At a time when a global consensus on human rights standards seems to be emerging, this rich study steps back to explore how the idea of human rights is actually employed by activists and human rights professionals. Winifred Tate, an anthropologist and activist with extensive experience in Colombia, finds that radically different ideas about human rights have shaped three groups of human rights professionals working there--nongovernmental activists, state representatives, and military officers. Drawing from the life stories of high-profile activists, pioneering interviews with military officials, and research at the United Nations Human Rights Commission in Geneva, Counting the Dead underscores the importance of analyzing and understanding human rights discourses, methodologies, and institutions within the context of broader cultural and political debates.
Defending 'la patria,' or 'homeland,' is the historical mission claimed by Latin American armed forces. For la Patria is a comprehensive narrative history of the military's political role in Latin America in national defense and security. Latin American civil-military relations and the role of the armed forces in politics, like those of all modern nation-states, are framed by constitutional and legal norms specifying the formal relationships between the armed forces and the rest of society. In actuality, they are also the result of expectations, attitudes, values, and practices evolved over centuries-integral aspects of national political cultures. Military institutions in each Latin American nation have resulted from that country's own blend of local and imported influences, developing a distinctive pattern of civil-military relations as defender of the fatherland and guarantor of security and order. Written by Latin American specialist Brian Loveman, For la Patria includes tables, maps, photographs, and a glossary that will assist the student in better understanding the military's intervention in politics in Latin America. This new text will give students a thorough and accessible history of Latin American armed forces and their actions in Latin American politics from colonial times to the present.
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.
More than 600 women and girls have been murdered and more than 1,000 have disappeared in the Mexican state of Chihuahua since 1993. Violence against women has increased throughout Mexico and in other countries, including Argentina, Costa Rica, Guatemala, and Peru. Law enforcement officials have often failed or refused to undertake investigations and prosecutions, creating a climate of impunity for perpetrators and denying truth and justice to survivors of violence and victims’ relatives. Terrorizing Women is an impassioned yet rigorously analytical response to the escalation in violence against women in Latin America during the past two decades. It is part of a feminist effort to categorize violence rooted in gendered power structures as a violation of human rights. The analytical framework of feminicide is crucial to that effort, as the editors explain in their introduction. They define feminicide as gender-based violence that implicates both the state (directly or indirectly) and individual perpetrators. It is structural violence rooted in social, political, economic, and cultural inequalities. Terrorizing Women brings together essays by feminist and human rights activists, attorneys, and scholars from Latin America and the United States, as well as testimonios by relatives of women who were disappeared or murdered. In addition to investigating egregious violations of women’s human rights, the contributors consider feminicide in relation to neoliberal economic policies, the violent legacies of military regimes, and the sexual fetishization of women’s bodies. They suggest strategies for confronting feminicide; propose legal, political, and social routes for redressing injustices; and track alternative remedies generated by the communities affected by gender-based violence. In a photo essay portraying the justice movement in Chihuahua, relatives of disappeared and murdered women bear witness to feminicide and demand accountability. Contributors: Pascha Bueno-Hansen, Adriana Carmona López, Ana Carcedo Cabañas, Jennifer Casey, Lucha Castro Rodríguez , Angélica Cházaro, Rebecca Coplan, Héctor Domínguez-Ruvalcaba, Marta Fontenla, Alma Gomez Caballero, Christina Iturralde, Marcela Lagarde y de los Ríos, Julia Estela Monárrez Fragoso, Hilda Morales Trujillo, Mercedes Olivera, Patricia Ravelo Blancas, Katherine Ruhl, Montserrat Sagot, Rita Laura Segato, Alicia Schmidt Camacho, William Paul Simmons, Deborah M. Weissman, Melissa W. Wright
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.
The creation of the International Criminal Court (ICC) in 1998 represented an important step in the international effort to repress genocide, war crimes and crimes against humanity. As there has been enormous scholarly discussion of the ICC, it is difficult and time-consuming to obtain the best writing on the subject. This volume collects the foremost analyses of each part of the ICC to form a convenient reference tool for all those wishing to understand perhaps the most important legal development of the past two decades.
This book examines the criminalisation of denials of genocide and of other mass atrocities in Europe and discusses the implications of protecting institutional historical memory through criminal law. The analysis highlights the tensions with free speech, investigating the relationship between criminal law and historical memory. The book paves the way for a broader discussion about fake news, ‘post-truth’ scenarios, and free expression in a digital world. The author underscores the need to protect well-founded factual records from the dangers of misinformation. Historical denialism and the related jurisprudence represent a key step in exploring this complex field. The book combines an interdisciplinary approach with criminal law methodology. It is primarily aimed at academics, practitioners and others who wish to deepen their understanding of historical denialism, remembrance laws, ‘speech crimes’ and freedom of expression. Emanuela Fronza is Senior Research Fellow in Criminal Law and Lecturer in International and European Criminal Law at the School of Law, University of Bologna. She is a Principal Investigator within the EU research consortium Memory Laws in European and Comparative Perspectives funded by HERA (Humanities in the European Research Area).
