Transitional Justice: How Emerging Democracies Reckon with Former Regimes, Volume 1

Capa
Neil J. Kritz
US Institute of Peace Press, 1995 - 672 páginas
"As nations move from repression to democracy, or from war to peace, the legacy of past abuses can be a heavy burden. How can a society peacefully integrate both the personnel and the victims of the former regime? How can it achieve both justice and reconciliation? USIP helped shape the field of "transitional justice" and its three-volume collection Transitional Justice: How Emerging Democracies Reckon with Former Regimes is a path breaking resource for practitioners and policymakers grappling with these difficult problems in numerous countries. The volumes cover legal, political and philosophical perspectives, and draws upon the experience of more than 20 transitions from World War II through the end of the century." --Publisher.
 

Índice

The Relationship Between Justice and the Prospects
3
Statutes of Limitations
5
The Purge of Nazi Personnel
19
Justice After Transitions
32
Assessment of Denazification
40
Report of
42
Compensation for Victims
46
Decree Creating the Commission of Inquiry into the Crimes
48
Spain
297
Argentina
323
International Truth Commissions and Justice
326
On the Choices Successor Elites
337
Trial by Fiat of the Successor Regime
350
Act on the Illegality of the Communist Regime
366
The Duty to Prosecute Human Rights
375
Uruguay
383

Four Decades Later
63
Twentieth Century
65
France
71
Latin American Southern Cone
82
Questionnaires Developed by the Commission of Inquiry
94
The Political Arena
102
Make in Dealing With the Past
104
Report of the National Commission on Truth
105
The End of Decommunization
116
Breakdown and Reequilibration
123
Denmark
127
of Authoritarianism and Totalitarianism
132
Belgium
141
Dealing with the Legacy of Past Human Rights Abuses?
146
Italy
153
Perspectives on Accountability and Moral
155
What Should Be Done About the Guilty?
172
Mexico Peace AgreementsProvisions Creating
174
Punishment or Pardon Conference Report
184
The Final Phase
186
Assessment of the Purge
201
The Dilemma of New Democracies Confronting Past
203
South Korea
205
Law Creating the Commission of Inquiry on Working
216
Policy Statement on Accountability for Past Abuses
217
Study
219
Commissions
223
Post1987
238
Report of the Forster Commission of Inquiry
249
A Historical Account
253
Legal Notice Creating the Commission of Inquiry into
255
Latin America
262
Portugal
283
Prior Regimes and Individual Rights
290
Purge and Screening
291
The United Nations Truth Commission for El Salvador
292
the Armed Forces
386
Settling Accounts
393
The Duty to Punish Past Abuses of Human
417
Government Positions
427
Brazil
431
Constitutional Court Decision on the Banning of
436
A Reply to Professor Nino
437
Responsibility of Superiors and Subordinates
439
Chile
453
Command Responsibility for War Crimes
456
Prosecution and Amnesty
457
Limiting the Public Role
459
The National Commission on Truth and Reconciliation
461
Longer be Contested
481
A Lesser Evil?
484
Settling Accounts with Torturers
491
Seminar on the Right to Restitution Compensation
500
The Reparations Program
502
Concerning the Right to Restitution Compensation
505
Uganda
511
Presidential Pardons
528
Czechoslovakia
533
Collaborators Special Tribunal Order
540
Compensating Victims of Human
545
Law on General Amnesty for the Consolidation
546
Rights Abuses
551
Proclamation Establishing the Office of
556
An Argument Against Post
566
Compensation and Restitution in Czechoslovakia
569
Preliminary Reflections from a Psychological Perspective
572
Trial of Border Guards
576
Organization of American States InterAmerican Court
586
Country Studies
593
Laws Rulings and Reports
602
Hungary 645
Direitos de autor

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Acerca do autor (1995)

Neil J. Kritz is the Associate Vice President of the Institute's Rule of Law Program, which focuses on advancing peace through the development of democratic legal and governmental systems. Kritz conducts ongoing research, writing, and consultation on the question of how societies deal with a legacy of past abuses. He is the editor of a three-volume work, Transitional Justice: How Emerging Democracies Reckon with Former Regimes, and he has provided advice and organized conferences on questions of war crimes and mass abuses in Bosnia and Herzegovina, Cambodia, Guatemala, Indonesia, Rwanda, Sierra Leone, and South Africa.In 1990-91, at the request of the Russian Constitutional Commission, Kritz coordinated two expert reviews of the draft Russian constitution. He directs Institute working groups on humanitarian law, constitution-making, and the administration of justice during peacekeeping operations.Since 1999, he has chaired a Palestinian-Israeli legal dialogue. At the request of the United States Department of Defense, Kritz prepared a curriculum on international law and the promotion of democracy for use in training United States and foreign military officials.He has studied and written on the advancement of the rule of law through regional organizations such as the Organization for Security and Cooperation in Europe. Before coming to the Institute, Kritz served as special assistant to the chairman at the Administrative Conference of the United States. He holds a J.D. from American University's Washington College of Law.

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