Anti-Impunity and the Human Rights Agenda

Anti-Impunity and the Human Rights Agenda
Author: Karen Engle
Publisher: Cambridge University Press
Total Pages: 401
Release: 2016-12-15
Genre: Law
ISBN: 110707987X

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This volume presents and critiques the distorted effects of the international human rights movement's focus on the fight against impunity.

Twilight of Impunity

Twilight of Impunity
Author: Judith Armatta
Publisher: Duke University Press
Total Pages: 578
Release: 2010-07-30
Genre: Law
ISBN: 0822391791

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An eyewitness account of the first major international war-crimes tribunal since the Nuremberg trials, Twilight of Impunity is a gripping guide to the prosecution of Slobodan Milosevic for war crimes, crimes against humanity, and genocide. The historic trial of the “Butcher of the Balkans” began in 2002 and ended abruptly with Milosevic’s death in 2006. Judith Armatta, a lawyer who spent three years in the former Yugoslavia during Milosevic’s reign, had a front-row seat at the trial. In Twilight of Impunity she brings the dramatic proceedings to life, explains complex legal issues, and assesses the trial’s implications for victims of the conflicts in the Balkans during the 1990s and international justice more broadly. Armatta acknowledges the trial’s flaws, particularly Milosevic’s grandstanding and attacks on the institutional legitimacy of the International Criminal Tribunal. Yet she argues that the trial provided an indispensable legal and historical narrative of events in the former Yugoslavia and a valuable forum where victims could tell their stories and seek justice. It addressed crucial legal issues, such as the responsibility of commanders for crimes committed by subordinates, and helped to create a framework for conceptualizing and organizing other large-scale international criminal tribunals. The prosecution of Slobodan Milosevic in The Hague was an important step toward ending impunity for leaders who perpetrate egregious crimes against humanity.

Transitional Justice in Latin America

Transitional Justice in Latin America
Author: Elin Skaar
Publisher: Routledge
Total Pages: 353
Release: 2016-10-27
Genre: Law
ISBN: 1317526201

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This book addresses current developments in transitional justice in Latin America – effectively the first region to undergo concentrated transitional justice experiences in modern times. Using a comparative approach, it examines trajectories in truth, justice, reparations, and amnesties in countries emerging from periods of massive violations of human rights and humanitarian law. The book examines the cases of Argentina, Brazil, Chile, Colombia, Guatemala, El Salvador, Paraguay, Peru and Uruguay, developing and applying a common analytical framework to provide a systematic, qualitative and comparative analysis of their transitional justice experiences. More specifically, the book investigates to what extent there has been a shift from impunity towards accountability for past human rights violations in Latin America. Using ‘thick’, but structured, narratives – which allow patterns to emerge, rather than being imposed – the book assesses how the quality, timing and sequencing of transitional justice mechanisms, along with the context in which they appear, have mattered for the nature and impact of transitional justice processes in the region. Offering a new approach to assessing transitional justice, and challenging many assumptions in the established literature, this book will be of enormous benefit to scholars and others working in this area.

Impunity No More

Impunity No More
Author: Inter-American Press Association
Publisher:
Total Pages: 234
Release: 1999
Genre: Freedom of the press
ISBN:

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Torture and Impunity

Torture and Impunity
Author: Alfred W. McCoy
Publisher:
Total Pages: 426
Release: 2012-08-24
Genre: History
ISBN:

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Many Americans have condemned the “enhanced interrogation” techniques used in the War on Terror as a transgression of human rights. But the United States has done almost nothing to prosecute past abuses or prevent future violations. Tracing this knotty contradiction from the 1950s to the present, historian Alfred W. McCoy probes the political and cultural dynamics that have made impunity for torture a bipartisan policy of the U.S. government. During the Cold War, McCoy argues, the U.S. Central Intelligence Agency covertly funded psychological experiments designed to weaken a subject’s resistance to interrogation. After the 9/11 terrorist attacks, the CIA revived these harsh methods, while U.S. media was flooded with seductive images that normalized torture for many Americans. Ten years later, the U.S. had failed to punish the perpetrators or the powerful who commanded them, and continued to exploit intelligence extracted under torture by surrogates from Somalia to Afghanistan. Although Washington has publicly distanced itself from torture, disturbing images from the prisons at Abu Ghraib and Guantanamo are seared into human memory, doing lasting damage to America’s moral authority as a world leader.

International Justice Against Impunity

International Justice Against Impunity
Author: Yves Beigbeder
Publisher: Martinus Nijhoff Publishers
Total Pages: 258
Release: 2005
Genre: Law
ISBN: 900414451X

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This volume reviews the achievements and limitations of the International Criminal Tribunals for the former Yugoslavia and Rwanda, and the creation of mixed national/international courts: the Special Court for Sierra Leone and the Cambodia Tribunal. The major, unexpected and promising judiciary innovation is however the creation of the International Criminal Court in 1998, supported by the UN, European Union members and other countries, effectively promoted by NGOs, but strongly opposed by the USA. The Court will have to show that it is a fair and valuable instrument in fighting impunity at the international level.

Still Waiting for Justice

Still Waiting for Justice
Author: Kamal Pathak
Publisher: Human Rights Watch
Total Pages: 53
Release: 2009
Genre: History
ISBN: 1564325504

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Three years after a historic peace agreement ended a decade-long armed conflict, specifically promising greater respect for human rights and accountability, impunity remains firmly entrenched in Nepal. No member of the security forces or the Maoists has been held to account in civilian courts for grave human rights abuses committed during the conflict; most cases that have been filed are stalled. Human rights violations committed since the end of the conflict also continue to go unpunished: cases against suspects are routinely withdrawn, with the victims offered token amounts of money. Ending impunity for past and continuing violations is essential if Nepal is to continue to move away from violence and more firmly establish the rule of law.

No Law, No Justice, No State for Victims

No Law, No Justice, No State for Victims
Author:
Publisher:
Total Pages: 88
Release: 2020
Genre: Human rights
ISBN: 9781623138783

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It has been 14 years since the armed conflict between Maoist insurgents and government forces ended in Nepal. Tens of thousands became victims of enforced disappearances, torture, rape, and unlawful killings in the decade of fighting between 1996 and 2006. They are still waiting for truth and justice. There have been hardly any successful prosecutions since the end of the conflict for severe violations. Resistance to address past abuses has entrenched impunity in the present and, combined with a failure to ensure security sector reform, has led to repeated lack of punishment in cases of serious human rights violations which still occur in Nepal. In a mounting number of alleged extrajudicial killings by the police, custodial deaths allegedly resulting from torture, and shootings of unarmed protesters in recent years, the authorities refused to take action despite strong evidence. We conclude that failure to provide justice for past crimes creates direct and tangible harms in the present: families who lost loved ones years ago continue to seek justice and are forced to live without closure. And as new cases of abuse by the police show, impunity for past crimes means that unaccountable and abusive individuals and institutions continue to claim new victims in post-conflict Nepal.

In Plain Sight

In Plain Sight
Author: Tyrell Haberkorn
Publisher: University of Wisconsin Pres
Total Pages: 373
Release: 2018-01-09
Genre: History
ISBN: 0299314405

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Following a 1932 coup d’état in Thailand that ended absolute monarchy and established a constitution, the Thai state that emerged has suppressed political dissent through detention, torture, forced reeducation, disappearances, assassinations, and massacres. In Plain Sight shows how these abuses, both hidden and occurring in public view, have become institutionalized through a chronic failure to hold perpetrators accountable. Tyrell Haberkorn’s deeply researched revisionist history of modern Thailand highlights the legal, political, and social mechanisms that have produced such impunity and documents continual and courageous challenges to state domination.

After Violence

After Violence
Author: Elin Skaar
Publisher: Routledge
Total Pages: 232
Release: 2015-04-17
Genre: Law
ISBN: 1317696913

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After Violence: Transitional Justice, Peace, and Democracy examines the effects of transitional justice on the development of peace and democracy. Anticipated contributions of transitional justice mechanisms are commonly stated in universal terms, with little regard for historically specific contexts. Yet a truth commission, for example, will not have the same function in a society torn by long-term civil war or genocide as in a society emerging from authoritarian repression. Addressing trials, reparations, truth commissions, and amnesties, the book systematically addresses the experiences of four very different contemporary transitional justice cases: post-authoritarian Uruguay and Peru and post-conflict Rwanda and Angola. Its analysis demonstrates that context is a crucial determinant of the impact of transitional justice processes, and identifies specific contextual obstacles and limitations to these processes. The book will be of much interest to scholars in the fields of transitional justice and peacebuilding, as well as students generally concerned with human rights and democratisation.