Dealing With Crimes of a Past Regime. Is Amnesty Still an Option?

1999 ◽  
Vol 12 (4) ◽  
pp. 1001-1015 ◽  
Author(s):  
John Dugard
Keyword(s):  
South African ◽  
Criminal Court ◽  
Truth And Reconciliation Commission ◽  
Crimes Against Humanity ◽  
Reconciliation Commission ◽  
Truth And Reconciliation ◽  
International Crimes ◽  
Peace And Justice ◽  
International Legal Order ◽  
Political Settlement

From time immemorial amnesty has been employed as a means of promoting a political settlement and advancing reconciliation in societies that have emerged from repression. At present there is a trend in support of prosecution of those who have committed international crimes, such as torture and crimes against humanity, which excludes the possibility of amnesty. That amnesty is no longer favored is illustrated by the failure of the Rome Statute of the International Criminal Court to recognize amnesty as a defence to prosecution. While there is no place for unconditional amnesty in the contemporary international legal order an intermediate solution such as a Truth and Reconciliation Commission with power to grant amnesty after investigation, of the South African kind, may contribute to the achievement of peace and justice in a society in transition more effectively than mandatory prosecution.

Disappointed Remains: Trauma, Testimony, and Reconciliation in Post-apartheid South Africa

2012 ◽  
Author(s):  
Sean Field
Keyword(s):  
South Africa ◽  
South African ◽  
Real Life ◽  
Truth And Reconciliation Commission ◽  
Trauma Survivors ◽  
National Unity ◽  
Reconciliation Commission ◽  
Truth And Reconciliation ◽  
Apartheid Regime ◽  
Democratic Elections

The apartheid regime in South Africa and the fight against the same, followed by the reconciliation is the crux of this article. The first democratic elections held on April 27, 1994, were surprisingly free of violence. Then, in one of its first pieces of legislation, the new democratic parliament passed the Promotion of National Unity and Reconciliation Act of 1995, which created the Truth and Reconciliation Commission. At the outset, the South African TRC promised to “uncover the truth” about past atrocities, and forge reconciliation across a divided country. As oral historians, we should consider the oral testimonies that were given at the Human Rights Victim hearings and reflect on the reconciliation process and what it means to ask trauma survivors to forgive and reconcile with perpetrators. This article cites several real life examples to explain the trauma and testimony of apartheid and post-apartheid Africa with a hint on the still prevailing disappointments and blurred memories.

scholarly journals Truth and reconciliation in South Africa: Hindu experiences and concerns

2004 ◽  
Vol 60 (4) ◽  
Author(s):  
P.G.J. Meiring
Keyword(s):  
South Africa ◽  
South African ◽  
Truth And Reconciliation Commission ◽  
Faith Communities ◽  
The South ◽  
Reconciliation Commission ◽  
Truth And Reconciliation ◽  
Hindu Community ◽  
The Way

The author who served on the South African Truth and Reconciliation Commission (TRC), focuses on the Hindu experience in South Africa during the apartheid years. At a special TRC Hearing for Faith Communities (East London, 17-19 November 1997) two submissions by local Hindu leaders were tabled. Taking his cues from those submissions, the author discusses four issues: the way the Hindu community suffered during these years, the way in which some members of the Hindu community supported the system of apartheid, the role of Hindus in the struggle against apartheid, and finally the contribution of the Hindu community towards reconciliation in South Africa. In conclusion some notes on how Hindus and Christians may work together in th

'Papieren' voor de toekomst

1970 ◽  
Vol 60 ◽  
pp. 43-52
Author(s):  
Gustaaf Janssens
Keyword(s):  
South African ◽  
Truth And Reconciliation Commission ◽  
The South ◽  
Reconciliation Commission ◽  
Cultural Perception ◽  
Truth And Reconciliation ◽  
Close Relationship ◽  
Archival Documents ◽  
The Government

A purely cultural perception of records and archives is one-sided andincomplete. Records and archival documents are necessary to confirm therights and the obligations of both the government and the citizens. "Therecords are crucial to hold us accountable", says archbishop D. Tutu, formerpresident of the South African 'Truth and Reconciliation Commission'. Forthis reason, the government should organize the archives in such a way thatarchival services can fulfil their task as guardians of society's memorie.Citizens' rights and archives have a close relationship.

scholarly journals The knowledge and perceptions of history students of South Africa’s Truth and Reconciliation Commission (TRC)

2014 ◽  
Vol 10 (1) ◽  
Author(s):  
M Oelofse ◽  
A Oosthuysen
Keyword(s):  
South Africa ◽  
South African ◽  
Research Method ◽  
Truth And Reconciliation Commission ◽  
Mixed Method Research ◽  
Reconciliation Commission ◽  
Truth And Reconciliation ◽  
Group Interviews ◽  
The University

Using the Truth and Reconciliation Commission of South Africa (TRC) and the concept of reconciliation as a case study, the article attempts to assess the knowledge and understanding of the registered undergraduate history students at the University of the Free State’s main campus about the TRC and the concept and process of reconciliation in the country at large. The research will firstly assess whether the younger generation of students, specifically students taking history as a subject, have any knowledge of such a significant and contemporary event in South African historiography as the TRC process. Secondly, in relation to the aims and recommendations of the TRC and against the background of reconciliation efforts in the country, to perceive the views and thoughts of undergraduate history students on the progress in reconciliation endeavours in South Africa. As a result, a sample of 128 undergraduate history students was randomly selected to complete a quantitative questionnaire. The questionnaire consisted of both closed and open-ended questions. Group interviews, as a qualitative research method, were added and used to conduct interviews with 16 undergraduate history students selected randomly and answers were recorded. Accordingly, an explanatory mixed- method research method approach was employed by implementing both the qualitative and quantitative method.

Crimes and Accountability in Shakespeare

1998 ◽  
Vol 92 (1) ◽  
pp. 1-40 ◽  
Author(s):  
Theodor Meron
Keyword(s):  
South African ◽  
Truth And Reconciliation Commission ◽  
Former Yugoslavia ◽  
Final Solution ◽  
The South ◽  
Reconciliation Commission ◽  
High Ranking ◽  
Truth And Reconciliation ◽  
The Holocaust

Accountability for crimes, a theme central to Shakespeare’s plays, is also extraordinarily pertinent to our times. Newspapers have reported on the care taken by the leaders of the former Yugoslavia to order atrocities against “enemy” populations only in the most indirect and euphemistic way. Even the Nazi leaders constantly resorted to euphemisms in referring to the Holocaust. No explicit written order from Hitler to carry out the final solution has ever been found. At the height of their power, the Nazis treated the data on the killing of Jews as top secret. Similarly, a high-ranking member of the former security police told the South African Truth and Reconciliation Commission that written instructions to kill antiapartheid activists were never given; squad members who carried out the killings simply got “a nod of the head or a wink-wink kind of attitude.”

scholarly journals Taking responsibility for reconciliation: a Christian response to the legacy and challenges of the South African Truth and Reconciliation Commission (TRC)

2009 ◽  
Vol 43 (2) ◽  
Author(s):  
S. Barry
Keyword(s):  
South African ◽  
Healing Process ◽  
Truth And Reconciliation Commission ◽  
Good News ◽  
Reconciliation Commission ◽  
South Africans ◽  
Truth And Reconciliation ◽  
Christian Churches ◽  
To Come ◽  
Desmond Tutu

At the conclusion of the TRC, Desmond Tutu stated that the Commission’s task was to promote, not to achieve, reconci- liation. Reconciliation, he maintained, is the responsibility of all South Africans, and expressed the hope that the Christian churches would be in the forefront of this healing process.  This article explores how the Christian church can be in the forefront of binding up the wounds, facilitating the healing pro- cess, and living as a people and a sign of hope. The answers it seeks to offer fall under three interrelated themes, namely the church’s:  • spirituality of reconciliation; • ministry and mission of reconciliation; and • resources for its ministry and mission of reconciliation. Cultivating a spirituality of reconciliation would mean making reconciliation a lifestyle, rather than a series of strategies, pro- grammes or initiatives, yet remaining concrete, practical, mea- surable and accountable.   The church’s mission is primarily to proclaim the good news of God’s Kingdom that is already here, but not yet fully here and therefore still to come. This proclamation is the message of reconciliation between God, others and the self, and anticipates the unity of all creation in Jesus Christ.   The resources given to the church to fulfil this apostolic ministry include prophecy, evangelism, pastoral care and teaching, as well as its liturgical and sacramental life, its ministry of pre- sence, its people and its commitment to social justice.

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