Transitional Amnesty In South Africa
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Author | : Antje du Bois-Pedain |
Publisher | : Cambridge University Press |
Total Pages | : 420 |
Release | : 2007-12-20 |
Genre | : Law |
ISBN | : 9780521878296 |
Download Transitional Amnesty in South Africa Book in PDF, Epub and Kindle
After the transition to democracy in 1994, South Africa reached out to perpetrators of violence from all conflicting parties by giving amnesty to those who fully disclosed their politically motivated crimes. This 2007 volume provides a comprehensive analysis of South Africa's amnesty scheme in its practical and normative dimensions. Through empirical analysis of over 1000 amnesty decisions made by the Amnesty Committee of the Truth and Reconciliation Commission, the study measures the scheme against its stated goals of truth recovery, victim empowerment and perpetrator accountability. It also explores normative questions raised by the absence of punishment. Highlighting the distinctive nature of South Africa's conditional amnesty as an exceptional 'rite of passage' into the new, post-conflict society, it argues that the amnesty scheme is best viewed as an attempt to construct a new 'justice script' for a society in transition, in which a legacy of politically motivated violence is being addressed.
Author | : Andrea Lollini |
Publisher | : Berghahn Books |
Total Pages | : 240 |
Release | : 2011 |
Genre | : History |
ISBN | : 1845457641 |
Download Constitutionalism and Transitional Justice in South Africa Book in PDF, Epub and Kindle
Over the last fifteen years, the South African postapartheid Transitional Amnesty Process – implemented by the Truth and Reconciliation Commission (TRC) – has been extensively analyzed by scholars and commentators from around the world and from almost every discipline of human sciences. Lawyers, historians, anthropologists and sociologists as well as political scientists have tried to understand, describe and comment on the ‘shocking’ South African political decision to give amnesty to all who fully disclosed their politically motivated crimes committed during the apartheid era. Investigating the postapartheid transition in South Africa from a multidisciplinary perspective involving constitutional law, criminal law, history and political science, this book explores the overlapping of the postapartheid constitution-making process and the Amnesty Process for political violence under apartheid and shows that both processes represent important innovations in terms of constitutional law and transitional justice systems. Both processes contain mechanisms that encourage the constitution of the unity of the political body while ensuring future solidity and stability. From this perspective, the book deals with the importance of several concepts such as truth about the past, publicly shared memory, unity of the political body and public confession.
Author | : Paul Gready |
Publisher | : Routledge |
Total Pages | : 607 |
Release | : 2010-10-18 |
Genre | : Law |
ISBN | : 1136902198 |
Download The Era of Transitional Justice Book in PDF, Epub and Kindle
The Era of Transitional Justice explores a broad set of issues raised by political transition and transitional justice through the prism of the South African TRC. South Africa constitutes a powerful case study of the enduring structural legacies of a troubled past, and of both the potential and limitations of transitional justice and human rights as agents of transformation in the contemporary era. South Africa‘s story has wider relevance because it helped to launch constitutional human rights and transitional justice as global discourses; as such, its own legacy is to some extent writ large in post-authoritarian and post-conflict contexts across the world. Based on a decade of research, and in an analysis that is both comparative and interdisciplinary, Paul Gready maintains that transitional justice needs to do more to address structural violence and in particular poverty, inequality and social and criminal violence as these have emerged as stubborn legacies from an oppressive or war-torn past in many parts of the world. Organised around four central themes new keyword conceptualisation (truth, justice, reconciliation); re-imagining human rights; engaging with the past and present; remaking the public sphere it is an argument that will be of considerable relevance to those interested in the law and politics of transitional societies.
Author | : Asger Janfelt |
Publisher | : |
Total Pages | : |
Release | : 2002 |
Genre | : |
ISBN | : |
Download Transitional Justice and Amnesty for Political Offences in South Africa Book in PDF, Epub and Kindle
Author | : Antje du Bois-Pedain |
Publisher | : Cambridge University Press |
Total Pages | : 422 |
Release | : 2011-08-25 |
Genre | : Law |
ISBN | : 9781107404014 |
Download Transitional Amnesty in South Africa Book in PDF, Epub and Kindle
After the transition to democracy in 1994, South Africa reached out to perpetrators of violence from all conflicting parties by giving amnesty to those who fully disclosed their politically motivated crimes. This 2007 volume provides a comprehensive analysis of South Africa's amnesty scheme in its practical and normative dimensions. Through empirical analysis of over 1000 amnesty decisions made by the Amnesty Committee of the Truth and Reconciliation Commission, the study measures the scheme against its stated goals of truth recovery, victim empowerment and perpetrator accountability. It also explores normative questions raised by the absence of punishment. Highlighting the distinctive nature of South Africa's conditional amnesty as an exceptional 'rite of passage' into the new, post-conflict society, it argues that the amnesty scheme is best viewed as an attempt to construct a new 'justice script' for a society in transition, in which a legacy of politically motivated violence is being addressed.
Author | : Russell Daye |
Publisher | : Wipf and Stock Publishers |
Total Pages | : 225 |
Release | : 2011-12-15 |
Genre | : Religion |
ISBN | : 1610976991 |
Download Political Forgiveness Book in PDF, Epub and Kindle
A timely look at how to combine reconciliation and justice in society after civil and political conflict.
Author | : Ole Bubenzer |
Publisher | : BRILL |
Total Pages | : 272 |
Release | : 2009-10-31 |
Genre | : Law |
ISBN | : 9047430476 |
Download Post-TRC Prosecutions in South Africa Book in PDF, Epub and Kindle
After the transition to democracy in 1994, South Africa implemented an innovative scheme at the Truth and Reconciliation Commission, granting perpetrators conditional amnesty. It essentially calls for the prosecution of those who did not receive amnesty for the crimes they committed during the apartheid conflict. This book provides the first comprehensive analysis of prosecutions after the amnesty process. Drawing on interviews with key protagonists and largely unpublished documents, the volume analyses trials and the political background. It scrutinises the issue in the normative framework of national and international human rights law, and addresses whether the prosecutions were adequately carried out. The study thus allows a concluding evaluation of the justice and consistency of South Africa’s internationally acclaimed amnesty process.
Author | : Mia Swart |
Publisher | : BRILL |
Total Pages | : 324 |
Release | : 2017-08-28 |
Genre | : Law |
ISBN | : 9004339566 |
Download The Limits of Transition: The South African Truth and Reconciliation Commission 20 Years on Book in PDF, Epub and Kindle
The South African Truth and Reconciliation Commission was a noble attempt to begin to address the continuing traumatic legacy of Apartheid. This interdisciplinary collection critiques the work of the TRC 20 years since its establishment. Taking the paralysing political and social crises of the mid-1990s in South Africa as starting point, the book contains a collection of responses to the TRC that considers the notions of crisis, judgment and social justice. It asks whether the current political and social crises in South Africa are linked to the country’s post-apartheid transitional mechanisms, specifically, the TRC. The fact that the material conditions of the lives of many Apartheid victims have not improved, forms a major theme of the book. Collectively, the book considers the ‘unfinished business’ of the TRC.
Author | : Jeremy Sarkin |
Publisher | : Intersentia nv |
Total Pages | : 456 |
Release | : 2004 |
Genre | : Law |
ISBN | : 9050954006 |
Download Carrots and Sticks Book in PDF, Epub and Kindle
This book is about the South African amnesty process. Many of the most well-known cases are investigated. The content of many of the amnesty decisions are investigated to see how the Amnesty Committee applied the amnesty law and whether the decisions were fair and consistent.
Author | : Gerhard Werle |
Publisher | : BWV Verlag |
Total Pages | : 283 |
Release | : 2006-01-01 |
Genre | : Amnesty |
ISBN | : 383051154X |
Download Justice in Transition - Prosecution and Amnesty in Germany and South Africa Book in PDF, Epub and Kindle
"The project on 'Criminal Justice and the East German Past' held an international symposium ... from 6 to 9 April 2005 at the Humboldt University in Berlin"--Page v.