.
Author: Wilmot Godfrey James Publisher: David Philip Publishers ISBN: Category : Political Science Languages : en Pages : 264
Book Description
An important symposium on the process and legacy of the TRC that looks at historical and comparative, local and international perspectives, as well as unfinished business and building the assets of the nation. Has South Africa dealt effectively with the past, and is the country ready to face the future? What are the challenges facing both government and civil society in the years ahead? These and other questions are explored in this collection of essays by international and local commentators on the Truth and Reconciliation Commission. A range of perspectives on whether the TRC met its objectives of truth and reconciliation is presented. The areas of particular contention - the payment of reparation, the granting of amnesty, and memorialisation - are also examined. Finally, the major challenges facing South Africa are identified, and ways of meeting these challenges and developing the assets of the nation are explored.
Author: Charles Villa-Vincencio Publisher: Zed Books ISBN: 9781856498203 Category : History Languages : en Pages : 0
Book Description
Born with an historic compromise that few predicted, the TRC has evoked emotions ranging from anger and confusion to sympathy and remorse. It has rarely generated indifference. This collection of essays constitutes a tour de force, capturing the essence of the TRC debate, while posing a set of questions with which this country is likely to wrestle for some time to come. Indeed, it is intended to provoke debate rather than provide simply answers to complex questions. This makes it a useful book for teaching purposes as well as for others interested in transitional politics. A number of different voices are heard, all seeking to provoke practical ways forward for a nation that in the early 1990's was teetering on the brink of collapse. The pertinent question posed by the book is: "Where does South Africa go in the post TRC period?" Equally important is the question: "Does the TRC model provide a viable alternative to prosecution for other countries in transition from oppressive rule to a society committed to human rights and the rule of law?"
Author: Tyler R. Giannini Publisher: Human Rights Program, Harvard Law School ISBN: Category : History Languages : en Pages : 178
Book Description
This book presents diverse perspectives on prosecutions in South Africa, including a foreword by playwright and actor John Kani. Throughout, it highlights such important themes related to any post-conflict prosecution as rule-of-law concerns, questions of evenhandedness and moral relativism, and the limits of a court-centered approach to justice.
Author: Dorothy C. Shea Publisher: US Institute of Peace Press ISBN: Category : South Africa Languages : en Pages : 136
Book Description
In the latter half of the 1990s, South Africa's Truth and Reconciliation Commission (TRC) offered the country the chance to build a better future by facing up to its past. Amid saturation media coverage, victims of human rights abuses told their harrowing stories and perpetrators confessed to horrendous acts. Meanwhile, the commissioners grappled with decisions that would not only apportion responsibility and grant or deny amnesty but also have a profound political and social impact. To this highly charged, controversial subject, Dorothy Shea brings a rare combination of objectivity, thoroughness, and a firm grasp of both the principles and the political interests at stake. She begins by investigating the origins of the TRC in South Africa's transition from apartheid to democracy, and she examines the extent to which it learned from the experiences of earlier, Latin American commissions. Then she focuses on how the politics of the TRC were played out in issues such as amnesty, reparations, and prosecutions. Her report on the TRC offers a generally positive assessment and explains not only how South Africa measured up but also why. Finally, Shea draws lessons from the TRC experience that may help to inform future efforts to shape and establish truth commissions in other transitional societies.
Author: Gerhard Werle Publisher: BWV Verlag ISBN: 383051154X Category : Amnesty Languages : en Pages : 283
Book Description
"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.
Author: Ole Bubenzer
Author: Ole Bubenzer
Author: Mia Swart
Author: Paul Gready
Author: Wilmot Godfrey James
Author: Charles Villa-Vincencio
Author: Tyler R. Giannini
Author: Hendrik Johannes Lubbe
Author: Dorothy C. Shea
Author: Gerhard Werle
Author: François Du Bois (jurist.)