scholarly journals Agensi Perempuan Penyintas dalam Inisiatif Keadilan Transisi di Tingkat Lokal

2021 ◽  
Vol 26 (3) ◽  
pp. 231-240
Author(s):  
Mulki Makmun ◽  
Atnike Nova Sigiro
Keyword(s):  
Human Rights ◽  
Women Survivors ◽  
Transitional Justice ◽  
Local Level ◽  
The State ◽  
Human Rights Violations ◽  
Structural Barriers ◽  
Truth Telling ◽  
Assistance Programs ◽  
Participation Of Women

This article will describe the contribution of women survivors of human rights violations in promoting transitional justice initiatives at the local or community level in Indonesia. In their marginal position, both as women and victims of human rights violations, the women survivors show their agencies to face social, political, cultural and structural barriers. The initiatives and participation of women survivors in Central Sulawesi, Aceh, and Yogyakarta Province, have contributed to the emergence of transitional justice models at the local level, such as apologies for victims, health assistance programs, scholarships, and truth-telling. These transitional justice initiatives at the local level not only fill the gap in the accountability that should be borne by the state, but they also strengthen the implementation of transitional justice mechanisms organized by the state or government, both at the local and national levels.

Transitional Justice and Protracted Accountability in Re-democratised Uruguay, 1985–2011

2011 ◽  
Vol 43 (4) ◽  
pp. 693-724 ◽  
Author(s):  
LUIS RONIGER
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
Truth Commission ◽  
Human Rights Violations ◽  
Political Elites ◽  
Truth Telling ◽  
Political Forces ◽  
Electoral Democracy ◽  
Normative Expectations ◽  
The Government

AbstractThis article analyses the protracted process by which democratised Uruguay has come to terms with its legacy of human rights violations. Central to this process has been the nature of Uruguayan transitional policies and their more recent partial unravelling. Due to the negotiated transition to electoral democracy, civilian political elites approached the transitional dilemma of balancing normative expectations and political contingency by promulgating legal immunity, for years avoiding initiatives to pursue trials or launch an official truth commission, unlike neighbouring Argentina. A constellation of national and transnational factors (including recurrent initiatives by social and political forces) eventually opened up new institutional ground for belated truth-telling and accountability for some historical wrongs – and yet, attempts to challenge the blanket legal impunity failed twice through popular consultation and in a recent parliamentary vote. Each time, the government officially projected a narrative that sacralised national consensus and reconciliation, now enshrined in two sovereign popular votes, and the adoption of a forward-looking democratic perspective.

Retaliation in Transitional Justice Scenarios

2016 ◽  
pp. 315-331
Author(s):  
Gustavo Rojas Paez
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
State Violence ◽  
The State ◽  
Human Rights Violations ◽  
South American ◽  
Social Harm ◽  
Transitional Societies

This chapter discusses the role of retaliation in the Transitional Justice Scenarios of Argentina and Colombia, drawing attention to the continuation of state violence and human rights violations in these two South American countries following the implementation of legal and non- legal mechanisms of TJ. Subsequently, it attempts to demonstrate how the implementation of TJ mechanisms may fall short in preventing cycles of violence that allow powerful actors, linked to the interests of the state, to continue performing the retaliatory practices that historically caused major ‘social harm' in the transitional societies . The rationale of this article consists of two central questions: How can transitional societies deal with both the legacy and reconfiguration of state violence? Moreover, to what extent do orthodox understandings of law and TJ serve as a means for the recreation of the retaliatory practices that shaped the conflicts that TJ measures are supposed to address?

Retaliation in Transitional Justice Scenarios

2019 ◽  
pp. 511-527
Author(s):  
Gustavo Rojas Paez
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
State Violence ◽  
The State ◽  
Human Rights Violations ◽  
South American ◽  
Social Harm ◽  
Transitional Societies

This chapter discusses the role of retaliation in the Transitional Justice Scenarios of Argentina and Colombia, drawing attention to the continuation of state violence and human rights violations in these two South American countries following the implementation of legal and non- legal mechanisms of TJ. Subsequently, it attempts to demonstrate how the implementation of TJ mechanisms may fall short in preventing cycles of violence that allow powerful actors, linked to the interests of the state, to continue performing the retaliatory practices that historically caused major ‘social harm' in the transitional societies . The rationale of this article consists of two central questions: How can transitional societies deal with both the legacy and reconfiguration of state violence? Moreover, to what extent do orthodox understandings of law and TJ serve as a means for the recreation of the retaliatory practices that shaped the conflicts that TJ measures are supposed to address?

Democratizing Societies Confront Their Past

2021 ◽  
pp. 159-180
Author(s):  
Luis Roniger
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
Spillover Effect ◽  
Human Rights Violations ◽  
Truth Telling ◽  
Civil Unrest ◽  
The Past

This chapter examines various processes of democratization and confrontation within the legacies of the last wave of repressive authoritarianism in the Americas. Undergoing periods of civil unrest, repression, and human rights violations, these societies faced a tortuous process of coming to terms with that experience, enforcing policies of transitional justice without an easy way of closing the book on the past. This chapter suggests a comparative look at various policy paths and their consequences, highlighting a transnational spillover effect as countries looked upon one another and drew inferences for calibrating and advancing their own processes of overcoming the scars of authoritarian repression. The analysis identifies the constellation of national and transnational factors that eventually opened institutional ground for belated truth telling and accountability for historical wrongs.

scholarly journals The Facets of Transitional Justice and 'Red Terror' Mass Trials of Derg Officials in Post-1991 Ethiopia: Reassessing its Achievements and Pitfalls

2021 ◽  
Vol 4 (2) ◽  
Author(s):  
Kinkino Kia Legide
Keyword(s):  
Human Rights ◽  
Cold War ◽  
Transitional Justice ◽  
Critical Review ◽  
The State ◽  
Human Rights Violations ◽  
Political Transformation ◽  
Military Junta ◽  
Post Conflict ◽  
Durable Peace

At the end of the state perpetrated largescale violence, two important puzzling questions need to be addressed by post-conflict states. The first one chiefly concern how to ensure accountability or fight impunity, and the second is concerned with how to transform a society wrecked by prolonged conflicts into a durable peace in a non-violent means (Jarstad & Sisk, 2008). One such effort to deal with these questions was implementation of a transitional justice measures which evolved to encompass broader themes in addition to criminal accountability and it has shown a considerable relevance and expansion since the end of Cold War. After the demise of Marxist military junta of Derg regime in 1991, the Transitional Government of Ethiopia attempted to respond to the Derg-era atrocities of Red Terror through the establishment of Special Prosecution Office (SPO) in 1992. Ethiopia’s SPO undertook one of the most extensive criminal investigations after Nuremburg trials by its own resources and domestic tribunals and the mass trials lasted for nearly two decades. However, the assessment about its significance for domestic political transformation and its legacy remained largely untold. The aim of this paper is to make a critical review of available works on the ‘red terror trials’ and reconsider its achievements and pitfalls and to interrogate as to whether it can still provide important lessons for today’s reality. By critically reviewing available literatures and official reports, the paper found that the efforts of Red Terror trials partly succeeded in ending impunity, averting tendency of summary executions and revenge killings, and in eliciting some ‘truths. However, the measure was affected by severe limitations including the adopting the narrower model of transitional justice measures chiefly focusing on criminal prosecutions, and also questioned legitimacy of trials amidst human rights violations by the new regime itself. These limitations coupled with other factors constrained the capacity of the Derg’s Red Terror trials so that it remained short of being translated into a lasting legacy in terms of meaningful political transformation.

scholarly journals Is the Responsibility to Protect an Accepted Norm of International Law in the post-Libya Era?

2018 ◽  
pp. 11
Author(s):  
Jeremy Sarkin
Keyword(s):  
Human Rights ◽  
International Law ◽  
Transitional Justice ◽  
Building Blocks ◽  
Responsibility To Protect ◽  
Human Rights Violations ◽  
One Dimensional

This article explores the Responsibility to Protect (RtoP) in the post-Libya era to determinewhether it is now an accepted norm of international law. It examines what RtoP means intoday`s world and whether the norm now means that steps will be taken against states thatare committing serious human rights violations. The building blocks of RtoP are examined tosee how to make the doctrine more relevant and more applicable. It is contended that theresponsibility to react should be viewed through a much wider lens and that it needs to bemore widely interpreted to allow it to gain greater support. It is argued that there is a need tofocus far more on the responsibility to rebuild and that it ought to focus on the transitionallegal architecture as well as transitional justice. It is contended that these processes ought notto be one-dimensional, but ought to have a variety of constituent parts. It is further arguedthat the international and donor community ought to be far more engaged and far moredirective in these projects.

scholarly journals Disparity in Human Rights Violations: A Political and International Law Perspective

2016 ◽  
Vol 2 (3) ◽  
pp. 349
Author(s):  
Aidir Amin Daud
Keyword(s):  
Human Rights ◽  
International Law ◽  
Rational Solution ◽  
Double Series ◽  
Mass Murder ◽  
The State ◽  
Human Rights Violations ◽  
Natural Right ◽  
International Court ◽  
Political Interests

Right to life is non-derogable rights. A natural right that should not be revoked arbitrarily by anyone, including the state. A mass murder in events 1 October 1965 and Timor-Timor is a double series of states’ failure in protecting the rights of Indonesian peoples. Moreover, these two events get different treatment in its handling. The disparity in treatment between two cases is a big question related to the consistency of human rights enforcement in Indonesia. This study is a descriptive-qualitative research. While, to prove the truth, this study will use a comparative study. The findings show that the attitude of the United Nations that treat serious human rights violations in Timor-Timor and the events of 1965 in Indonesia, cannot be answered differently in the perspective of international law. Since it has a weakness where the political interests of ruling is very strong in influencing the decisions of the UN. The disparity in law enforcement in the event of serious human rights violations in 1965 and Timor-Timor due to the dynamics of international politics when it does not allow for the demands of human rights violations to the UNs’ International Court due to advantage for a certain state after the event. In order to reduce disparities in human rights violations, reconciliation is the most rational solution at this time compared remains demand the state for the violations. Besides, many human rights violations in certain countries that have successfully resolved through reconciliation approach.

Derecho Internacional Humanitario, Jurisdicción Penal Militar y Responsabilidad del Estado por violación a los Derechos Humanos. Un comentario a la Sentencia de la Corte Interamericana de Derechos Humanos «Masacre de Santo Domingo vs. Colombia»

2013 ◽  
pp. 149-164
Author(s):  
Jorge Ernesto ROA ROA
Keyword(s):  
Human Rights ◽  
Structural Features ◽  
The State ◽  
Human Rights Violations ◽  
Humanitarian Law ◽  
Santo Domingo ◽  
Military Conflict ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Derechos Humanos

LABURPENA: Kasuen ikerketa-metodologia erabiliz, Santo Domingo vs. Kolonbia epaiari buruzko iruzkinean, nagusiki, inter-amerikar esparruko giza eskubideen babesari lotutako egiturazko alderdiak aipatzen dira; besteak beste, eta bereziki: nola erabiltzen duen Inter-amerikar Auzitegiak Nazioarteko Zuzenbide Humanitarioa barne-gatazka armatuetako egoeretan; zer erlazio dagoen zigor-jurisdikzio militarraren eta Indar Armatuetako kideek egindako giza eskubideen urraketen ikerketaren artean; zein diren Estatuaren erantzukizuna aitortzeko egintzetarako baldintzak, eta zer elkarreragin dagoen nazioetako eta nazioarteko instantzia judizialen artean giza eskubideen urraketen ordainaz den bezainbatean. Egokiera-arrazoiengatik, alde batera utziko da Kolonbiako Estatuak urratu zituen Amerikar Konbentzioko eskubideetako bakoitzari buruz Giza Eskubideetarako Nazioarteko Auzitegiak erabakitakoaren azterketa. RESUMEN: Mediante la aplicación de la metodología de estudio de caso, el comentario a la Sentencia Santo Domingo vs. Colombia se centra en aspectos estructurales sobre la protección de los derechos humanos en el ámbito interamericano, en especial, el uso que la Corte Interamericana hace del Derecho Internacional Humanitario en situaciones que se producen en contextos de conflictos armados internos, la relación entre la jurisdicción penal militar y la investigación de las violaciones a los derechos humanos cometidas por miembros de las Fuerzas Armadas, los requisitos de los actos de reconocimiento de la responsabilidad del Estado y la interacción entre las instancias judiciales nacionales e internacionales en materia de reparación de violaciones a los derechos humanos. Por razones de oportunidad, se prescinde del análisis del pronunciamiento de la Corte IDH sobre cada uno de los derechos de la Convención Americana que fueron violados por el Estado de Colombia. ABSTRACT: By means of the problem based learning methodology, the analysis of the judgment Santo Domingo vs. Colombia focuses on structural features of the human rights protection within the Inter-American area, specially, the use made by the Inter-American Court of International Humanitarian Law in situations within contexts of internal military conflict, the relationship between military criminal jurisdiction and the investigation of human rights violations committed by Army forces, the requirements of the acts of recognition of the State responsibility and the interaction between the national and international judicial instances regarding the redress for human rights violations. For reasons of practical expediency, we will not analyze the judgment by the Inter-American Court on each of the rights of the American Convention breached by the State of Colombia.

Functions of compensation for human rights violation in international and national judicial decisions

2021 ◽  
Vol 11 (1) ◽  
pp. 81-101
Author(s):  
Dmitry Kuznetsov
Keyword(s):  
Human Rights ◽  
Effective Means ◽  
National Court ◽  
Case Law ◽  
The State ◽  
Customary Law ◽  
Human Rights Violations ◽  
Complex Nature ◽  
European Court ◽  
International Responsibility

When establishing human rights violations committed by the state, should it be violation of internationally protected rights or constitutional rights, the violator is obliged to compensate for the harm caused. In the meantime, neither international sources, nor national legal acts and case law answer the question whether the obligation to compensate is exhausted by the compensation awarded in accordance with a decision of an international judicial body or such a payment has punitive nature, and the state keeps the obligation to compensate the damage within the frameworks of national proceedings. Following the first part of opening remarks the second part of the article studies universal international law approach towards the state obligation to compensate for human rights violations, it reviews positions of the International Court of Justice, the model established in international customary law of international responsibility. The third part discusses the compensation mechanism of the European Court of Human Rights and a number of cases where the Russian Federation was the respondent state. The forth part considers national regulation of the Council of Europe states and case law thereof. The author argues that the established international case law in respect of awarding compensations for human rights violations is too restrictive – it does not take into account a complex nature of this phenomenon which includes both correction of the individual applicant situation (restitution of the pre-existed situation) and prevention of similar situations in the future. It is concluded that awarding the compensation by an international body primarily constitutes a measure of international responsibility whereas consideration by a national court is a more effective means of restitution of the applicants rights and that the national court shall not deny consideration of applicants claims due to the fact that they have already been awarded compensation by the international judicial body including the European Court of Human Rights.

Sign in / Sign up

Export Citation Format

Share Document