Virtual Library

In Simón, the Argentine Supreme Court held that two amnesty laws, adopted in the late 1980s in order to shield authors of serious human rights violations committed during the so-called ‘Dirty War’ (1976–1983), were unconstitutional and void. Although the Argentine Congress had already repealed the two laws in 2003, uncertainty about the validity of this parliamentary decision had led to some controversy. With its decision in Simón, the Supreme Court puts an end to the legal uncertainty concerning the prosecution of serious human rights violations committed under the military regime and definitively clears the path for judicial actions against their authors. Setting aside deeply rooted national legal principles — such as statutory limitations, the principle of legality and amnesties — the Argentine Supreme Court has confirmed the role of human rights principles and of public international law in general in dealing with the most heinous crimes against humanity.

This article aims at drawing on sociological insights into reconciliation processes which emerge out of ethnic, national and state conflicts. First, the concept of reconciliation is interrogated as an instrument for sociological enquiry. The article locates the concept’s lexical origins in western/northern Christian traditions and identifies the usages of religious connotations in secularised strands of conflict resolution theory and praxis. While acknowledging the problems involved in assuming a conceptual universality, the basic meaning of the concept is located in many different historical, religious and secular traditions across the globe. Once overcoming Christiano-centric and western/northern biases and limitations, reconciliation can be retrieved and operationalised as a sociological concept for understanding and comparing ethnically and other deeply divided societies. Second, the article argues for further development of sociological comparative perspectives on how societies deal with violent and divisive past, which enhances academic knowledge and may impact policy as regards reconciliation processes, both in terms of understanding the past as well as dealing with the present and future of post-conflict societies. A sociology of conflict and reconciliation offers frames for transferring knowledge and experience that transcends simplistic assumptions and enriches understanding of the complexities of conflict and its transformations.

This article offers an interpretation of transitional justice policies – the efforts of post‐conflict and post‐dictatorship societies to address the legacy of past abuses – as a form of social control. While transitional justice is commonly conceptualized as responding to a core problem of impunity, this article argues that such formulation is too narrow and leads to lack of coherence in the analysis of the diverse array of transitional mechanisms, which include among others trials, truth commissions, reparations for victims and apologies. Building on the work of Stanley Cohen, the article contends that the core transitional problem is the denial of human rights violations, and consequently that the common purpose of all transitional justice mechanisms is to reclassify the past: redefining as deviant some acts and individuals which prior to the transition were considered ‘normal’. The article identifies and analyses three themes in the application of a social control framework to transitional justice: (1) truth, memory and retroactive social control, pertains to the way truth‐seeking transitional justice mechanisms reclassify past events by engaging in social control of and through memory; (2) censure, celebration and transitional social control refers to the reclassification of categories of individuals through expressions of both social disapproval and praise; and (3) civil society and social control from below concerns the role of social movements, organizations and groups as informal agents of social control during transitions. The concluding section recaps and briefly explores the concept of ‘good moral panic’ in the context of political transitions. While the concept of social control tends to have negative connotations for critical sociologists, this work suggests that efforts to categorize, punish and disapprove certain behaviours as deviant may not only be viewed as supporting a conservative status‐quo, but also as promoting fledging human rights norms.

The way in which mainstream human rights discourse speaks of such evils as the Holocaust, slavery, or apartheid puts them solidly in the past. Its elaborate techniques of "transitional" justice encourage future generations to move forward by creating a false assumption of closure, enabling those who are guilty to elude responsibility. This approach to history, common to late-twentieth-century humanitarianism, doesn't presuppose that evil ends when justice begins. Rather, it assumes that a time before justice is the moment to put evil in the past.

Merging examples from literature and history, Robert Meister confronts the problem of closure and the resolution of historical injustice. He boldly challenges the empty moral logic of "never again" or the theoretical reduction of evil to a cycle of violence and counterviolence, broken only once evil is remembered for what it was. Meister criticizes such methods for their deferral of justice and susceptibility to exploitation and elaborates the flawed moral logic of "never again" in relation to Auschwitz and its evolution into a twenty-first-century doctrine of the Responsibility to Protect.

With Between Vengeance and Forgiveness, Martha Minow, Harvard law professor and one of our most brilliant and humane legal minds, offers a landmark book on justice and healing after horrific violence. Remembering and forgetting, judging and forgiving, reconciling and avenging, grieving and educating -- Minow shows us why each may be necessary, yet painfully inadequate, to individuals and societies living in the wake of past horrors. She explores the rich and often troubling range of responses to massive, societal-level oppression. She writes of the legacy of war-crime prosecutions, beginning with the Nuremberg trials. She explores whether reparation -- such as the monetary awards given to Japanese-Americans for internment during World War II, or art, such as Holocaust memorials -- can be a basis for reconciliation after immeasurable personal and cultural loss. Minow also writes with informed, searching prose of the extraordinary drama of truth commissions in Argentina, East Germany, and most notably South Africa, and in the process delves into the risks and requirements involved in hearing from victims, the dynamics of gender, and the value of even imperfect gestures in the midst of these riveting experiments in justice and healing.

Ever since Nelson Mandela dramatically walked out of prison in 1990 after twenty-seven years behind bars, South Africa has been undergoing a radical transformation. In one of the most miraculous events of the century, the oppressive system of apartheid was dismantled. Repressive laws mandating separation of the races were thrown out. The country, which had been carved into a crazy quilt that reserved the most prosperous areas for whites and the most desolate and backward for blacks, was reunited. The dreaded and dangerous security force, which for years had systematically tortured, spied upon, and harassed people of color and their white supporters, was dismantled. But how could this country--one of spectacular beauty and promise--come to terms with its ugly past? How could its people, whom the oppressive white government had pitted against one another, live side by side as friends and neighbors? 

To begin the healing process, Nelson Mandela created the Truth and Reconciliation Commission, headed by the renowned cleric Archbishop Desmond Tutu. Established in 1995, the commission faced the awesome task of hearing the testimony of the victims of apartheid as well as the oppressors. Amnesty was granted to those who offered a full confession of any crimes associated with apartheid. Since the commission began its work, it has been the central player in a drama that has riveted the country. In this book, Antjie Krog, a South African journalist and poet who has covered the work of the commission, recounts the drama, the horrors, the wrenching personal stories of the victims and their families. Through the testimonies of victims of abuse and violence, from the appearance of Winnie Mandela to former South African president P. W. Botha's extraordinary courthouse press conference, this award-winning poet leads us on an amazing journey.

Country of My Skull captures the complexity of the Truth Commission's work. The narrative is often traumatic, vivid, and provocative. Krog's powerful prose lures the reader actively and inventively through a mosaic of insights, impressions, and secret themes. This compelling tale is Antjie Krog's profound literary account of the mending of a country that was in colossal need of change.

When it was first published in 1999, Crimes Against Humanity called for a radical shift from diplomacy to justice in international affairs. In vivid, non-legalese prose, leading human rights lawyer Geoffrey Robertson made a riveting case for holding political and military leaders accountable in international courts for genocide, torture, and mass murder.

Since then, fearsome figures such as Charles Taylor, Laurent Gbagbo, and Ratko Mladic have been tried in international criminal court, and a global movement has rallied around the human rights framework of justice. Any such legal framework requires constant evolution in order to stay relevant, and this newly revised and expanded volume brings the conversation up to date. In substantial new chapters, Robertson covers the protection of war correspondents, the problem of piracy, crimes against humanity in Syria, nuclear armament in Iran, and other challenges we are grappling with today. He criticizes the Obama administration's policies around "targeted killing" and the trials of Khalid Sheik Mohammed and other "high value" detainees. By rendering a complex debate accessible, Robertson once again provides an essential guide for anyone looking to understand human rights and how to work toward a more complete blueprint for justice.

Ariel Dorfman's explosively provocative, award-winning drama is set in a country that has only recently returned to democracy. Gerardo Escobar has just been chosen to head the commission that will investigate the crimes of the old regime when his car breaks down and he is picked up by the humane doctor Roberto Miranda. But in the voice of this good Samaritan, Gerardo's wife, Paulina Salas, thinks she recognizes another man--the one who raped and tortured her as she lay blindfolded in a military detention center years before.

Recognized as one of the most influential studies of memory in the late twentieth century, Pierre Nora's monumental project Les Lieux de mémoire has been celebrated for its elaboration of a ground-breaking paradigm for rethinking the relationship between the nation, territory, history and memory. It has also, however, been criticized for implying a narrow perception of national memory from which the legacy of colonialism was excluded. Driven by an increasingly critical postcolonial discourse on French historiography and fuelled by the will to acknowledge the relevance of the colonial in the making of modern and contemporary France, the present volume intends to address in a collective and sustained manner this critical gap by postcolonializing the French Republic's lieux de mémoire. The various chapters discern and explore an initial repertoire of realms and sites in France and the so-called Outremer that crystalize traces of colonial memory, while highlighting its inherent dialectical relationship with firmly instituted national memory. By making visible the invisible thread that links the colonial to various manifestations of French heritage, the objective is to bring to the fore the need to anchor the colonial in a collective memory that has often silenced it, and to foster new readings of the past as it is represented, remembered and inscribed in the nation's collective imaginary.

In a sweeping review of forty truth commissions, Priscilla Hayner delivers a definitive exploration of the global experience in official truth-seeking after widespread atrocities. When Unspeakable Truths was first published in 2001, it quickly became a classic, helping to define the field of truth commissions and the broader arena of transitional justice. This second edition is fully updated and expanded, covering twenty new commissions formed in the last ten years, analyzing new trends, and offering detailed charts that assess the impact of truth commissions and provide comparative information not previously available.

Placing the increasing number of truth commissions within the broader expansion in transitional justice, Unspeakable Truths surveys key developments and new thinking in reparations, international justice, healing from trauma, and other areas. The book challenges many widely-held assumptions, based on hundreds of interviews and a sweeping review of the literature. This book will help to define how these issues are addressed in the future.