Transitional Justice in Latin America


Book Description

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 Politics of Transitional Justice in Latin America


Book Description

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.




The Role of Courts in Transitional Justice


Book Description

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.




Post-transitional Justice


Book Description

"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.




The Struggle for Memory in Latin America


Book Description

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.




Seeking Human Rights Justice in Latin America


Book Description

This book studies how victims of human rights violations in Latin America, their families, and their advocates work to overcome entrenched impunity and seek legal justice. Their struggles show that legal justice is a multifaceted process, the overarching purpose of which is to restore human dignity and prevent further violence. Uncovering, revealing, and proving the truth are essential elements of legal justice, and are also powerful tools to activate the process. When faced with stubborn impunity at home, victims, families, and advocates can carry on their work for legal justice by bringing cases in courts in other countries or in the Inter-American human rights system. These extra-territorial courts can jumpstart the process of legal justice at home. Seeking Human Rights Justice in Latin America examines the political and legal struggle through the lens of the human story at the heart of these cases.




Memory, Truth, and Justice in Contemporary Latin America


Book Description

This powerful text provides the first systematic analysis of the second wave of memory and justice mobilization throughout Latin America. Pairing clear explanations of concepts and debates with case studies, the book offers a unique opportunity for students to interpret the history and politics of Latin American countries. The contributors provide insight into human rights issues and grassroots movements that are essential for a broader understanding of struggles for justice, memory, and equality across the globe, especially during our current unsettled times of political polarization, violence, repression, and popular resistance worldwide.




The DNA of Constitutional Justice in Latin America


Book Description

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




State Terrorism and the Politics of Memory in Latin America


Book Description

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 Latin American Casebook


Book Description

Traditionally relegated because of political pressure and public expectations, courts in Latin America are increasingly asserting a stronger role in public and political discussions. This casebook takes account of this phenomenon, by offering a rigorous and up-to-date discussion of constitutional adjudication in Latin America in recent decades. Bringing to the forefront the development of constitutional law by Latin American courts in various subject matters, the volume aims to highlight a host of creative arguments and solutions that judges in the region have offered. The authors review and discuss innovative case law in light of the countries’ social, political and legal context. Each chapter is devoted to a discussion of a particular area of judicial review, from freedom of expression to social and economic rights, from the internalization of human rights law to judicial checks on the economy, from gender and reproductive rights to transitional justice. The book thus provides a very useful tool to scholars, students and litigants alike.