The Myrna Mack Case

The Myrna Mack Case

Author: National Academy of Engineering

Publisher: National Academies Press

Published: 1998-04-24

Total Pages: 26

ISBN-13: 030906077X

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Assessing the Long-Term Impact of Truth Commissions

Assessing the Long-Term Impact of Truth Commissions

Author: Anita Ferrara

Publisher: Routledge

Published: 2014-09-19

Total Pages: 269

ISBN-13: 131780466X

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In 1990, after the end of the Pinochet regime, the newly-elected democratic government of Chile established a Truth and Reconciliation Commission (TRC) to investigate and report on some of the worst human rights violations committed under the seventeen-year military dictatorship. The Chilean TRC was one of the first truth commissions established in the world. This book examines whether and how the work of the Chilean TRC contributed to the transition to democracy in Chile and to subsequent developments in accountability and transformation in that country. The book takes a long term view on the Chilean TRC asking to what extent and how the truth commission contributed to the development of the transitional justice measures that ensued, and how the relationship with those subsequent developments was established over time.It argues that, contrary to the views and expectations of those who considered that the Chilean TRC was of limited success, that the Chilean TRC has, in fact, over the longer term, played a key role as an enabler of justice and a means by which ethical and institutional transformation has occurred within Chile. With the benefit of this historical perspective, the book concludes that the impact of truth commissions in general needs to be carefully reviewed in light of the Chilean experience. This book will be of great interest and use to students and scholars of conflict resolution, criminal international law, and comparative legal systems in Latin America.


Still Life with Bones

Still Life with Bones

Author: Alexa Hagerty

Publisher: Crown

Published: 2023-03-14

Total Pages: 321

ISBN-13: 0593443144

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New York Times Book Review Editors’ Choice • An anthropologist working with forensic teams and victims’ families to investigate crimes against humanity in Latin America explores what science can tell us about the lives of the dead in this haunting account of grief, the power of ritual, and a quest for justice. “Absorbing . . . multifaceted and elegiac . . . Still Life with Bones captures the ethos that drives the search—often tireless and against the odds—for truth.”—The New York Times “Exhumation can divide brothers and restore fathers, open old wounds and open the possibility of regeneration—of building something new with the ‘pile of broken mirrors’ that is memory, loss, and mourning.” Throughout Guatemala’s thirty-six-year armed conflict, state forces killed more than two hundred thousand people. Argentina’s military dictatorship disappeared up to thirty thousand people. In the wake of genocidal violence, families of the missing searched for the truth. Young scientists joined their fight against impunity. Gathering evidence in the face of intimidation and death threats, they pioneered the field of forensic exhumation for human rights. In Still Life with Bones, anthropologist Alexa Hagerty learns to see the dead body with a forensic eye. She examines bones for marks of torture and fatal wounds—hands bound by rope, machete cuts—and also for signs of identity: how life shapes us down to the bone. A weaver is recognized from the tiny bones of the toes, molded by kneeling before a loom; a girl is identified alongside her pet dog. In the tenderness of understanding these bones, forensics not only offers proof of mass atrocity but also tells the story of each life lost. Working with forensic teams at mass grave sites and in labs, Hagerty discovers how bones bear witness to crimes against humanity and how exhumation can bring families meaning after unimaginable loss. She also comes to see how cutting-edge science can act as ritual—a way of caring for the dead with symbolic force that can repair societies torn apart by violence. Weaving together powerful stories about investigative breakthroughs, histories of violence and resistance, and her own forensic coming-of-age, Hagerty crafts a moving portrait of the living and the dead.


Regional Protection of Human Rights

Regional Protection of Human Rights

Author: Dinah Shelton

Publisher: Oxford University Press, USA

Published: 2008

Total Pages: 1197

ISBN-13: 0199744742

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The international protection of human rights is generally recognized as a fundamental aim of modern international law. Even a cursory review of legal systems for the protection of human rights demonstrates the rapid expansion of this field since the end of World War II. During this period, nearly all global and regional organizations have adopted human rights standards and addressed human rights violations by member states. As a consequence, no state today can claim that its treatment of those within its jurisdiction is a matter solely of domestic concern. In this book, Dinah Shelton examines the development of regional organizations and the role that human rights plays in them. It examines in particular the question of what human rights obligations states assume upon joining the regional bodies and how regional concern with human rights intersects with the global system elaborated in the context of the United Nations. This work is the first devoted to the European, Inter-American and African systems for the protection of human rights. It also discusses the prospects for regional systems in the Middle East and Asia. The Jurisprudence of the European and Inter-American Courts and decisions of the Inter-American and African Commissions are emphasized, including decisions on the interpretation and application of various human rights, procedural requirements and remedies. The book aims to expose the readers to the basic documents of each system and their inter-relationships, to enable the audience to apply those documents to ever-changing fact situations, and to alert them to the dynamic nature of regional human rights law and institutions. It also seeks to relate regional systems to national law and to the global system for the protection of human rights. Regional Protection of Human Rights illustrates how international human rights law is interpreted and implemented. The selections offer examples of political, economic and social problems as well as legal issues to show the significant impact of international human rights law institutions on the constitutions, law, policies, and societies of the regions. In addition to serving as a text for courses on human rights law, the book will be useful for courses in international law, international relations, and political science. It will also be a helpful resource for lawyers and policy-makers concerned with the protection of human rights.


Remedies in International Human Rights Law

Remedies in International Human Rights Law

Author: Dinah Shelton

Publisher: Oxford University Press, USA

Published: 2015

Total Pages: 513

ISBN-13: 0199588821

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Dinah Shelton provides a comprehensive treatment of remedies for human rights violations reviews the jurisprudence of international tribunals on these violations. The text provides a theoretical framework and a practical guide for lawyers, judges, and academics interested in human rights law.


The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations

The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations

Author: Juan Carlos Ochoa S.

Publisher: Martinus Nijhoff Publishers

Published: 2013-02-05

Total Pages: 333

ISBN-13: 9004212167

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The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations addresses a question of critical importance to policy-makers, international lawyers, academics, and affected societies throughout the world: Should victims of serious human rights violations be granted under international law the rights of access to and participation in criminal proceedings before international, hybrid and domestic tribunals? Juan Carlos Ochoa applies a thorough analysis of international and comparative domestic law and practice to this question, taking into account a host of international human rights instruments and case law, the theory, law and practice of international and hybrid criminal tribunals, the law and practice in several domestic jurisdictions, and many theoretical and empirical studies. After first determining the current state of, and emerging trends in, international law in this area, he argues that the lack of recognition of these rights under customary international law is inadequate, because access to and participation in criminal proceedings for victims of these infringements are based on several internationally recognised human rights and principles, contribute to the expressivist objectives of these procedures, and are consistent with the principles that inform the enforcement of criminal law in democratic States. On this basis, Ochoa convincingly suggests concrete reforms.


The Landmark Rulings of the Inter-American Court of Human Rights on the Rights of the Child

The Landmark Rulings of the Inter-American Court of Human Rights on the Rights of the Child

Author: Mónica Feria Tinta

Publisher: BRILL

Published: 2008-03-31

Total Pages: 696

ISBN-13: 9047432851

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This is the first comprehensive treatment of the topic of the Rights of the Child as reflected in the jurisprudence of the Inter-American Court of Human Rights. It reviews all decisions of the Inter-American Court relating to the Rights of the Child and analyses the principles held therein making them available to practitioners, academics and students of this area of the law.


What Happened to the Women?

What Happened to the Women?

Author: Ruth Rubio-Marín

Publisher: SSRC

Published: 2006

Total Pages: 350

ISBN-13: 0979077206

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What happens to women whose lives are affected by human rights violations? What happens to their testimony in court or in front of a truth commission? Women face a double marginalization under authoritarian regimes and during and after violent conflicts. Yet reparations programs are rarely designed to address the needs of women victims. What Happened to the Women? Gender and Reparations for Human Rights Violations emphasizes the necessity of a gender dimension in reparations programs to improve their handling of female victims and their families. A joint project of the International Center for Transitional Justice and Canada's International Development Research Centre, What Happened to the Women? includes studies of gender and reparations policies in Guatemala, Peru, Rwanda, Sierra Leone, South Africa, and Timor-Leste. Contributors represent a wide range of fields related to transitional justice and include international human rights lawyers, members of truth and reconciliation commissions, and NGO representatives.


International Law and Reparations

International Law and Reparations

Author: Claudio Grossman

Publisher: Clarity Press

Published: 2018-02-24

Total Pages: 871

ISBN-13: 0997896582

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This book presents the most thorough analysis to date on the jurisprudence of the Inter-American Court of Human Rights (IACtHR) concerning full reparations. This jurisprudence interprets Article 63 of the American Convention on Human Rights. In its interpretation of the Convention, the IACtHR is guided by the important notion that human rights instruments should be interpreted in light of its object and purpose, in accordance with the State members of the Organization of the American States. The Court’s jurisprudence ensures that victims of human rights violations are awarded not only monetary compensation in cases, but also a full array of reparations designed to restore their dignity and reaffirm the value of the rule of law. Accordingly, reparation also includes moral compensation, guarantees of non repetition, and truth as a measure of satisfaction. More specifically, the book explores the notions of “fair remedy,” “injured party,” and the possibility of achieving “restitutio in integrum” for human rights violations through an analysis of decisions issued by the Inter-American Court. The book urges its reader to consider not only the current status of the law, but also the role played by victims, lawyers, Commissioners, and Judges in its jurisprudential development. As a living instrument, the value of the American Convention depends in great part on their actions and decisions. This book, by presenting the role of the different actors through concrete cases that shaped the system, encourages everyone to think how the System should continue to satisfy the aspirations of justice in cases of human rights violations.


Out of the Ashes

Out of the Ashes

Author: Koen Feyter

Publisher: Intersentia nv

Published: 2005

Total Pages: 543

ISBN-13: 9050954510

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Over the last decade, the issue of reparation for victims of gross and systematic human rights violations has given rise to intense debates at the national and the international level. Discussions particularly arise in post-conflict situations characterised by serious violations of human rights, such as genocide, crimes against humanity, war crimes, and other forms of injustice of the past. Crucial questions include: what harm inflicted to victims warrants reparation? when and how to repair the harm? who is eligible for reparation and who has the duty to repair? These and other questions raise many challenging issues for theory and practice. This volume contains the contributions presented at an international conference in Brussels, in February 2005, on the right to reparation for victims of serious human rights violations. It also includes the final report of a research project undertaken jointly at the Universities of Antwerp (UA) and Leuven (K.U.Leuven) between 2000 and 2004 on the right to reparation in international law for victims of gross and systematic human rights violations, both from a legal and a socio-political perspective. The present volume is aimed at academics, policy-makers, national and international courts and tribunals, the legal professions, and civil society at large.