scholarly journals Punishment, Democracy and Transitional Justice in Argentina (1983-2015)

2017 ◽  
Vol 6 (1) ◽  
pp. 88-102 ◽  
Author(s):  
Diego Arturo Zysman Quirós
Keyword(s):  
Human Rights ◽  
Latin America ◽  
Transitional Justice ◽  
Social Impact ◽  
Transition To Democracy ◽  
Human Rights Abuses ◽  
Contemporary World ◽  
Leading Role ◽  
Sociology Of Punishment ◽  
State Of Affairs

Latin America has neither suffered the majority of mass atrocities in the contemporary world nor the worst of them but, after a sustained period of transition to democracy, it holds the record for the most domestic trials for human rights abuses. Argentina is an emblematic case in Latin America and the world. Due to the early development of its human rights trials, their social impact and their scale, it has a leading role in what is known as ‘the justice cascade’. Until recently, leading scholars in sociology of punishment have studied the penality of ‘ordinary crimes’ through causally deep and global narratives largely from the perspective of the Global North. State crimes and regional paths of transitional justice have been neglected in their accounts. This paper will question this state of affairs – or ‘parallelism’ – through an exploration of the punishment of both ‘common crimes’ and ‘state crimes’ in Argentina, thus contributing to the growing body of scholarship on southern criminology.

scholarly journals Thinking Systemically About Transitional Justice, Legal Systems, and Resilience

2021 ◽  
pp. 530-550
Author(s):  
Janine Natalya Clark
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
Theory And Practice ◽  
Legal Systems ◽  
Social Environments ◽  
Human Rights Abuses ◽  
Resilience Thinking ◽  
Systemic Impact ◽  
Resilience Framework ◽  
The Impact

Transitional justice refers to the set of judicial and non-judicial processes that societies may use to deal with legacies of past human rights abuses and atrocities. While the field is rapidly expanding, to date there are almost no systematic analyses of transitional justice within a resilience framework, or vice versa. The purpose of this chapter is to address that gap and to demonstrate why resilience is highly relevant for transitional justice theory and practice. It argues that resilience thinking can enhance the impact of transitional justice on the ground, by contributing to the development of more ecological approaches to dealing with the past that locate individuals within their broader social environments. The chapter also reflects on the conceptual and empirical utility of resilience as a concept that opens up a space for analyzing the wider societal and systemic impact of legal systems more generally.

Linking Transitional Justice and Human Rights

2017 ◽  
Author(s):  
Susan Waltz
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
Arab Spring ◽  
International Treaties ◽  
Human Rights Abuses ◽  
Universal Human Rights ◽  
Before And After ◽  
Human Rights Standards ◽  
Economic Injustice ◽  
The Arab Spring

Chapter 3, by Susan Waltz, addresses several of these challenges as well as other themes in a distinct way, drawing upon experiences before and after the Arab Spring from several countries in the region including Egypt, Morocco, and Tunisia. She first draws attention to the apparent gaps between a set of universal human rights standards enshrined in international treaties, the practice of transitional justice with its focus on gross human rights abuses, and the expectations which have been raised of transitional justice, including of addressing questions of economic injustice. She then interrogates different facets of the problem of “impact” of transitional justice.

scholarly journals On Corporate Responsibility, Human Rights, and Transitional Justice: Quo Vadis?

2018 ◽  
Vol 112 ◽  
pp. 324-326 ◽  
Author(s):  
Ruti Teitel
Keyword(s):  
United States ◽  
Human Rights ◽  
Transitional Justice ◽  
Corporate Responsibility ◽  
United States Supreme Court ◽  
Supreme Court Decision ◽  
Court Decision ◽  
United States Supreme ◽  
Human Rights Abuses ◽  
Quo Vadis

The 2018 ASIL panel on the question of corporate responsibility and human rights, and in particular, my remarks on corporate responsibility and transitional justice, preceded a long-awaited United States Supreme Court decision on the question of whether foreign corporate responsibility for human rights abuses belonged in United States courts ending in a closely decided vote—dividing sharply along political lines, with the Court conservatives in splintered opinions deciding against such liability. A forceful dissent by the four liberals on the Court would have allowed the Alien Tort Claims Act (ACTA) claim to go forward.

Haunting and transitional justice: On lives, landscapes and unresolved pasts

2020 ◽  
Vol 27 (1) ◽  
pp. 3-22
Author(s):  
Cheryl Lawther
Keyword(s):  
Human Rights ◽  
Northern Ireland ◽  
Transitional Justice ◽  
Violent Conflict ◽  
Politics Of Memory ◽  
Human Rights Abuses ◽  
Call To Action ◽  
Post Conflict ◽  
Transmission Of Trauma

This article explores practices of haunting and ghosting after conflict-related loss. This is not to suggest a focus on the occult or the paranormal, but to use these phenomena as a prism through which to understand the intersection between unresolved pasts and the transmission of trauma post-conflict. As Michael Levan notes, trauma lingers ‘unexorcisably in the places of its perpetration, in the bodies of those affected, in the eyes of the witnesses, and in the politics of memory’. The ghost, according to Avery Gordon ‘is the principal form by which something lost or invisible or seemingly not there makes itself known or apparent to us’. In this article I argue for three conceptualisations of haunting when past traumas remain unaddressed: the haunting of lost lives, the haunting of landscape, and the haunting presence of the unresolved past. The article focuses on Northern Ireland, a post-conflict jurisdiction described as being haunted by a ‘conflict calendar in which every day is an anniversary’ and extensive fieldwork with victims and survivors of the conflict. The article concludes by arguing that the presence of ghosts and the experience of haunting represent a ‘call to action’ in the quest to deal with a legacy of violent conflict and human rights abuses.

scholarly journals Religion & Transitional Justice

Daedalus ◽  
2020 ◽  
Vol 149 (3) ◽  
pp. 185-200
Author(s):  
Colleen Murphy
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
Liberal Democracy ◽  
Philosophical Theory ◽  
Human Rights Abuses ◽  
The Relationship ◽  
Religious Actors ◽  
Religion And Democracy ◽  
Constitutive Element

Transitional justice refers to the process of dealing with human rights abuses committed during the course of ongoing conflict or repression, where such processes are established as a society aims to move toward a better state, and where a constitutive element of that better state includes democracy. A philosophical theory of transitional justice articulates what the moral criteria or standards are that processes of transitional justice must satisfy to qualify as just responses to past wrongdoing. This essay focuses on the roles of religion in transitional justice. I first consider the multiple and conflicting roles of religion during periods of conflict and repression. I then argue against conceptualizing transitional justice in a theologically grounded manner that emphasizes the importance of forgiveness. Finally, I discuss the prominent role that religious actors often play in processes of transitional justice. I close with the theoretical questions about authority and standing in transitional contexts that warrant further examination, questions that the roles of religious actors highlight. Thinking through the relationship between religion and democracy from the perspective of transitional justice is theoretically fruitful because it sheds more light on additional dimensions to the issue of authority than those scholars of liberal democracy have traditionally taken up.

Part IV The Right to Reparation/Guarantees of Non-Recurrence, B Guarantees of Non-Recurrence of Violations, Principle 36 Reform of State Institutions

2018 ◽  
Author(s):  
Mayer-Rieckh Alexander ◽  
Duthie Roger
Keyword(s):  
Human Rights ◽  
Latin America ◽  
Eastern Europe ◽  
Transitional Justice ◽  
Historical Context ◽  
Institutional Reform ◽  
Theoretical Framework ◽  
Historical Background ◽  
State Institutions ◽  
The Right

Principle 36 deals with institutional reform in the aftermath of human rights violations. It contains measures that focus on state institutions responsible for violations and seek to identify the causes of the violations. The measures aim to reform structures and systems that allowed, facilitated, or promoted violations, and have the potential to act as an enabling condition for other transitional justice mechanisms by weakening or removing institutional sources of opposition. This chapter first provides a contextual and historical background on Principle 36 before discussing its theoretical framework and practice. It also examines the shift in emphasis from purges, to vetting, to broader institutional reform; the influence of historical context in Latin America and Eastern Europe in particular on the articulation of the measures; and the emphasis on the preventive function of the measures.

Preface: Democratic Transition in Africa

1993 ◽  
Vol 21 (1-2) ◽  
pp. 6-7
Author(s):  
Guy Martin
Keyword(s):  
Human Rights ◽  
Soviet Union ◽  
Former Soviet Union ◽  
International System ◽  
Transition To Democracy ◽  
Political Repression ◽  
African Countries ◽  
Human Rights Abuses ◽  
New Era ◽  
Supportive Environment

Since 1989, the “winds of change” have swept throughout Africa, signaling the dawn of a new era, variously referred to as the “second independence,” or the “Springtime of Africa.” After three decades of authoritarian one- (or no) party rule characterized by political repression, human rights abuses, economic mismanagement, nepotism and corruption, democracy is spreading like bushfire throughout Africa. In 1992 an evaluation of the Carter Center’s African Governance Program, noted that 9 African countries may be described as “democratic,” 4 are under a “directed democracy” regime, and 31 are in transition to democracy, with various degrees of commitment. Popular struggles for democracy in Africa are not new, they have been here since independence. But recent changes in the structure of the international system (notably successful popular struggles for democracy in Eastern Europe and the former Soviet Union) have created a generally favorable and supportive environment for their development and maturation.

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