Archive for the ‘International Law’ Category

The Archives of the International Criminal Tribunal for the Former Yugoslavia and their Relevance for Memory

BY IVA VUKUSIC Introduction In May 1993, as war was raging in the former Yugoslavia, the United Nations Security Council found itself grappling with an intractable conflict. While the U.N. response at the time was perhaps unconvincing, it ultimately resulted in a significant change to international criminal law; specifically, the establishment of the International Criminal […]

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Posted by on March 13th, 2013 Comments Off on The Archives of the International Criminal Tribunal for the Former Yugoslavia and their Relevance for Memory

Introduction: Accountability in the Aftermath of Mass Atrocity

BY JO-MARIE BURT In spring 2008, the Transitional/Transnational Justice Working Group, a group of Mason faculty and graduate students interested in issues of global justice and human rights, launched the Human Rights, Global Justice and Democracy Project. The project’s central concern is to examine how societies that experienced mass atrocity cope with the legacies of […]

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Posted by on January 24th, 2010 No Comments

Accountability in Africa: Current Practice, Future Directions

BY MARK DRUMBL Several African atrocities have become judicialized internationally.  Cases include Rwanda, Sierra Leone, Sudan, the Democratic Republic of Congo, and Uganda. An ad hoc tribunal created by the United Nations Security Council, the International Criminal Tribunal for Rwanda (ICTR), prosecutes individuals suspected of high-level involvement in the 1994 Rwandan genocide.  A hybrid (mixed) […]

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Posted by on December 15th, 2009 No Comments

The Layers of Amnesty: Evidence from Surveys of Victims in Five African Countries

DAVID BACKER INTRODUCTION The last 65 years have exhibited competing currents and ongoing debate with regards to accountability for human rights violations.1 After World War II, the Nuremberg and Tokyo war crimes tribunals convened by the Allied powers, as well as parallel legal processes in a number of countries, established key precedents for the prosecution […]

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Posted by on December 15th, 2009 No Comments

Preventing the New American “Professionalism”: Accountability for Lawyers and Health Care Professionals Shaping Torture

BY GITANJALI GUTIERREZ In the wake of September 11, 2001, the United States parted from its traditional adherence to fundamental legal principles, including domestic and international prohibitions against torture, kidnapping, disappearances, and arbitrary detention without trial.  Legal memorandum from the White House’s Office of Legal Counsel (OLC) and other government documents disclosed through the Freedom […]

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Posted by on December 15th, 2009 No Comments

Does Transitional Justice Work? Latin America in Comparative Perspective

BY TRICIA D. OLSEN, LEIGH A. PAYNE, AND ANDREW G. REITER Despite the recent proliferation of transitional justice practices and scholarship around the world, we know very little about whether and how it achieves its goals of strengthening democracy and reducing human rights violations.  Findings from the Transitional Justice Data Base (TJDB) fill that gap […]

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Posted by on December 15th, 2009 1 Comment

Reversing Accountability in South Africa: From Amnesty to Pardons and Non-Prosecutions

BY HUGO VAN DER MERWE In 1995, the South African Truth and Reconciliation Commission (TRC) introduced a mechanism that offered a morally compromised form of accountability: amnesty in exchange for public disclosure of truth.  While this was a bitter pill to swallow for the South African public and an unacceptable deal for many victims, it […]

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Posted by on December 15th, 2009 No Comments

Lessons From The Trial Of Former President Alberto Fujimori

BY RONALD GAMARRA HERRERA On April 7, 2009, the Peruvian Supreme Court’s Special Criminal Court handed down a unanimous sentence against former President Alberto Fujimori in the four cases of human rights violations for which he was on trial: collective assassinations in Barrios Altos and La Cantuta, and the abductions of journalist Gustavo Gorriti and […]

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Posted by on December 15th, 2009 No Comments