The Politics of Transitional Justice in Latin America

The Politics of Transitional Justice in Latin America

Author: Ezequiel A. Gonzalez-Ocantos

Publisher: Cambridge University Press

Published: 2020-02-06

Total Pages: 75

ISBN-13: 9781108799089

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How has Latin America pioneered the field of transitional justice (TJ)? Do approaches vary across the region? This Element describes Latin American innovations in trials and truth commissions, and evaluates two influential models that explain variation in TJ outcomes: the Huntingtonian and Justice Cascade approaches. It argues that scholars should complement these approaches with one that recognizes the importance of state capacity building and institutional change. To translate domestic/international political pressure and human rights norms into outcomes, states must develop 'TJ capabilities'. Not only should states be willing to pursue these highly complex policies, they must also develop competent bureaucracies.


Transitional Justice in Latin America

Transitional Justice in Latin America

Author: Elin Skaar

Publisher: Routledge

Published: 2016-10-27

Total Pages: 353

ISBN-13: 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.


Legacies of State Violence and Transitional Justice in Latin America

Legacies of State Violence and Transitional Justice in Latin America

Author: Global South Study Center (GSSC), University of Cologne

Publisher: Lexington Books

Published: 2015-10-22

Total Pages: 216

ISBN-13: 1498513867

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Legacies of State Violence and Transitional Justice in Latin America presents a nuanced and evidence-based discussion of both the acceptance and co-optation of the transitional justice framework and its potential abuses in the context of the struggle to keep the memory of the past alive and hold perpetrators accountable within Latin America and beyond. The contributors argue that “transitional justice”—understood as both a conceptual framework shaping discourses and a set of political practices—is a Janus-faced paradigm. Historically it has not always advanced but often hindered attempts to achieve historical memory and seek truth and justice. This raises the vital question: what other theoretical frameworks can best capture legacies of human rights crimes? Providing a historical view of current developments in Latin America’s reckoning processes, Legacies of State Violence and Transitional Justice in Latin America reflects on the meaning of the paradigm’s reception: what are the broader political and social consequences of supporting, appropriating, or rejecting the transitional justice paradigm?


State Terrorism and the Politics of Memory in Latin America

State Terrorism and the Politics of Memory in Latin America

Author: Gabriela Fried Amilivia

Publisher: Cambria Press

Published: 2016-01-28

Total Pages: 244

ISBN-13: 162196714X

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This book examines the intergenerational transmission of traumatic memories of the dictatorship in the aftermath of the two first decades since the Uruguayan dictatorship of 1973-1984 in the broader context of public policies of denial and institutionalized impunity. Transitional justice studies have tended to focus on countries like Argentina or Chile in the Southern Cone of Latin America. However, not much research has been conducted on the "silent" cases of transitions as a result of negotiated pacts. The literature on memory trauma and impunity has much to offer to studies of transition and post-authoritarianism. This book situates the human and cultural experience of state terrorism from the perspective of the experiences of Uruguayan families, through an in-depth ethnographic, cultural, psycho-social, and political interdisciplinary study. It will be a valuable resource to students, scholars, and practitioners who are interested in substantive questions of memory, democratization, and transitional justice, set in Uruguay's scenario, as well as to human rights policy-makers, advocates and educators and social and political scientists, cultural analysts, politicians, social psychologists, psychotherapists, and activists. It will also appeal to the general public who are interested in the problem of how to transmit the stories and meaning of traumatic experiences as a result of gross human rights violations, the cultural and generational effects of state terror, and the politics of impunity. This book is essential for collections in Latin American studies, political science, and sociology.


The Role of Courts in Transitional Justice

The Role of Courts in Transitional Justice

Author: Jessica Almqvist

Publisher: Routledge

Published: 2013-06-17

Total Pages: 359

ISBN-13: 1136579257

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Bringing together a group of outstanding judges, scholars and experts with first-hand experience in the field of transitional justice in Latin America and Spain, this book offers an insider’s perspective on the enhanced role of courts in prosecuting serious human rights violations and grave crimes, such as genocide and war crimes, committed in the context of a prior repressive regime or current conflict. The book also draws attention to the ways in which regional and international courts have come to contribute to the initiation of national judicial processes. All the contributions evince that the duty to investigate and prosecute grave crimes can no longer simply be brushed to the side in societies undergoing transitions. The Role of Courts in Transitional Justice is essential reading for practitioners, policy-makers and scholars engaged in the transitional justice processes or interested in judicial and legal perspectives on the role of courts, obstacles faced, and how they may be overcome. It is unique in its ambition to offer a comprehensive and systematic account of the Latin American and Spanish experience and in bringing the insights of renowned judges and experts in the field to the forefront of the discussion.


The Struggle for Memory in Latin America

The Struggle for Memory in Latin America

Author: Eugenia Allier-Montaño

Publisher: Springer

Published: 2016-01-12

Total Pages: 392

ISBN-13: 113752734X

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This book examines the struggles that unfolded in Latin America over the memory of the pasts of political violence experienced by the countries of the continent in the second half of the twentieth century: Argentina, Brazil, Chile, Colombia, the United States, Guatemala, El Salvador, Mexico, Paraguay, Peru, and Uruguay.


The DNA of Constitutional Justice in Latin America

The DNA of Constitutional Justice in Latin America

Author: Daniel M. Brinks

Publisher: Cambridge University Press

Published: 2018-04-19

Total Pages: 281

ISBN-13: 1107178363

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Analyzes the political roots of the systems of constitutional justice in Latin America, tracing their development over the last 40 years.


Latin American Politics and Society

Latin American Politics and Society

Author: Gerardo L. Munck

Publisher: Cambridge University Press

Published: 2022-06-09

Total Pages: 649

ISBN-13: 110886080X

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Taking a fresh thematic approach to politics and society in Latin America, this introductory textbook analyzes the region's past and present in an accessible and engaging style well-suited to undergraduate students. The book provides historical insights into modern states and critical issues they are facing, with insightful analyses that are supported by empirical data, maps and timelines. Drawing upon cutting-edge research, the text considers critical topics relevant to all countries within the region such as the expansion of democracy and citizenship rights and responses to human rights abuses, corruption, and violence. Each richly illustrated chapter contains a compelling and cohesive narrative, followed by thought-provoking questions and further reading suggestions, making this text a vital resource for anyone encountering the complexities of Latin American politics for the first time in their studies.


The Politics of Memory

The Politics of Memory

Author: Alexandra Barahona De Brito

Publisher: OUP Oxford

Published: 2001-04-05

Total Pages: 440

ISBN-13: 019152901X

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One of the most important political and ethical questions faced during a political transition from authoritarian or totalitarian to democratic rule is how to deal with legacies of repression. Indeed, some of the most fundamental questions regarding law, morality and politics are raised at such times, as societies look back to understand how they lost their moral and political compass, failing to contain violence and promote the values of tolerance and peace. The Politics of Memory sheds light on this important aspect of transitional politics, assessing how Portugal, Spain, the countries of Central and Eastern Europe and Germany after reunification, Russia, the Southern Cone of Latin America and Central America, as well as South Africa, have confronted legacies of repression. The book examines the presence - or absence - of three types of official efforts to come to terms with the past: truth commissions, trials and amnesties, and purges. In addition, it looks at unofficial initiatives emerging from within society, usually involving human rights organisations (HROs), churches or political parties. Where relevant, it also examines the 'politics of memory,' whereby societies re-work the past in an effort to come to terms with it, both during the transitions and long after official transitional policies have been implemented or forgotten. The book also assesses the significance of forms of reckoning with the past for a process of democratization or democratic deepening. It also focuses on the role of international actors in such processes, as external players are becoming increasingly influential in shaping national policy where human rights are concerned.


Post-transitional Justice

Post-transitional Justice

Author: Cath Collins

Publisher: Penn State Press

Published: 2010

Total Pages: 293

ISBN-13: 0271036877

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"Analyzes how activists, legal strategies, and judicial receptivity to human rights claims are constructing new accountability outcomes for human rights violations in Chile and El Salvador"--Provided by publisher.