State Crimes of Previous Regimes: Knowledge, Accountability, and the Policing of the Past

1995 ◽  
Vol 20 (01) ◽  
pp. 7-50 ◽  
Author(s):  
Stanley Cohen

The policy of lustration is set in the context of responses to abuses of power by previous regimes. Using examples from three recent forms of social reconstruction (in Latin America, the former communist states, and South Africa), the author reviews the “justice in transition” debate. How do societies going through democratization confront the human rights violations committed by the previous regime? Five aspects of this debate are reviewed: (1) truth: establishing and confronting the knowledge of what happened in the past; (2) justice: making offenders accountable for their past violations through three possible methods: punishment through the criminal law, compensation and restitution, and mass disqualification such as lustration; (3) impunity: giving amnesty to previous offenders; (4) expiation; and (5) reconciliation and reconstruction. A concluding discussion raises the implications of the subject for the study of time and social control.

2003 ◽  
Vol 20 (1) ◽  
pp. 128-130
Author(s):  
John Boye Ejobowah

How should societies that have transitioned from authoritarian to democraticrule deal with the atrocities and gross human rights violations of theirimmediate past? Should those implicated in the crimes of past regimes beprosecuted? This sophisticated volume attempts to address such questions.About one-third of the book is comprised of well-reasoned theoreticalchapters that answer the above questions by creating a space in liberal justicefor forgiveness. The remainder consists of empirical contributions thatdescribe the ways in which international institutions and five countries(Chile, Guatemala, South Africa, Rwanda, and Northern Ireland) haveresponded to such crimes. Unlike the theoretical section, most contributionshere argue that while memory and forgiveness (the truth commissions) areimportant, they are not enough to meet the victims’ psychological needsand do not guarantee non-repetition. The introduction rightly acknowledgesthat some of the chapters argue in different directions.Doing justice in the aftermath of civil conflict is a thorny problem. In liberalism,criminal justice always has been straightforward: the courts, themouthpiece of objective law, have to mediate and impose punishment if theperpetrator is proven guilty. Punishment must consist of penalties that annulthe advantages seized by the criminal, compensate the victim in the case of ...


1995 ◽  
Vol 20 (01) ◽  
pp. 79-116 ◽  
Author(s):  
Margaret Popkin ◽  
Naomi Roht-Arriaza

In recent years, Latin American countries have sought to come to terms with prior periods of widespread human rights violations, relying increasingly on investigatory commissions. Investigatory efforts have been undertaken by democratically elected governments that replaced military dictatorships, by UN-sponsored commissions as part of a UN-mediated peace process, and by national human rights commissioners. This article examines truth commissions in Chile and El Salvador, an investigatory effort in Honduras, and a proposed commission in Guatemala. It compares the achievements and limitations of these commissions within the political constraints and institutional reality of each country, focusing on four major goals: the effort to create an authoritative account of the past; vindication of victims; recommendations for legislative, structural, or other changes to avoid repetition of past abuses; and establishing accountability or the identity of perpetrators.


2020 ◽  
Author(s):  
Léon E Dijkman

Abstract Germany is one of few jurisdictions with a bifurcated patent system, under which infringement and validity of a patent are established in separate proceedings. Because validity proceedings normally take longer to conclude, it can occur that remedies for infringement are imposed before a decision on the patent’s validity is available. This phenomenon is colloquially known as the ‘injunction gap’ and has been the subject of increasing criticism over the past years. In this article, I examine the injunction gap from the perspective of the right to a fair trial enshrined in Art. 6 of the European Convention on Human Rights. I find that the case law of the European Court of Human Rights interpreting this provision supports criticism of the injunction gap, because imposing infringement remedies with potentially far-reaching consequences before the validity of a patent has been established by a court of law arguably violates defendants’ right to be heard. Such reliance on the patent office’s grant decision is no longer warranted in the light of contemporary invalidation rates. I conclude that the proliferation of the injunction gap should be curbed by an approach to a stay of proceedings which is in line with the test for stays as formulated by Germany’s Federal Supreme Court. Under this test, courts should stay infringement proceedings until the Federal Patent Court or the EPO’s Board of Appeal have ruled on the validity of a patent whenever it is more likely than not that it will be invalidated.


2021 ◽  
Vol 11 (1) ◽  
pp. 36-62
Author(s):  
Rossella Sabia

This article investigates the emergence of new regulatory trends in the context of human rights accountability - traditionally characterised by soft law and non-binding guidelines -, where in recent times mandatory non-financial disclosure laws have started to impose on multinational companies new legal obligations complemented by sanctions of a different nature and intensity. By comparing three relevant pieces of legislation in the European panorama, this contribution addresses the reasons why also criminal law scholars should pay attention to the evolution of such regulatory framework, as the prospect of punitive mechanisms aimed at holding large companies accountable for human rights violations in their global operations could become, to some extent, less remote.


Literator ◽  
1997 ◽  
Vol 18 (3) ◽  
pp. 1-24 ◽  
Author(s):  
H. Viljoen ◽  
E. Hentschel

In this article the rationale of this special issue is provided and the different contributions are introduced. The assumption is that there are strong similarities between the recent political and social transitions in South Africa and Germany and the reactions, both emotional and literary, of the people involved. Broadly, the transitions are described as a movement from external (or violent) to internal (or ideological) social control, though this must be modified by the various constructions the contributors put on the transition. The main themes and questions of the transitions are synthesized, highlighting the marked similarities the different contributions reveal. The most important of these are the relation to the past, problems of identity, projections of the new and the internal contradictions of nationalist discourse (which informs the process of transition). In conclusion, the similarities and differences between the two transitions indicated by this special issue, are discussed. The assumption of strong similarities between the two seems to hold, it is argued, but much more research into the matter is needed.


2013 ◽  
Vol 7 (1) ◽  
pp. 1
Author(s):  
João Carlos Amoroso Botelho

Desde que autores como Germani (1962), Di Tella (1969) e Ianni (1975) aplicaram a noção de populismo à América Latina, muito se escreveu sobre o tema. O conceito se estirou tanto que tem servido para definir políticos os mais díspares. Com a ausência das condições socioeconômicas descritas pelas formulações clássicas, a estratégia adotada é limitar a categoria à dimensão política. Esse procedimento, porém, não é capaz de descrever atributos exclusivos suficientes para que o populismo seja um fenômeno específico. Ao mesmo tempo, o conceito está tão enraizado que não é viável abandoná-lo. A solução proposta é avaliar em quais características um político se aproxima e se afasta dos casos paradigmáticos do passado. Assim, ele pode ser populista em certos aspectos e não em outros. Com esse procedimento, se chega a uma classificação, em que um líder apresente mais ou menos atributos descritos pelas definições clássicas, eliminando a necessidade de reformulação constante do conceito para adaptá-lo a novas circunstâncias. Também haveria menos espaço a que o rótulo de populista continuasse servindo para desqualificar políticos latino-americanos. O artigo aborda definições clássicas e recentes aplicadas à América Latina e avalia a viabilidade empírica da estratégia de se concentrar na dimensão política.---LA APLICACIÓN DEL CONCEPTO DE POPULISMO AMÉRICA LATINA: la necesidad de clasificar, y no descalificar Desde que autores como Germani (1962), Di Tella (1969) y Ianni (1975) aplicaron la noción de populismo a la América Latina, mucho se ha escrito sobre el tema. El concepto se ha estirado tanto que ha definido políticos muy dispares. Con la ausencia de las condiciones socioeconómicas descritas por las formulaciones clásicas, la estrategia adoptada es concentrarse en la dimensión política. Ese procedimiento, sin embargo, no es capaz de describir atributos exclusivos suficientes para que el populismo sea un fenómeno específico. Al mismo tiempo, el concepto está tan enraizado que no es viable abandonarlo. La solución propuesta es evaluar en cuales características un político se acerca y se aleja de los casos paradigmáticos del pasado. Así, ello puede ser populista en ciertos aspectos y no en otros. Con ese procedimiento, se llega a una clasificación, en que un líder presente más o menos atributos descritos por las definiciones clásicas, eliminando la necesidad de reformulación constante del concepto. También habría menos espacio a que el rótulo de populista continuase sirviendo para descalificar políticos latinoamericanos. El artículo presenta definiciones clásicas y recientes aplicadas a la América Latina y discute la viabilidad empírica de la estrategia de concentrarse en la dimensión política.Palabras-clave: populismo; América Latina; casos paradigmáticos; clasificación.---THE APPLICATION OF THE CONCEPT OF POPULISM IN LATIN AMERICA: the need to classify and not disqualifyEver since authors such as Germani (1962), Di Tella (1969) and Ianni (1975) applied the notion of populism in Latin America, much has been written on the subject. The concept stretched out so much that it has served to define the most dissimilar politicians. In the absence of socioeconomic conditions described by classical formulations, the strategy adopted is to restrict the category to the political dimension. Such a procedure, however, is not capable of describing adequate particular attributes that populism would be a specific phenomenon. At the same time, the concept is so deeply embedded in our society that it is not feasible to abandon it. The proposed solution is to evaluate in which characteristics a politician reaches and moves away from the paradigmatic cases of the past. Thus, it can be populist in some respects and not in others. In such a procedure, we arrive at a classification in which a leader shows more or less attributes described by classical definitions, eliminating the need for constant reformulation of the concept to adapt it to new circumstances. Also, there would be less space to which the label of populist would continue to serve to disqualify Latin American politicians. The article discusses recent and classic settings applied to Latin America and assesses the empirical viability of focusing on the political dimension strategy.Key words: populism; Latin America; paradigmatic cases; classification.


2020 ◽  
Vol 28 ◽  
pp. 160
Author(s):  
Juliane Sachser Angnes ◽  
Elisa Yoshie Ichikawa ◽  
Marcel Luciano Klozovski ◽  
Maria De Fátima Quintal de Freitas

This theoretical essay proposes to understand how the contemporary conception of Human Rights is configured, and from that, to articulate the affirmative actions for Indigenous peoples inserted in this conception. In other words, it reflects on how this process took place in Latin America, that is, whether these actions proposed in Latin America for Indigenous peoples adopt a perspective constituted by the “subject of law” being seen in its particularity and peculiarity, and whether there have been advances or setbacks. The results showed that, specifically, from the conceptions presented at the International Labor Organization (OIT) there was a break in the integrationist paradigm, showing a real advance in the expressions of these conceptions and the ways in which indigenous societies are understood, at least in the applied legislation in Latin America. However, there is still much to reflect on and fight for.


Author(s):  
Kevin Hearty

Viewing Irish republican policing memory primarily through a transitional justice lens, this chapter critically examines how Irish republicans, as a principal party to the conflict, approach the difficult issue of ‘dealing with the past’ as both collective victims and perpetrators of human rights violations during the conflict. It will interrogate the range of divergent views within modern Irish republicanism on issues such as victimhood, truth recovery, ‘moving on’ and ‘dealing with the past’. In particular, it looks at how the memory of human rights violations framed the wider policing debate and led to a master narrative of ‘never again’ whereby the value of ‘remembering’ past abuses lay in helping to prevent future repetition. This is placed against a more general backdrop of the stop-start ‘dealing with the past’ process in the North of Ireland that has included the establishment, operation and subsequent replacement of the Historical Enquiries Team (HET), the passage of the Civil Service (Special Advisers) Act (Northern Ireland), and proposals like the Haass/O’Sullivan document and the Stormont House Agreement.


Author(s):  
Chuah Siew Mooi ◽  
Ann Nicole Nunis

This chapter focuses on the experience of volunteers and frontline workers who serve in marginalized communities across Southeast Asia. More frontline workers and volunteers are taking the initiative to support marginalized communities in the region. With the rise of human rights violations towards marginalized communities in the past decade, frontline workers and volunteers face unique experiences in working with these communities, ranging from stigma and discrimination to unaddressed levels of burnout. Based on the authors' experiences working with these communities and the summary of the interviews with fellow frontline workers, the experience of working with marginalized communities, particularly those affected by HIV/AIDS and refugees, are elaborated in this chapter. Current challenges as well as recommendations are highlighted to ensure that the frontline workers and volunteers are supported throughout their vital work towards society.


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