Post-transitional Justice: Human Rights Trials in Chile and by Cath Collins

By Cath Collins

Latin the US continues to be facing the legacy of terror and torture from its authoritarian previous. within the years after the recovery of democratic governments in nations the place violations of human rights have been such a lot rampant, the efforts to carry former executive officers responsible have been ordinarily carried out on the point of the kingdom, via publicly appointed fact commissions and different such units. This level of “transitional justice” has been conscientiously and exhaustively studied. yet as this primary wave of efforts died down, with many nonetheless left unhappy that justice have been rendered, a brand new strategy started to take over. In Post-transitional Justice, Cath Collins examines the precise nature of this method, which mixes evolving criminal concepts via inner most actors with alterations in household judicial structures. Collins provides either a theoretical framework and a finely specified research of the way this has performed out in international locations, Chile and El Salvador. Drawing on greater than 300 interviews, Collins analyzes the explanations why the method completed relative luck in Chile yet didn't in El Salvador.

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Extra resources for Post-transitional Justice: Human Rights Trials in Chile and El Salvador

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These kinds of treaty undertakings have been central to many post hoc challenges to transitional impunity. 18 post-transitional justice Later transitional experiences do give some grounds for concluding that individual states are growing readier to admit international law commitments into the transitional policy mix. 25 Roht-­Arriaza (1995) suggests that the apparent aversion of states to the internationalization of accountability hides a gradual process of “norm creation and diffusion,” which has increased the domestic salience of international standards.

2. Although in practice private actions have been in the majority. Political will has proved scarce, with the notable exception of Argentina from 2003. See below. 22 post-transitional justice post-­transitional challenges to earlier settlements, where they arise, generally focus on accountability as the least complete and therefore most contested element of the truth, justice, and reconciliation triad. Where initial state decisions have included the closing off of future justice claims by amnesty, however, future reversal of an initial anti-­prosecution policy is made extremely difficult (see below).

Characteristics of Post-­transitional Justice Post-­transitional justice activity, in the form of continued or renewed contestation over accountability for past HRVs, can be observed in a number of present-­day post-­transitional settings in Latin America. Six characteristics of post-­transitional justice distinguish it clearly from the transitional justice school of thought and practice analyzed in the preceding chapter. First, where transitional justice is centrally concerned with attaining and preserving the minimum institutional requirements of formal democracy, post-­transitional justice focuses on subsequent questions of the quality, reach, and perfectibility of that democracy.

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