To see the other types of publications on this topic, follow the link: Truth and justice.
Dissertations / Theses on the topic 'Truth and justice'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 dissertations / theses for your research on the topic 'Truth and justice.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse dissertations / theses on a wide variety of disciplines and organise your bibliography correctly.
1
Konell, Marissa Ginger. "Truth, justice, and the war on terror." Fairfax, VA : George Mason University, 2009. http://hdl.handle.net/1920/5632.
Full textAbstract:
Thesis (M.A.)--George Mason University, 2009.Vita: p. 108. Thesis director: John Barclay Burns. Submitted in partial fulfillment of the requirements for the degree of Master of Arts in Interdisciplinary Studies. Title from PDF t.p. (viewed Nov. 11, 2009). Includes bibliographical references (p. 98-107). Also issued in print.
2
Stevenson, Michael C. "Habermas and Lyotard on truth and justice." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp01/MQ58090.pdf.
Full text
3
Dollar, Lauren. "Truth and reconciliation at the grassroots : community truth processes in the Southern United States." Master's thesis, University of Cape Town, 2008. http://hdl.handle.net/11427/10348.
Full textAbstract:
Includes bibliographical references (leaves 94-98).Truth commissions are implemented in order to "deal with the past" in the context of a transition in government from authoritarian to democratic rule. At the center of a truth commission is a truth process that attempts to establish the experience of gross human rights abuse at the hands of the state, and does so in a way which places the victims of such abuse at the center of the process, through valuing victim testimony as "truth." It is done with the assumption in mind, that in order for a society, or community, to have healthy relations in the future, violent past experiences must be faced and dealt with. Communities at a local level have imitated the structure, goals and procedures of truth commissions in projects that have been termed "Unofficial Truth Projects." This thesis compares three case studies of unofficial truth projects which have taken place in the Southern United States in the past few years: The Greensboro Truth and Reconciliation Commission in Greensboro, North Carolina, which sought to establish a community reconciliation process 25 years after what has come to be known as the "Greensboro Massacre"; and two civil-society based truth processes, the Katrina National Justice Commission and the International Tribunal on Hurricanes Katrina and Rita, which seek to establish truth and gain reparations for human rights abuses which have taken place in the aftermath of Hurricane Katrina in New Orleans. The author considers various projects in a comparative manner, and through examining their histories, structures and ideological make-up, analyzes the processes in terms how these factors affect the ability for the project to: gain legitimacy as a truth process, generate resources and support, acknowledge victims' experiences, and engage the community in reconciliation efforts. The author also echoes the calls for a shift in paradigm in reconciliation and transitional justice literature, which would allow for a space to exist for truth processes that may be unofficial and fall outside a context of a formal transition. Such processes could still greatly benefit communities living in post-conflict contexts and with histories of racial and political violence, such as many communities in the Southern United States.
4
Buisman, Caroline Madeline. "Ascertainment of the truth in international criminal justice." Thesis, Brunel University, 2012. http://bura.brunel.ac.uk/handle/2438/6555.
Full textAbstract:
This thesis seeks to answer the principal question as to whether international criminal justice systems can serve as adequate truth-ascertaining forums. In doing so, it reviews the practice of three international criminal justice systems: the International Criminal Tribunal for the former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Court (ICC). It is not the purpose of this research to review the black letter law adopted and applied by these international tribunals and court, but rather to review the implementation of the legal principles in practice. It is a socio-legal research project which focuses on the practice of the tribunals and court. It discusses socio-legal, institutional and political issues relating to the ascertainment of the truth in international criminal justice. In addition, it examines the gaps between the theory and practice of ascertaining the truth in the ICTY, ICTR and ICC. It does so principally by exploring the roles of the parties, participants and judges in ascertaining the truth. This includes the obstacles they face in doing so and the responses given, if any, to accommodate these difficulties. Challenges include the politicised climate of most post-conflict societies, the remoteness of the crime base areas from the seat of the Court, the lack of enforcement mechanisms and reliance on State cooperation, as well as the unfamiliarities with the cultural and linguistic features of the affected communities. This thesis reveals that these difficulties are not the principal cause of truth-searching impediments. Indeed, it is asserted that the ascertainment of the truth can be fair and effective notwithstanding these difficulties. It also demonstrates that truth-ascertaining impediments are mainly caused by failures to adequately investigate the crimes and relevant evidence. At the ICTY, investigations have been carried out in the most efficient and fair manner possible under the circumstances. By contrast, the ICTR and ICC investigations are far from adequate and should be improved. The Prosecution should make more efforts to obtain the best evidence available. It further concludes that international justice systems have set their goals too highly. Instead of seeking to meet objectives such as reconciliation, peace and security, they should restrict their focus to the question as to whether the guilt of a particular accused has been established in respect of the crimes charged.
5
Hellenbach, Michael. "Justice or truth? : alleged offenders with intellectual disabilities in the criminal justice system." Thesis, University of Chester, 2011. http://hdl.handle.net/10034/312148.
Full textAbstract:
This PhD study examines how people who are intellectually impaired are processed within the criminal justice system. In this context it analyses the understanding of intellectual disabilities, criminal justice decision-making processes, and the constructon of crime and punishment by professionals involved in criminal justice. Despite significant changes in mental health legislation and greater awareness by professionals of issues around intellectually disabled offenders, previous research has demonstrated that this population remains disadvantaged when coming into contact with the criminal justice system. The study focuses on how the criminal justice system maintains its traditional way of operating when engaging with people who are impaired in their intellectual capacities and who, therefore, often have difficulties in processing information and understanding complex situations. The study draws on qualitative data generated through thirty five unstructured interviews with custody sergeants, forensic examiners, prosecutors, magistrates, judges and probation officers from three regions in the North West of England: Cheshire, Merseyside and Greater Manchester. Through those interviews, the provision of support to alleged offenders is examined and the process of legal representation evaluated. By analysing decision-making processes around vulnerable defendants, two conflicting views that influence cimrinal justice professionals in their strategic behaviour were identified: protecting offenders' rights and protecting the public from criminal behaviour. It is argued that the criminal justice system draws its normative and enforcement powers from a 'discourse of truth' that concentrates on capacity and intent. Defendants who are classified as vulnerable because of impaired intellectual functioning whereby capacity to reason and intellectual disability are functionally separated. This way, an alleged offender's vulnerability becomes a manageable object within the criminal justice system and is integrated into a person's risk management. The disjointed discourse around intellectual disabilities increases the risk that people with an impaired level of intellectual functioning become drawn into the mainstream criminal justice system and, therefore, further compromises the empowerment and social inclusion of this population.
6
Keffeler, Kristina Lee. "Truth and Justice in The Moonstone and Bleak House." Thesis, The University of Arizona, 2012. http://hdl.handle.net/10150/244411.
Full textAbstract:
Truth and justice seem to have a natural connection, especially in novels where detectives investigate the mysteries behind a crime. The plot of a detective story is based on the assumption that once the facts are discovered, the truth will come out and justice will be served. This thesis explores the interaction between truth and justice in Wilkie Collins’s The Moonstone and Charles Dickens’s Bleak House. While investigations may reveal the truth, this does not always lead to justice. Authors can uphold or deviate from traditional norms to reinforce or undermine the expectation that justice will be served.
7
Beck, Albert R. Hankins Barry. "All truth is God's truth the life and ideas of Frank E. Gaebelein /." Waco, Tex. : Baylor University, 2008. http://hdl.handle.net/2104/5208.
Full text
8
Lester, Claire-Anne. "Truth in the time of tumult: tracing the role of official 'truth-seeking' commissions of inquiry in South Africa, from Sharpeville to Marikana." Master's thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/25342.
Full textAbstract:
The Marikana Massacre of 16th August 2012 was a watershed moment for post- Apartheid South African politics. News headlines and images depicting an ANC-led South African police killing 44 unarmed miners, striking for a wage increase, ruptured the TRC's official narrative that state violence of this proportion belonged to a bygone colonial, or Apartheid past. Following the massacre, the Marikana Commission of Inquiry was launched as an official inquiry into what was referred to as the 'tragic incidents at Marikana'. However, as the Commission conducted its work its actual role became increasingly ambivalent and ambiguous to the public, as well as to witnesses who testified. Legally, it was a judicial commission of inquiry with a strict fact-finding mandate, yet the official discourse invoked suggests it had additional distinctive aims to achieve 'truth, restoration, and justice', which are functions traditionally associated with Truth Commissions, in the field of Transitional Justice, and more particularly with South Africa's TRC. This ambiguity in the Marikana Commission's function points to the larger issue that this thesis addresses – the ambiguity in the exact role and function of, as well as the relationship between, generic commissions of inquiry and Truth Commissions. The functions are interrogated using the concept of 'tumult commissions', introduced by Adam Sitze-- a subtype of commission of inquiry used by colonial administrations in lieu of criminal tribunals, to investigate political violence following the State's violent suppression of some major insurgency. Over and above 'fact-finding', Sitze claims that 'tumult commissions' were political tools deployed to 'whitewash' and justify State killings as unfortunate necessities in order to restore peace and order, and to legitimate the authority of the state. I anchor the current ambiguity in the role of the Marikana Commission, both in legal capacity, its method and official discourse, in a longer historical trajectory that extends from the Jamaica Royal Commission (1866) to the Sharpeville Commission (1960) and the TRC (1996-1998). The notion of official truth-seeking is problematised using an analytical framework that distinguishes between objective 'fact-finding', 'truthseeking' and the various associated narrative genres of 'tumult commissions' and 'truth commissions'. Through a critical analysis of canonic academic literature, official commission reports and legislation, the thesis highlights glaring contradictions and inconsistencies in claims to official 'truth-seeking' when combined with quasi-judicial aims to achieve accountability and 'justice'. It concludes that the 'truth' of 'official' truth-seeking commissions is always constrained by the overall objectives of the government of the day. Although the TRC was able to promote a more open and inclusive institution to deal with the intractable issues of 'truth' and 'accountability' following state-sanctioned violence, the cases show that when broader social and economic issues are excluded from the 'regime of truth' of official commissions, it only creates fertile soil in which similar tragedies may reoccur in a post-colonial, and post- TRC South Africa.
9
Solvin, Elsa. ""Truth, Justice and Peace" : A quantitative analysis of the impact of Truth and Reconciliation Commissions on conflict recurrence." Thesis, Uppsala universitet, Institutionen för freds- och konfliktforskning, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-431929.
Full textAbstract:
Time has passed since truth and reconciliation commissions (TRCs) started to grow in popularity. The general patterns of their effect on the post-conflict societies are still unexplored. The main claim is that establishing a TRC will reduce the likelihood of conflict recurrence compared to other forms of transitional justice as TRCs are especially well equipped to mitigate reasons for conflict recurrence. This paper uses quantitative methods with the PCJ dataset and the UCDP dyadic dataset to analyse the trends of different types of transitional justice between the years 1946-2006. The logistic regression showed a negative relationship between establishment of TRCs and conflict recurrence. The main implication of these findings is that there are general patterns of TRCs having an effect, which need to be further researched.
10
Nichols, Angela D. "Not All Truth Commissions Are Alike: Understanding Their Limitations and Impact." Thesis, University of North Texas, 2014. https://digital.library.unt.edu/ark:/67531/metadc799497/.
Full textAbstract:
This dissertation project develops a theoretical understanding of how truth commissions achieve legitimacy and thus contribute to peace and stability in the aftermath of major traumatic events (e.g. civil war, mass killings, regime changes). I identify three components of truth commission legitimacy---authority, fairness, and transparency---that facilitate beneficial outcomes for societies emerging from a period of severe human rights repression or civil war. I theorize and test how institutions with these legitimacy characteristics contribute to an increase in respect for human rights and decrease political violence in transitioning societies, thus contributing to peace and stability. In order to test the hypothesized relationships, I create a truth commission characteristic dataset that provides greater detail than existing datasets. This project is a contribution to our understanding of the relationships between human rights, institutions, conflict, and international law. It provides one explanation for the inconsistent findings of extant work concerning the impact of transitional justice, generally and truth commissions, specifically. I provide evidence that there are identifiable "best practices" that truth commissions should consider adopting. This information can assist states, intergovernmental organizations, and nongovernmental organizations alike in making difficult decisions regarding the transitional justice process, which is expensive and time consuming further necessitating an understanding of what practices are most crucial for achieving peace and stability.
11
Persson, Fredrik. "The Khmer Rouge Tribunal : Searching for Justice and Truth in Cambodia." Thesis, Södertörn University College, School of Social Sciences, 2009. http://urn.kb.se/resolve?urn=urn:nbn:se:sh:diva-2578.
Full textAbstract:
The aim of this thesis is to analyze the relationship between the Khmer Rouge tribunal in Cambodia and the national reconciliation process. A qualitative method involving secondary source analysis as well as field study interviews is being used. The point of departure is a theoretical framework of reconciliation assembled from different sources, as there seems to be no coherent and widely accepted framework available for use. An analysis model is constructed, focusing on the concepts of justice and truth. The findings indicate that reconciliation is nowhere near fulfillment, although a few steps towards national reconciliation have been taken. The Cambodian process of reconciliation is only at its earliest stages. Furthermore, the findings suggest that there is a strong relationship between the tribunal and the reconciliation process, inasmuch as the tribunal is perceived to have positive effects on reconciliation, and that continued reconciliation would not be possible without the tribunal. The tribunal is not the only part in reconciliation though, it is a necessary but not sufficient precondition for continued reconciliation. The tribunal can not bring reconciliation close to fulfillment on its own, other mechanizms must be involved in order to do so.
12
Miller, Jennifer Lee. "Justice in Action: Assessing the Institutional Design and Implementation of Transitional Justice." Diss., The University of Arizona, 2014. http://hdl.handle.net/10150/322967.
Full textAbstract:
There is a growing literature in political science that focuses on the impact that policies, or mechanisms, of transitional justice (e.g. tribunals, truth commissions, and amnesty laws) have on future human rights abuses and democratization processes. However, this literature fails to differentiate between having a policy on the books and having a policy which is actually implemented. My project attempts for the first time to measure and assess how well two distinct types of transitional justice policies, truth commissions and ad-hoc tribunals, are designed and how well they are implemented. Variation in terms of policy structure (or institutional design) and implementation are currently unknown; knowing what the level of this variation is will enable us to understand the impact these transitional justice policies have on state-level human rights behavior. To conduct this analysis, I first offer a derivation of principal-agent theory and then assemble a new dataset of measures culled from primary and secondary data sources on over 40 different courts and truth commissions. For the data on the institutional design of these transitional justice policies, I collected and translated the legal mandates which create courts or commissions. I then coded the power, authority, and resource allocations which are designated in these mandates. For the data on implementation, I collected primary commission and court reports as well as secondary analyses and tracked the various activities and forms of engagement which were utilized in the process of carrying out each policy. These data were then compiled with a full set of economic, political, and social context measures and analyzed to determine whether policies with (1) more allocated authority/power or resources or (2) better implementation produced greater improvements in respect for human rights or reduced the likelihood of having additional instances of rights violations. Overall, I find that design and implementation measures are not strongly related to greater rights improvements or the reduced likelihood of violations, indicating that whatever positive changes may exist are not likely due to transitional justice practices. However, the use of transitional justice policies following human rights abuses is correlated with more positive outcomes. The ultimate goal of this project was to determine whether these policies can deliver justice and to initiate a dialogue on whether domestic populations are well served by high-cost policies (such as courts or commissions) or whether these priorities should be tabled in favor of addressing more immediate needs of these groups. The results of this dissertation appear to support the latter claim although these findings remain preliminary.
13
Schooler, Lawrence. "Truth Talks: How North America’s Truth and Reconciliation Commissions Engage the Public in Change." Diss., NSUWorks, 2019. https://nsuworks.nova.edu/shss_dcar_etd/125.
Full textAbstract:
Within the last 15 years, the first three Truth and Reconciliation Commissions (TRCs) in North America formed and completed their work. Patterned after similar efforts in South Africa, Latin America, and elsewhere, the TRCs in Greensboro, North Carolina; Maine; and Canada heard voluntarily-offered testimony from members of the general public and key parties to decades-long conflicts. The Commissions also evaluated responsibility for the conflicts and offered recommendations for change in their respective communities and countries, informed by the testimonies they received.
This qualitative methods multiple case study of the three Commissions’ recommendations involved archival research and data analysis of testimony to the Commissions, alongside the subsequent recommendations made by those Commissions and any further policy measures taken by host governments in Greensboro, Maine, and Canada.
The dissertation attempts to answer the research question: to what extent can truth and reconciliation commissions empower parties to long-running and wide-reaching conflicts to influence changes in their communities, states, or countries in ways courts cannot? Among the conclusions reached in this research is that TRCs integrated public testimony to a significant extent into their findings and recommendations, though the three governments in Greensboro, Maine, and Canada have implemented those recommendations with varying levels of commitment. This study can assist others tackling large-scale conflicts to consider how best to incorporate a truth and reconciliation commission into their efforts at healing and growth in their communities.
14
Nash, Rojas Claudio. "Chilean transition and transitional justice: Critical analysis." Derecho & Sociedad, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/118498.
Full textAbstract:
This paper aims to review the model of transitional justice applied in Chile as part of a growing critical assessment has been formulating the Inter-American Court of Human Rights in its jurisprudence about the way that the states resolve the issues of truth, justice, reparation of victims and institutional design in processes of democratic transition and democratic consolidation. We will try to show that the conflict is a consequence of the characteristics of gross and systematic violations and political limits imposed transitional processes characteristics. The way this tension is resolved is what sets a model of transitional justice that fulfill or not the international standards on human rights.Este estudio busca revisar el modelo de justicia transicional aplicado en Chile en el marco de una creciente evaluación crítica que ha ido formulando la Corte Interamericana de Derechos Humanos, en su jurisprudencia, contenciosa de la forma en que los Estados resuelven los temas de verdad, justicia, reparación de las víctimas y cambios al diseño institucional en procesos de transición democrática o consolidación democrática. Se intentará demostrar que la tensión se produce a partir de las características propias de las violaciones graves y sistemáticas y los límites políticos que imponen los procesos transicionales. La forma en que se resuelve esta tensión es lo que configura un modelo de justicia transicional acorde o no a los estándares internacionales en materia de derechos humanos.
15
Leman-Langlois, Stéphane. "Constructing post-conflict justice, the South African Truth and Reconciliation Commission as an ongoing invention of reconciliation and truth." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/NQ53688.pdf.
Full text
16
Costa, Lessandro Regiani. "Sobre a verdade em Alselmo de Cantuária." Universidade de São Paulo, 2010. http://www.teses.usp.br/teses/disponiveis/8/8133/tde-09032010-113359/.
Full textAbstract:
Da verdade, como seu título indica, é uma obra dedicada à busca da definição da verdade, que é fornecida após serem percorridas todas as sedes da verdade: significação, pensamento, vontade, ação, sentidos, essência das coisas, e, por último, a suma verdade. A verdade, contudo, não é tratada como a adequação da coisa e do intelecto. Diferentemente da tradição aristotélica, Anselmo estende, por meio da noção de retidão, o conceito de verdade a diversas esferas, chegando ao ponto de estabelecer a justiça como espécie da verdade. Apesar dessa expansão, Anselmo consegue assegurar a transcendência de Deus e a unidade da verdade.On the truth, as suggested by the title, is a book dedicated to the research of the definition of truth, which is given after covering all the abodes of truth: meaning, thought, will, action, sense, essence of things, and finally the highest truth. However, the truth is not concerned as the adjustment of the thing and the intellect. Differently from the Aristotelian tradition, Anselm extends the concept of truth to different fields through the notion of rectitude, until establishing the justice as species of truth. Despite this expansion, Anselm succeeds in ensuring the transcendence of God and the unity of truth.
17
Arroyo, Pastor Jose. "Truth and Reconciliation Commissions and the Search for Justice: A Comparative Study of Chile, Argentina and Guatemala." Scholarship @ Claremont, 2018. http://scholarship.claremont.edu/cmc_theses/1783.
Full textAbstract:
During the mid to late 1900s many Latin American countries found themselves under the rule of violent military regimes and in civil war. The purpose of this paper is to discuss the atrocities committed in the late 20th century throughout Latin America and to discuss the ways in which these societies, affected by state violence, were able to overcome the past. In this paper, I will look at the purpose of truth and reconciliation commissions and their outcomes in Chile, Argentina, and Guatemala in order to find some similarities and compare and contrast the successes and failures of the different commissions in their respective settings.
18
Azman, Muhammad Danial. "Resolving the post-election violence and developing transitional justice institutions through power sharing : power and ideology in Kenya's quest for justice and reconciliation : a justice without punishment?" Thesis, University of St Andrews, 2015. http://hdl.handle.net/10023/9617.
Full text
19
Селегей, Н. "Проблема істини в теорії кримінального судочинства." Thesis, Українська академія банківської справи Національного банку України, 2006. http://essuir.sumdu.edu.ua/handle/123456789/60084.
Full textAbstract:
В юридичній літературі можна зустріти різні погляди на пробл
е
му
істини в кримінальному судочинстві. Це природно,
оскільки пр
о
блема істини
є віссю будь
-
якого процесу. Актуальність даної теми п
о
лягає в тому, що
незважаючи на багатовікову полеміку з піднятої пр
о
блематики і до сьогодні
немає одностайності в поглядах на істину в
кримінальному процесі.
20
Kamunde, Nelly Gacheri. "Drawing the borderlines: truth justice and reconciliation mechanisms/amnesties and the Rome Statute." Thesis, University of the Western Cape, 2009. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_2849_1363357271.
Full text
21
SANTOS, AMANDA CATALDO DE S. T. DOS. "BRAZILIAN NATIONAL TRUTH COMMISSION: THE LAST CHAPTER OF THE TRANSITIONAL JUSTICE IN BRAZIL?" PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO, 2017. http://www.maxwell.vrac.puc-rio.br/Busca_etds.php?strSecao=resultado&nrSeq=34045@1.
Full textAbstract:
PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIROCOORDENAÇÃO DE APERFEIÇOAMENTO DO PESSOAL DE ENSINO SUPERIOR
PROGRAMA DE SUPORTE À PÓS-GRADUAÇÃO DE INSTS. DE ENSINO
A presente dissertação tem como objeto inicial refletir sobre a Comissão Nacional da Verdade (CNV) à luz da normativa e da experiência internacional, analisando o contexto de sua instituição, a elaboração de seu marco legal, suas interações com atores estatais e não estatais, e os principais avanços e desafios enfrentados durante seu funcionamento. Com base no relatório final da CNV, serão identificados os pontos centrais desenvolvidos pela Comissão em termos de justiça e verdade, evidenciando como suas conclusões e recomendações afastam-se do discurso oficial do Estado brasileiro. Finalmente, será verificado em que medida o relatório final da CNV poderá oferecer aportes para o caso Vladimir Herzog, a ser julgado pela Corte Interamericana de Direitos Humanos
The initial purpose of this dissertation is to reflect on the National Truth Commission (CNV) in the light of international normative and experience, analyzing the context of its institution, its legal framework, its interactions with state and non-state actors, and the main advances and challenges faced during its operation. Based on the CNV s final report, will be identified the central points developed by the Commission in terms of justice and truth, highlighting how its conclusions and recommendations deviate from the official discourse of the Brazilian State. Finally, it will be verified to what extent the CNV final report may offer contributions to the Vladimir Herzog case, to be judged by the Inter-American Court of Human Rights.
L objectif initial de cette thèse est de réfléchir sur la Commission Nationale de la Vérité (CNV), à la lumière du droit et de l expérience internationale, en analysant le contexte de l institution, le cadre juridique, les interactions avec les acteurs étatiques et non étatiques, ainsi que les progrès et défis principaux, auxquels elle est confrontée au cours de son fonctionnement. Sur la base du rapport final de la CNV seront identifiés les points centraux développés par la Commission en termes de justice et de vérité, soulignant comment ses conclusions et recommandations s écartent du discours officiel de l Etat brésilien. Enfin, il sera vérifié dans quelle mesure le rapport final de la CNV peut offrir des contributions à l affaire Vladimir Herzog, qui doit être jugé par la Cour Interaméricaine des Droits de L homme.
22
Barrios, Valentina. "The Construction of Truth and the Silence of Responsibility : A discourse analysis on the idea of justice and a Sami Truth Commission." Thesis, Uppsala universitet, Teologiska institutionen, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-331548.
Full textAbstract:
Throughout history the Sami community have been excluded from Swedish society. They were submitted to discrimination, abuse and the denial of rights. Although the political movement of Sami people is long, we have in recent years seen how a demand for truth and justice is taking more space within the official Sami political movement. The aim of this thesis is to gain a wider understanding of Sami political demands and the idea of justice in Sweden through a Truth Commission. Applying a post-colonial theory and Bacchi’s “What’s the problem?”-methodology I have set out to analyse how the discourse of the idea of justice and a Sami Truth Commission (STC) is being constructed by the Sami political movement, non-affiliated Sami and the Swedish government. The secondary material I have used is earlier research and pre-existing interviews with Sami people. My primary material is documents made by Sami political movement and the Swedish government regarding a STC. The conclusion is that the Sami political movement are constructing the discourse on a STC with a homogenous view of accountability. The non-affiliated Sami is constructing the discourse with a diversity of notion such as accountability, moving on and internal responsibility. The government’s discourse on STC is constructed with non- accountability and silence. However, there is a discourse on the idea of justice and it is constructed with notions of increased participation and to combat racism.Det samiska samhället har genom historien exkluderats från majoritetssamhället i Sverige. De har blivit utsatta för diskriminering, övergrepp och blivit nekade sina rättigheter. Den samiska politiska rörelsen har en lång historia men det är på senare tid som vi sett ett ökat krav för sanning och rättvisa inom den parlamentariska samiska politiska rörelsen. Syftet med denna uppsats är att nå en bredare förståelse av de politiska kraven inom rörelsen och idén om rättvisa utifrån idén om en sanningskommission. Genom att använda mig av en postkolonial teori och av Bacchis ”What’s the problem”-metod vill jag analysera hur diskursen om idén om rättvisa och en samisk sanningskommission (SSK) konstrueras av den samiska politiska rörelsen, icke-politiska samer och den svenska regeringen. Mitt sekundära material består av tidigare forskning och genomförda intervjuer och mitt preliminära material består av dokument från den samiska politiska rörelsen och regeringen gällande en SSK. Mina slutsatser är att den samiska politiska rörelsen konstruerar diskursen om en SSK med en homogen bild av statens ansvar. De icke-politiska samerna konstruerar diskursen med en mångfald av begrepp så som ansvarighet, idén om att gå vidare och internt ansvar. Regeringens diskurs av en SSK är konstruerad med ett icke-ansvar och tystnad. Däremot går det att utröna en diskurs om rättvisa som är konstruerad med begrepp som ökat deltagande och kampen mot rasism.
23
Kamau, Caroline Wairimu. "An evaluation of the effectiveness of the transitional justice process in Kenya since the 2007-2008 post-election conflict." University of the Western Cape, 2016. http://hdl.handle.net/11394/5434.
Full textAbstract:
Magister Legum - LLMThe concept of transitional justice keeps changing as the concept of conflict changes. The paper analyses the transitional justice process in Kenya after the 2007-2008 Post-Election Violence. Very little has been written on the success or failure of transitional justice in Kenya after eight years of the implementation of transitional justice mechanisms which included truth commission, criminal prosecutions and recommendations on reparations. Furthermore, the architects of Kenya’s transitional justice process failed to put in place a mechanism against which the progress of transitional justice could be measured. It was therefore necessary to analyse the overall transitional justice process in Kenya to determine its efficacy. Kenya’s transitional justice process seemed to be a stand-alone occurrence with no ties to the laws or the various institutions in the country compared to Uganda's national transitional justice policy. The transitional justice process as a whole did not assign rights and responsibilities to the public, the three arms of government, the devolved governments, civil society or non-governmental organisations so that the various stakeholders could then check and balance each other with the aim of ensuring that transitional justice would be implemented. To date, there are still calls for the full implementation of the transitional justice processes especially in light of the International Criminal Court having terminated the last case in relation to the post-election violence as well as Kenya’s impending general elections in 2017. This paper begins by introducing transitional justice in Kenya and providing the 2007-2008 PEV as a background. The paper then investigates the ideal circumstances for implementing transitional justice mechanisms. In the case of Kenya, it is concluded that the situation in 2007-2008 PEV did not conform to the traditional context of societies in transition. Whereas there was no regime change that preceded the 2007-2008 PEV, there were human rights violations which were ethnically driven. The study illustrates how the violation of human rights depended on the ethnic tribe the person belonged to, hence identifying the main problem in the 2007-2008 PEV as negative ethnicity. Looking at the contextual precedence set by Latin American countries and later followed by other countries undergoing change, ethnicity has not been dealt with and to this extent Kenya presents a unique situation. The paper concludes that each of the transitional justice mechanisms implemented in Kenya had no impact on Kenya and as a result, the whole transitional justice process had failed. The paper recommends that stakeholders address and solve the inter-tribal fears and suspicions in order to create an opportunity for the different tribes to establish a relationship based on transparency. In the alternative, the paper recommends the adoption of the Territorial Self-Governance (TSG) which allows ethnic groups in a particular sovereign region to regulate their own affairs thus reducing the risk of ethnic tensions on account of one group's concerns not being addressed adequately. Ultimately, the paper recommends that the Truth Justice and Reconciliation report be tabled before Parliament for approval in order for the transitional justice mechanisms to be implemented fully.
German Academic Exchange Service ( DAAD)
24
Abduroaf, Muneer. "Truth Commissions: Did the South African Truth and Reconciliation Commission serve the purpose for which it was established?" Thesis, University of the Western Cape, 2010. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_6028_1359554144.
Full textAbstract:
Since the 1980&rsquo
s, many dictatorships around the world have been replaced by new democracies. These old dictatorships were notorious for their human rights abuses. Many people were killed and tortured
and many others were disappeared. When the new governments came into power, they had to confront these injustices that were perpetrated under the predecessor regime. This was necessary to create a culture of human rights
promote a respect for the law and access to justice. Many confronted these injustices in different ways, some granted amnesty, some prosecuted and others instituted truth commissions. This research paper focuses on truth commissions. The research focuses particularly on the study of the South African Truth Commission. The mandate of the South African Truth Commission is analysed and the investigation into whether the commission served the purpose for which it had been established is discussed.
25
Snyder, Joshua Randolph. "Love Promoting Justice: An Augustinian Approach to Transitional Justice from the Context of Guatemala." Thesis, Boston College, 2015. http://hdl.handle.net/2345/bc-ir:104375.
Full textAbstract:
Thesis advisor: Stephen J. PopeTransitional justice responds to injustices and violations of human rights following a period of repressive rule or civil war. This dissertation argues that the needs of post-conflict societies are best served by local, participatory approaches to transitional justice. In the case of Guatemala, it was essential for the nation to embrace its common religious narrative as a resource for rebuilding the republic. The Guatemalan Catholic Church worked to build peace out of the ashes of state sponsored terror. It demonstrated the prophetic role of the Church by offering a collective voice condemning those in positions of authority for their neglect of the basic human rights of the majority of Guatemalans. The CEG also highlighted the reconciliatory function of the Church by promoting forgiveness and reconciliation within the public square. This experience calls for theological ethical reflection on how the Catholic Church could best serve the needs of civil society in the wake of nearly forty years of political violence. Responding to the need for critical theological reflection, this dissertation proposes a transformationalist understanding of the relation of love to justice for transitional justice. It draws its inspiration from a selective reading of Augustine and Augustinian scholarship. An Augustinian approach to transitional justice brings together the high moral ideas of love, justice, forgiveness, and peace while at the same time acknowledging the ever-present reality of sin and human weakness. It attempts to transform a post-conflict society into a moral community whose citizens are on a journey toward the destination of temporal peace. It realizes that we may never reach our destination of temporal peace, but we can glimpse it from afar. This dissertation offers the following ten Augustinian insights as a framework for a theological approach to transitional justice. 1) Charity is the motivating force for transitional justice and the pursuit of socio-political reconciliation; 2) Charity transforms our understanding of justice from noninterference and retribution to rehabilitating and reconciling; 3) Transitional justice ought to be contextual, paying attention to the unique concerns of a given post-conflict society; 4) Distinguishing, without bifurcating, the ends of the temporal and celestial commonwealths offers a positive, but not naïve, evaluation of the Church’s potential to be an instrument of social transformation; 5) Post-conflict societies need to foster conditions that allow for pluralism and social cohesion through civic friendship; 6) Post-conflict societies must develop social practices to train citizens in the civic virtues of love, justice, and friendship; 7) Transitional justice requires an ethical retrieval of the truth through the healing of memory; 8) Transitional justice upholds the moral obligation to admonish and correct sinful social behavior; 9) Transitional justice ought to foster the just and prudential protection of society through the use of coercive force on behalf of society’s most vulnerable citizens; and 10) Post-conflict societies need to cultivate and sustain an ethos of active hope that, far from inducing political passivity, promotes civic engagement
Thesis (PhD) — Boston College, 2015
Submitted to: Boston College. Graduate School of Arts and Sciences
Discipline: Theology
26
Jardine, Varushka. "The Truth and Reconciliation Commission : success or failure?" Diss., University of Pretoria, 2008. http://hdl.handle.net/2263/23111.
Full textAbstract:
The South African Truth Commission was different to any other commission held in the past. The Commission had to balance the scales between a painful past and a peaceful future. The task in itself was not an easy one, considering the fact that the apartheid years spanned over many decades. It certainly was not an easy task to maintain a balance between blanket amnesty and legal prosecutions. This middle of the road policy leveled much criticism from all sides, ranging form political parties to victims and their families and the general public. However, the policy on amnesty was a crucial aspect in balancing the past with that of the future. Although the TRC had achieved its objectives, it had many shortcomings ranging from its original mandate, its workings right through to the final recommendations. The scope of the Commission was far too wide considering the fact that they had to cover human rights abuses spanning over the years 1960 to 1994. The mandated period for them to complete their task was very limited if one considers the fact that this was a unique Commission and many people had to be trained to carry out tasks especially on lower levels. The Committees established by the Commission did not have clear methods of working and the coordination between them was poor. The methodology followed by the TRC was flawed but we need to take time and consider the enormity of the task at hand. It was not only a transitional phase for the people of South Africa but for the new government as well. The TRC was not a well planned process. However one has to also consider that accountability had to be done as soon as possible or it would have lost its essence. Issues had to be faced as soon as possible. The Commission also received criticism for allowing religion into its doors, mainly Christian theology. However, in some ways, one has to consider the fact that most people who were affected by apartheid were Christian and they found comfort in the practice of the Commission. The National Party had to be accountable and yes, as leaders they should have apologized for what had happened. This should have been a point of issue for the Commission and one of the areas where they had failed to act. Notwithstanding all the negative aspects of the Truth and Reconciliation Commission much positivism brought to the country as a whole, sections of society and to individuals. Nothing short of a miracle can heal a country. The terms of reconciliation, forgiving and healing became acceptable terms to many who were affected by the period of apartheid. South African history was given an opportunity to be recorded. People were given an opportunity to clear their conscious and find peace in truth. For the first time it was possible to see beyond the pain that many had suffered. As a country we would have been much poorer had the truth not been told. I believe it was truly a necessary part of our history. CopyrightDissertation (MHCS)--University of Pretoria, 2010.
Historical and Heritage Studies
unrestricted
27
Moody, Katherine Sarah. "On truth/justice : post-secular theology, emerging Christianity, and narrative pluralism in the West." Thesis, Lancaster University, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.543986.
Full text
28
Farley, Michelle K. "Identity in transition : towards a conceptualization of the sociopolitical dynamics of the South African Truth and Reconciliation Commission." Master's thesis, University of Cape Town, 2008. http://hdl.handle.net/11427/14709.
Full text
29
Malan, Yvonne. "The spectre of justice : the problematic legacy of the South African Truth and Reconciliation Commission." Thesis, University of Oxford, 2008. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.496581.
Full text
30
Otsuki, Tomoe. "Memory of justice : dealing with the past violation of human rights : the politics of Indonesia's Truth and Reconciliation Commission." Thesis, University of British Columbia, 2008. http://hdl.handle.net/2429/5034.
Full textAbstract:
In the last two decades, many countries going through transitional justice
have established truth commissions. Unlike conventional war tribunals, most truth
commissions are established by the local government and local human rights
groups. Truth commissions are still a nascent political choice, yet a sizable
literature has developed around it, evaluating its potential as a new institution for
dealing with the past and moving towards restorative justice. This work examines
four major questions debated in the transitional justice literature over truth versus
justice: 1) whether or not a truth commission is an valid alternative mechanism to
seeking out retributive justice, 2) whether or not truth commissions are the product
of political compromise which avoiding justice, 3) if truth commissions can be the
agent of new national identity and national unity founded on the principles of
universal human rights, and 4) if amnesty can be legitimized. This work aims to
determine to what extent the idea itself of truth commissions has been actualized
up to now and what lot it may expect in the future, despite incidental political
restrictions and difficulties in the political transition. Despite the common assertion
that the goals of truth commissions are to bring about official acknowledgment of
the past, restore the dignity of the victims, and achieve reconciliation in divided
society, this paper does not intend to evaluate the truth commissions in the past
based on these criteria; nor does this work intend to argue what truth commissions
can resolve in the transitional justice societies. Rather, this paper seeks to uncover what social reaction or human emotions truth commissions in the past have evoked
in a divided society. To explore the question, this paper focuses on the distinctive
activities and merits of truth commissions from the standpoint of retributive justice
and looks into the important implication in the interaction between the victims and
the perpetrators, as well as between the audience and those two parties. Roger
Errera, a member of the French Conseil d’Etat, stated that “Memory is the ultimate
form of justice.” Inspired by the statement, this work argues that justice can be
found in the act of pursing truth, remembering it, and responding to those voices
from the past.
31
Andre, Wendy Marie. "Can alternative justice mechanisms satisfy the aims of international criminal justice? : the cases of Mato Oput and the South African Truth and Reconciliation Commission." Thesis, University of Sussex, 2018. http://sro.sussex.ac.uk/id/eprint/75261/.
Full textAbstract:
The role of alternative justice mechanisms (AJMs) in international criminal justice (ICJ) has been the subject of rigorous debate in recent years. This thesis joins the discussion by investigating whether AJMs can achieve the aims of ICJ that are attributed to criminal prosecutions. If AJMs can attain ICJ goals, there are important implications for the entire complementarity regime at the International Criminal Court (ICC), requiring ICC judges to defer prosecutions in their favour. By establishing a framework against which ICC trials and AJMs can be evaluated, the thesis contributes to the debate and aims to provide an element of consistency in an area which is dominated by creative ambiguity. Arguing that criminal prosecutions have a limited impact on ICJ aims, the thesis considers AJMs generally before undertaking an in-depth historical and comparative analysis of the Mato Oput process in Uganda and the South African Truth and Reconciliation Commission (SATRC). It concludes that Mato Oput does not satisfy the goals of ICJ and therefore would be unlikely to persuade the Court to defer prosecutions. It suggests, however, that an AJM based on the SATRC model would have the potential to attain many ICJ goals and therefore the ICC should declare a situation where the state adopts this method of justice and accountability inadmissible to the ICC. Finally, the thesis examines the decisions of the ICC judges in previous admissibility challenges and argues that they must demonstrate a broader and more flexible approach when interpreting the ICC's mandate if AJMs are to satisfy the complementarity principle. Doing so would also help to avert the growing antipathy of many African states towards the ICC and ensure the future support and co-operation of states parties.
32
Subklew, Friederike. "Building peace and democracy in South Africa : an assessment of the "peace process" in relation to the "truth process" (1991-1998)." Master's thesis, University of Cape Town, 2004. http://hdl.handle.net/11427/8626.
Full textAbstract:
Bibliography: leaves 157-166.This study investigates the relation between the narrow "peace process" that followed from South Africa's the National Peace Accord (NPA) and the "truth process" that followed from the Truth and Reconciliation Commission (TRC) during the country's transition to democracy. The study narrows down these two highly complex processes so that they can be studied in relation to each other. The NPA was instituted during the crucial transition period between 1990 and 1994 in order to contain the political violence that threatened to derail the negotiation process then under way. In contrast, the TRC was established in 1995, the later phase of the transition, as a means to deal with South Africa's conflictual and violent past. It was mandated to uncover past human rights violations under the over-riding objective of promoting national unity and reconciliation. The contributions of both, the NPA structures and the TRC process, to building peace and democracy in South Africa are explored independent of each other before they are set in relation to each other. On the basis of guiding-question interviews conducted with individuals having been part of the NPA and the TRC respectively, preliminary conclusions regarding the historical question of whether a direct link between the NPA structures and the TRC process existed in South Africa are drawn. Departing from there, theoretical implications of the assessed relationship between the "peace process" and the "truth process" in South Africa are discussed. Based on the South African experience the study suggests that conceptually a link between "processes of peace and truth" is desirable as it can provide a more sustainable basis for the building of peace and democracy but it also notes the difficulties of establishing such a link in practice. The study points out that a direct linkage between "processes of peace and truth" could connect the ‘negative' task of peace-building - the reduction of direct violence - to the ‘positive' task of peace building -- the rebuilding of relationships. It is argued that such a linkage would further promote democratic consolidation. Departing from there the study concludes that a substantial or direct linkage between the "processes of peace and truth" is worth considering if other transitional societies opt for managing their transition by means of a "peace process" and a "truth process". peace process" that followed from South Africa's the National Peace Accord (NPA) and the "truth process" that followed from the Truth and Reconciliation Commission (TRC) during the country's transition to democracy. The study narrows down these two highly complex processes so that they can be studied in relation to each other. The NPA was instituted during the crucial transition period between 1990 and 1994 in order to contain the political violence that threatened to derail the negotiation process then under way. In contrast, the TRC was established in 1995, the later phase of the transition, as a means to deal with South Africa's conflictual and violent past. It was mandated to uncover past human rights violations under the over-riding objective of promoting national unity and reconciliation. The contributions of both, the NPA structures and the TRC process, to building peace and democracy in South Africa are explored independent of each other before they are set in relation to each other. On the basis of guiding-question interviews conducted with individuals having been part of the NPA and the TRC respectively, preliminary conclusions regarding the historical question of whether a direct link between the NPA structures and the TRC process existed in South Africa are drawn. Departing from there, theoretical implications of the assessed relationship between the "peace process" and the "truth process" in South Africa are discussed. Based on the South African experience the study suggests that conceptually a link between "processes of peace and truth" is desirable as it can provide a more sustainable basis for the building of peace and democracy but it also notes the difficulties of establishing such a link in practice. The study points out that a direct linkage between "processes of peace and truth" could connect the ‘negative' task of peace-building - the reduction of direct violence - to the ‘positive' task of peace building -- the rebuilding of relationships. It is argued that such a linkage would further promote democratic consolidation. Departing from there the study concludes that a substantial or direct linkage between the "processes of peace and truth" is worth considering if other transitional societies opt for managing their transition by means of a "peace process" and a "truth process".
33
Aldred, Benjamin Grantham. "Truth, justice and the American way structure, narrative and nation in tourist performances in Salem, MA /." [Bloomington, Ind.] : Indiana University, 2009. http://gateway.proquest.com/openurl?url_ver=Z39.88-2004&rft_val_fmt=info:ofi/fmt:kev:mtx:dissertation&res_dat=xri:pqdiss&rft_dat=xri:pqdiss:3373491.
Full textAbstract:
Thesis (Ph.D.)--Indiana University, Dept. of Folklore and Ethnomusicology, 2009.Title from PDF t.p. (viewed on Jul 6, 2010). Source: Dissertation Abstracts International, Volume: 70-10, Section: A, page: 3989. Advisers: Sandra K. Dolby; Roger Janelli.
34
Raschdorf, Ann-Christin. "Transcending discourses on violence : peace constitutive practices of truth, justice and authenticity in Rwanda, 1998-2002." Thesis, London School of Economics and Political Science (University of London), 2005. http://etheses.lse.ac.uk/3030/.
Full textAbstract:
This thesis is a critical theory based investigation into communicative and normative preconditions for peace. It is a theoretical inquiry into questions of argumentative truth, justice and authenticity and their relevance for conflict resolution and transformative peace-building. Following Habermas, it explores the formal argumentative requirements for peace and examines corresponding cognitive and societal/perceptual prerequisites for its intra- and interpersonal realisation. In this context, it identifies conceptual spaces of violence that impair peaceful interaction. It scrutinizes the communicative dynamics of transformative change and moral actor-hood from a critical theory perspective. It raises questions of communicative and moral learning, reasoning and structural change. It seeks to identify and explain formal-argumentative procedural correlations in the dialogical set-up of truth-seeking, norm-setting and norm-enforcing entities and argues for institutional complementarity and coherence. It calls for a conscious transition of normative and communicative barriers between conflict transformation efforts at community, national and international level and specifies theoretical alternatives to the present functionalist peace-building discourse in the form of a critical theory based model to conflict transformation. Some of these theoretical assumptions will be illustrated by the example of Rwanda.
35
Daniel, Kobina Egyir. "Amnesty as a tool of transitional justice : the South African Truth and Reconciliation Commission in profile." Diss., University of Pretoria, 2001. http://hdl.handle.net/2263/967.
Full textAbstract:
"This dissertation seeks firstly to re-examine the merits of the competing philosophies on the role of amnesties in transitional justice. It seeks in particular to investigate the currently popular notion that justice is necessarily retributive and even beyond that, to determine the veracity of the claim that prosecution represents a necessary element of retributivist justice. The objective is to contribute to the ongoing debate by examining and drawing practical lessons from the case of South Africa, which emerged in 1994 from several generations of institutionalised gross violatoins of human rights. Accordingly the Amnesty Committee of the South African Truth and Reconciliation Commission (TRC), the law and the political philosophy undergirding its functions represent the focus of this study. ... This dissertation unfolds into five parts. Chapter 1, as an introduction to the rest of the work, sets out the relevance of the subject under review, the methodology and a brief overview of the chapters. Chapter two reviews the extensive literature on transitional justice and discusses the concepts that may be distilled therefrom. It discusses the contextual determinants of models of transitional justice and sets out the essence of the debate between vengeance and forgiveness as tools for achieving transitional justice. It also discusses the development of international law with respect to the permissiveness of amnesties and both the articulated and other justifications for their use. The burden of the third chapter is to first recount the factual circumstances of South Africa's trnsition and the factors that predicated the promulgation of the Promotion of National Unity and Reconciliation Act 34 of 1995. It then briefly examines the provisions of the statute and it's implementation. It also engages in an empirical assessment of the almost 800 amnesties granted and employs a number of indices to determine whteher the process was even handed and achieved its objectives. These indices are: the politicl affiliations of the awardees; whether or not the crimes for which they received amnesty involved the loss of life; whether or not they had already been punished for thier transgressions and; whether or not they received forgiveness from the vicitms - actual or constructive. Chapter four focuses on some fo the criticisms that the TRC received. It assesses their merits and determines to what extent they subverted the quest for justice in transitional South Africa. In particular it looks at the reasoning of the Constitutional Court in the AZAPO Case, the alleged lack of objectivity of the TRC, its almost exclusively Christian orientation and its almost exclusive focus on abuses of civil and political rights. Chapter five concludes the dissertation by first determining whether or not there are any lessons to be learnt from South Africa's amnesty experience. It then outlines what the lessons are or should be. It closes by making recommendations as to what factors or particular considerations should guide the efforts and aspirations of abused societies that embark on the quest for transitional justice." -- Chapter 1.Prepared under the supervision of Professor Frans Viljoen, Faculty of Law, University of Pretoria, South Africa
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2001.
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
36
Delgado, Andres. "Memory and Truth in Human Rights: The Argentina Case. The Issue of Truth and Memory in the Aftermath of Gross Human Rights Violations in Argentina." Scholar Commons, 2013. http://scholarcommons.usf.edu/etd/4306.
Full textAbstract:
This thesis focuses on the importance of truth and memory in the process of transitional justice, within the context of the aftermath of gross violations of human rights that occurred during the military dictatorship of 1976 to 1983 in Argentina. The military junta that ruled Argentina took power under the pretext of national security, arguing that an enemy threatened to destabilize and destroy Argentine society. During the period of the military dictatorship an estimated 30,000 people "disappeared"; relatives of those disappeared mobilized and formed human rights organizations to confront the military regime for its abuses. Once the dictatorship collapsed and democratic rule was reestablished these human rights organizations changed their focus, mobilizing once again to find their missing relatives, learn the truth, and prosecute those responsible of any crimes.
A series of amnesty laws and pardons protected the perpetrators of many of the crimes of the military regime through most of the 1990's, until in 2005 the Argentine Supreme Court declared those laws unconstitutional. During the period before the 2005 ruling human rights organizations worked hard to gather the truth about the crimes of the military regime and ensure these crimes were not forgotten. Their initiatives included the famous weekly march to the Plaza de Mayo by members of Madres (Mothers), one of the most important human rights organizations in Argentina; escraches (reveal what is hidden) and public protests by HIJOS (Sons and daughters of the disappeared), actions in which members of HIJOS would go to the houses of known members of the military juntas and protest at their front doors; and programs to find missing grandchildren by Abuelas (Grandmothers), a human rights organization dedicated to searching for the missing children of the disappeared; and others. Because of the structure of terror during the military junta, most Argentines did not know exactly what was happening to the missing persons, and they were afraid to ask. The truth gathering initiatives and the official report of the commission charged with investigating the junta, CONADEP, came into being in response to this lack of knowledge. They helped to inform the Argentine people and the new generations of what had happened during the military dictatorship in hopes of making sure that such abuses do not occur again.
37
Smith, Rebecca. "'These wounds and scars have not healed ': a critical gender analysis of the Kenyan Truth, Justice and Reconciliation Commission's recommendations for reparations." Master's thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/20608.
Full textAbstract:
This dissertation provides a critical gender analysis of the Kenyan Truth, Justice and Reconciliation Commission's (TJRC) recommendations for reparations. While 'gender' describes the form of analysis undertaken, this dissertation is focused on how gender has interacted with other factors to influence women and girls' experiences of violence and harm during the TJRC's post-independence mandate period (1963 to early 2008) and whether or not the TJRC's proposed reparations program offers gender-sensitive remedies. Therefore, the main question this dissertation seeks to determine is: to what extent does the TJRC's Reparations Framework a) address the types of violence and harm commonly experienced by women, b) encourage their participation in developing the framework, c) promote a change to female victims and survivors' lived realities and d) address the root causes of this violence? This question is explored through an examination of primary and secondary sources such as empirical research on violence against women in Kenya, academic theory on gender-sensitive reparations programs, reports and literature produced by civil society institutions and the TJRC's Final Report. The dissertation's analysis draws on normative theory regarding reparations from scholars such as de Greiff (2006) and Hamber (2009) among others. The civil society document, The Nairobi Declaration (2007) and the literature on gender sensitive reparations, specifically that of Rubio-Marin (2009), Manjoo (2010), Duggan and Jacobson (2009), Durbach and Chappell (2014) act as guideposts for this analysis. This literature establishes the basic elements of any gender-sensitive reparations framework, namely: participation, rehabilitation and transformation. Overall, the TJRC was dedicated to understanding women's experiences of human rights violations and recommending remedy to women acutely impacted by violence. However, due to limited funds, controversies over the suitability of its Chairman, Bethuel Kiplagat, a poor relationship with civil society and oversights of its own, the Commission faced difficulty in securing meaningful participation of women in the development of its recommendations for reparations. However, notwithstanding a few oversights, it is argued that the content of the TJRC's recommendations for reparations are gender sensitive. Given the gravity of violence and the massive numbers of victims in need of redress, the recommendations for reparations separate victims in terms of violations endured and their level of vulnerability. Overall, this eligibility criterion is responsive to the types of violence and harm commonly endured by women. The TJRC's proposed reparations include elements of acknowledgement, rehabilitation, prevention and transformation. With the Commission's recommendations to provide medical and psychosocial vouchers, pensions as well as collective reparations in the form of official acknowledgment, institutional reforms and gender violence recovery centers, the reparations program has the potential to impact both the lived experiences of victims and survivors as well as in a small way, subvert Kenya's deeply entrenched gender hierarchy. With a combination of individual and collective reparations, the TJRC's recommendations for reparations, if implemented, could play a role in combating the micro and macro impact of gendered violence in Kenyan society.
38
German, Isabel. "La construction de la vérité au sein de la justice pénale restaurative intra-judiciaire : équité et justice épistémiques dans la décision juridique." Electronic Thesis or Diss., Pau, 2024. http://www.theses.fr/2024PAUU2157.
Full textAbstract:
Compte tenu de la relevance de l'interaction communicative dans le modèle de justice restaurative, cette thèse s'est concentrée sur la connaissance et la compréhension du processus de construction de la vérité dans les pratiques de justice pénale restaurative intra-judiciaire, en prenant en considération les situations d'inégalité et d'injustices épistémiques qui peuvent apparaître dans ce processus, et en déterminant les conditions que ce dispositif doit remplir pour obtenir une décision de justice épistémiquement équitable et juste.L'étude réalisée permet de conclure que le processus de construction de la vérité dans la justice restaurative est de nature intersubjective, conformément aux théories intersubjectives de la vérité. Dans ce processus, l'échange communicatif entre les parties impliquées est fondamental, et l'accord n'est pas indispensable pour atteindre la finalité du processus restauratif, notamment la réparation. Et un processus intersubjectif de construction de la vérité se concentre sur les conditions de validité de l'interaction entre les personnes. Ainsi, dans le processus de justice restaurative, pour qu'une telle interaction communicative soit efficace, elle doit remplir les conditions nécessaires d'équité et de justice épistémiques. De cette manière, la décision juridique peut être considérée comme plus juste et plus équitableGiven the relevant role of the communicative interaction in the restorative justice model, this thesis has focused on knowing and understanding the process of truth construction in the practices of intra-judicial restorative criminal justice, taking into consideration the situations of inequality and epistemic injustices that may appear in this process, and determining the conditions that this device must fulfil to achieve an epistemically equitable and fair legal decision.The study carried out leads to the conclusion that the process of truth construction in restorative justice is of an intersubjective nature, in line with intersubjective theories of truth. In this process, the communicative exchange between the parties concerned is at the core, where the agreement is not the essential to achieve the aim of the restorative process, namely reparation. And an intersubjective process of truth construction focuses on the conditions of validity of the interaction between people. Thus, in the restorative justice process, an effective communicative interaction must fulfil the necessary conditions of epistemic fairness and justice. Hence, the legal decision can be considered more fair and equitable
39
Mollica, Caitlin. "Interpreting Youth Representation in Transitional Justice." Thesis, Griffith University, 2018. http://hdl.handle.net/10072/380576.
Full textAbstract:
The political agency of young people has been increasingly acknowledged within the practice and
scholarship on peace and conflict. Recognition that young people have agency denotes a
normative shift in the beliefs of the international community with respect to the capacity and
position of young people in conflict. This is significant as these beliefs about young people in
conflict inform their interactions during post conflict reconstruction. Since the almost unanimous
ratification of the United Nations Convention on the Rights of the Child (CRC), post conflict practices
have sought to recognise the active and influential role of young people in conflict and transitional
justice. The voices of child soldiers, in particular, occupy a prominent place in the development
of post conflict practices as states aim to employ mechanisms that are more inclusive and
representative of a diverse range of experiences. These developments in practice, which derived
from shifts in the beliefs of stakeholders with respect to the impact of conflict on children, have
resulted in increased focus on their needs and experiences within international relations
scholarship. The distinct voices of youth however, despite a few notable exceptions in the
peacebuilding scholarship, remain largely excluded from the discussion, particularly in the
transitional justice field. The same is true within the practice of transitional justice, as an
overreliance on the CRC has produced conditions where the distinct agency of youth is either
misrepresented or overlooked. One of the most significant challenges facing contemporary
transitional justice practices, therefore, is how to reconcile the dilemma that has emerged
between normative and external representations of youth and the distinct stories told by youth
about their experiences.
Where truth and reconciliation processes are concerned, growing acceptance amongst the
international community and in transitional states of the importance of reflecting the diverse and
unique stories and beliefs of youth presents a unique challenge, particularly in the reporting
stage. The widely-held belief that Truth and Reconciliation Commission (TRC) processes are
inclusive and representative of voices traditionally excluded from retributive approaches to
transitional justice is often tested by the meaningful engagement of youth. Indeed, the broader
focus on political reconciliation in TRCs, which prioritises community reconciliation over the
restoration of interpersonal relationships, produces a framework for the development of conflict
narratives that silences youth whose stories do not fit expectations and beliefs of how young
people should experience conflict and participate in transitional justice. While youth are
increasingly active participants in the TRC processes of transitional states, their voices continue
to be silenced in favour of more conventional beliefs about young people. This is evident in the
final reports of TRCs, which demonstrate the persistence of broad, generalised assumptions and
binary depictions in their representations of the conflict experiences of young people. In doing
so, the reporting stages of TRCs perpetuate conditions that deny youth agency and ownership
over their conflict stories.
Drawing on the cases of South Africa, Sierra Leone and the Solomon Islands, my thesis
examines how TRCs have engaged with youth and represented their stories. I argue that despite
significant developments in the visibility of youth in TRC processes, a tension persists between
external beliefs about youth and the self-reflections of youth. This tension is problematic as it
produces a dilemma for states engaged in the process of reconciliation, particularly those
attempting to create a formal record of conflict. I suggest that how youth are represented in the
institutional mechanisms of transitional justice has a significant impact on our capacity to
understand their experiences of conflict and to adequately address their post-conflict needs. This
has implications for how we engage with marginalised stakeholder’s more broadly in
reconciliation processes, as it demonstrates the importance of meaningful engagement and interpersonal reconciliation.Thesis (PhD Doctorate)
Doctor of Philosophy (PhD)
School of Govt & Int Relations
Griffith Business School
Full Text
40
Ruiz, Thaís de Paula Leite Reganati. "Legalidade e ocultação da verdade e do ser: visão histórico-filosófica." Universidade de São Paulo, 2015. http://www.teses.usp.br/teses/disponiveis/2/2139/tde-06092016-155436/.
Full textAbstract:
O presente trabalho é um caminhar em busca do justo, algo primordial para uma vida de sentido, principalmente nos tempos atuais em que parece estar no esquecimento. Para tanto um breve olhar histórico sobre a questão da justiça no pensamento ocidental desde as origens, com destaque para algumas noções, é relevante e necessário. Contextualizada a questão da justiça no tempo, trilha-se pela via investigativa fenomenológica de Martin Heidegger com o intuito de buscar o sentido existencial do justo, ou seja, tentar responder que entendemos por justiça e qual o seu sentido na complexa realidade hodierna em que as interrelações humanas vivem às sombras da técnica legalista.This work is a walk in search of the justice, something essential for a life of meaning, especially in these times when it seems to be forgotten. A brief historical look at the question of justice in Western thought from the beginning, highlighting some notions, it is relevant and necessary. Contextualized the question of justice in time, track by the investigative phenomenological way of Martin Heidegger in order to get the existential sense of the just, that is, try to answer what we mean by justice and what is its meaning in today\'s complex reality in which human interrelations live in the shadow of legalistic technology .
41
Kobe, Sindiswa Lerato. "The Relationship between remorse and offering forgiveness: selected case studies from the South African Truth and Reconciliation Commission." University of the Western Cape, 2014. http://hdl.handle.net/11394/4119.
Full textAbstract:
Magister Theologiae - MThThis study investigates three case studies, namely, the “Pepco Three”, the “St James Church incident”, and the “Gugulethu Seven incident” from the perspective of ongoing reflections on the nature of reconciliation in the sub-discipline of Systematic Theology. The research problem that is investigated in this project is: What role did visible signs of remorse (or its absence) play in the willingness or unwillingness of victims (or their close relatives) to offer forgiveness to the perpetrators of gross violations of human rights related to the three cases studies mentioned from the amnesty hearings of the South African Truth and Reconciliation commission, namely the “Pepco Three” the “St James Church massacre incident”, the “Gugulethu Seven”. In each case study, the crucial question that will be asked is whether the victims or their relatives understand forgiveness as something that is conditional and part of a longer process of reconciliation, or whether they understand forgiveness as something that can be offered unconditionally. The research draws on some standard theological literature with specific reference to literature on the concepts of reconciliation, forgiveness and remorse emerging in the aftermath of the South African TRC. This is followed by a description and critical analysis of the three identified case studies. In each case, I listened to the recordings, read the transcriptions, and considered the available secondary material on the case studies.
42
Dancy, Geoffrey Thomas. "Do As They Say, and As They Do: An Integrated Approach to the Study of Norm Influence on Truth Commission Initiation, 1976-2003." Thesis, University of North Texas, 2006. https://digital.library.unt.edu/ark:/67531/metadc5381/.
Full textAbstract:
Truth commissions are bodies established in political transition, and they have the stated purpose of reckoning with human rights abuses committed by members of former regimes. The question driving this research is "Why have truth commissions increased so rapidly in the last 20 years?" This study moves beyond current research, which suggests that particular domestic political circumstances alone determine choice of transitional justice mechanisms. I argue that an international rule of behavior, the transitional restorative norm, has emerged and spread to decision-makers in countries of transition. In support of this notion, I perform a pre-theoretical historical analysis of transitional justice and develop a theory of decision-making in transition-which is later tested with quantitative statistics. This integrated approach allows for increased scientific rigor in the examination of international norms. Ultimately, the study demonstrates an interrelationship between shared ideas and political environments in the determination of domestic policy.
43
Freudenreich, Johannes. "Entschädigung zu welchem Preis? : Reparationsprogramme und Transitional Justice." Universität Potsdam, 2009. http://opus.kobv.de/ubp/volltexte/2010/4813/.
Full textAbstract:
Transitional Justice bezeichnet staatliche Anstrengungen um vergangene Menschenrechtsverletzungen am Ende von Represionen aufzuarbeiten. Reparationszahlungen an die Opfer, die eines der Hauptinstrumente staatlicher Aufarbeitung darstellen können, blieben in der Transitional Justice-Literatur vergleichweise unerforscht.
Dieses Buch versucht diese Lücke zu schließen und fragt, warum manche Staaten solche Programme eingeleitet haben, während andere junge Demokratien darauf verzichteten. Dabei setzt sie Reparationszahlungen in den Kontext anderer Transitional Justice-Maßnahmen und greift gleichzeitig zwei Haupterklärungsansätze für gerichtliche Verfahren und Wahrheitskommissionen auf. In diesem Zusammenhang ist die Frage, inwieweit Transitional Justice aus moralischer Überzeugung oder aus taktischem Kalkül der neuen Eliten eingeleitet wurde. In dem die Arbeit diese Frage am Beispiel der Zahlung von Entschädigungsleistungen diskutiert, kann sie auch Aussagen darüber machen, wie valide die bestehenden Erklärungsansätze für Transitional Justice sind.
Anhand der südamerikanischen Regimewechsel in den 1980ern wird aufgezeigt, dass Reparationszahlungen oft zur Legitimation von Amnestien verwendet wurden. Wenn Täter und Opfer relativ starkes Drohpotential besaßen, versuchten Regierungen den Opfern durch Entschädigung entgegenzukommen um Amnestien für die Täter bei gleichzeitiger Anerkennung der Taten zu rechtfertigen. Entschädigungszahlungen wurden somit oft aus strategischen Erwägungen geleistet, was man bei der normativen Bewertung dieser Programme berücksichtigen sollte.Transitional justice refers to approaches that states use to address past human rights violations at the end of violence and repression. Providing reparations to victims, which can be understood as one of the main instruments of Transitional Justice, has so far received relatively little attention in the Transitional Justice literature. This book tries to fill this gap and asks why some states chose to implement reparation programs while others did not. Putting reparations into context this book adapts explanations for the realization of trials and truth commissions and asks whether they also hold for reparations. The main question is, whether state elites chose Transitional Justice mechanisms for moral or tactical reasons. Hence, by analyzing reparations this book can also help us to reappraise the validity of popular explanations for other Transitional Justice mechanisms. Studying the democratic transitions in South America in the 1980ies this book shows that reparations were often paid to justify amnesty decisions for the perpetrators. When perpetrators and victims posed a credible threat for the incumbents, they implemented reparation programs while crimes of the past went unpunished. In most cases reparations were paid due to tactical convenience rather than moral commitment, which should be considered when we evaluate the concept of reparations.
44
Jesus, Maria Gorete Marques de. "\'O que está no mundo não está nos autos\': a construção da verdade jurídica nos processos criminais de tráfico de drogas." Universidade de São Paulo, 2016. http://www.teses.usp.br/teses/disponiveis/8/8132/tde-03112016-162557/.
Full textAbstract:
O que torna possível que narrativas policiais sobre flagrantes de tráfico de drogas sejam recepcionadas como verdade pelos operadores do direito, sobretudo juízes? Qual verdade jurídica é construída quando a testemunha consiste no próprio policial que efetuou o flagrante? Para responder a essas questões, o estudo apresenta análises dos autos e processos judiciais, de entrevistas com policiais e operadores do direito e dos registros de campo de audiências de custódia, e de instrução e julgamento acompanhadas por observação direta. A variedade de fontes de dados exigiu o uso de multimétodos, tendo como ponto central a análise de fluxo do sistema de justiça criminal. Constatou-se que a verdade policial, descrita nos autos, resulta de um processo de seleção daquilo que os policiais do flagrante vão considerar adequado tornar oficial. Para descreverem essas prisões, os policiais dispõem de expressões, linguagens e categorias, utilizadas em suas narrativas. Esse vocabulário policial justifica a abordagem e a prisão, e passa a fazer parte do campo do direito, incorporado em manifestações e decisões judiciais. Mas o que torna isto possível? Inicialmente, parecia que a questão da fé pública era a justificativa central para a acolhida da verdade policial. Contudo, descobriu-se que um repertório de crenças oferece o suporte de veracidade às narrativas policiais: a crença na função policial, acredita-se no agente por representar uma instituição do estado; crença no saber policial, acredita-se que os agentes apresentam suas técnicas, habilidades e estratégias para efetuarem as prisões; crença na conduta do policial, acredita-se que policiais atuam de acordo com a legalidade; crença de que o acusado vai mentir, acredita-se que os acusados têm o direito de mentir para se defenderem; crença de que existe uma relação entre criminalidade e perfil socioeconômico; crença de que os juízes têm o papel de defender a sociedade e a prisão representa um meio de dar visibilidade a isto. A crença é apresentada por promotores e juízes como necessária para o próprio funcionamento do sistema de justiça. A crença dispensa o conhecer, não se questiona a forma como as informações foram produzidas e adquiridas pelos policiais. Práticas de violência, tortura ou ameaça não são averiguadas. Como não consideram verdadeiras as narrativas das pessoas presas, sobretudo aquelas acusadas por tráfico de drogas, expressões como violência policial, extorsão, flagrante forjado não aparecem nas deliberações de promotores e juízes. A crença é central para o exercício do poder de prender e punir dos juízes. A verdade policial é uma verdade que vale para o direito, possui uma utilidade necessária para o funcionamento do sistema, para que os juízes exerçam seu poder de punir, sendo o elemento central para a constituição da verdade jurídica.What makes it possible for police narratives about drug trafficking flagrants to be received as truth by jurists and civil servants, especially judges? What kind of legal truth is built when the witness is the officer himself who made the flagrant? In order to answer these questions, this study presents analyses of court proceedings, interviews with police officers, judges, prosecutors and defenders, field notes and direct observation of hearings of custody, instruction and judgment. The variety of data sources required the use of multimethod, with the central point the criminal justice system flow analysis. It was found that the police truth is the result of a selection process of what the police officer will consider appropriate to register and make official. In order to describe these arrests, the policemen make use of expressions, categories and language patterns to narrate their actions. This police vocabulary justifies the approach and imprisonment, and it becomes part of the law field. But what makes this possible? Initially, the issue of public faith seemed central to explain the acceptance of the police truth. However, we discovered that a repertoire of beliefs offers the support for police narratives: the belief in the police as part of the state, people believe in the policemen because he or she represents an institution of the state; belief in the police knowledge, it is believed the agents present their techniques, skills and strategies in order to make arrests; belief in the conduct of the police, it is believed that police officers work within the law; belief that the accused will lie to defend him or herself; belief that there is a relationship between crime and socio-economic profile; belief that judges have the role of defending society and the imprisonment is a way to give visibility to this. Beliefs such as these are present in the discourses of prosecutors and judges as being central to the proper functioning of the justice system. Believing dismisses knowing, there is no questioning on how the information is produced and acquired by police. Practices of violence, torture and threats are not investigated. As prosecutors and judges do not consider true the narratives of people arrested, especially those charged with drug trafficking, expressions such as police violence, extortion, forged flagrant do not appear in the deliberations of prosecutors and judges. Beliefs are central to the exercise of the power to arrest and punish of judges. The police truth is a truth that has a necessary value for the operation of the legal system. In order for judges to exercise their power to punish, a police truth is the central element for the establishment of a legal truth.
45
Klocek, Jason A. "How religious actors influence the politics of transitional justice truth recovery and reconciliation in South Africa and Guatemala /." Connect to Electronic Thesis (CONTENTdm), 2009. http://worldcat.org/oclc/457041020/viewonline.
Full text
46
Tavares, Furtado Henrique. "Politics of impunity : rethinking the representations of violence through the disciplinary role of the Brazilian Truth Commission." Thesis, University of Manchester, 2016. https://www.research.manchester.ac.uk/portal/en/theses/politics-of-impunity-rethinking-the-representations-of-violence-through-the-disciplinary-role-of-the-brazilian-truth-commission(23959e88-7dbb-491a-b329-7330d8813deb).html.
Full textAbstract:
This thesis is a critique of liberal humanitarian representations of violence in the context of Post-Conflict or Post-Authoritarian struggles against impunity. In particular, it addresses the argument of “cultures of impunity” whereby punishing perpetrators of violations of human rights in transitional societies prevents the endorsement of regimes of silence and the normalisation of wrongdoing. Drawing on a Deconstructivist and Disciplinary methodology this thesis argues that debates about punishment or forgiveness in the aftermath of systematic violence have a wider political meaning and a particular historical function. Instead of mere responses to an external reality “punishment vs. impunity” debates also have a productive facet: because they represent violence in a liberal humanitarian frame, they produce a postconflictual ethos that defines (1) the modes of acceptable political resistance in the present and (2) the achievable limits of justice in the future. In order to explain this wider “politics of impunity” this thesis focuses on the Brazilian transitional case, from the end of the Dirty War in the 1970s to the establishment of the National Truth Commission (2012-2014). As such, it rejects the explanation of Brazil as a quintessential “culture of impunity,” a reasoning that blames the amnesty of perpetrators after the militarised dictatorship (1964-1985) for instituting a regime of silence about the past and creating the conditions for an eternal state of exception in Brazil. Although it recognises the merits of this logic, this work argues against it, reassessing the question in a rather different perspective. First, the thesis suggests a methodological twist: moving focus away from the conditions of implementation of justice in post-conflict and post-authoritarian scenarios into the conditions of possibility of the promise of “never again”. This thesis analyses truth commissions, criminal tribunals, and reparation programmes as parts of a historically situated set of disciplines; that is, as the conjunction between a body of knowledge and modes of conduct centred on a specific representation of violence as an intentional, cyclical, and exceptional phenomenon. In other words, it is by narrowing down what violence is that struggles against impunity can promise a future of non-recurrence. Second, the thesis then describes how this representations of violence were mobilised in order to historically produce a postconflictual reality in Brazil. By analysing the trajectory of the memory struggles (1975-) I explain how this postconflictual reality redefined the meaning of political resistance after the Dirty/Cold War, and by looking at the work of the truth commission I describe in what sense it creates a parsimonious promise of justice.
47
Issa, Fehima. "Les Commissions Vérité et Réconciliation comme mécanisme de justice transitionnelle : La question de la justice, de la vérité et de la réconciliation dans les sociétés en transition démocratique." Thesis, Paris 11, 2013. http://www.theses.fr/2013PA111012.
Full textAbstract:
La question de la justice dans les sociétés en transition est systématiquement soulevée après un conflit ou une période répressive ou autoritaire. En effet, les violations flagrantes du droit international des droits de l’homme et les violations graves du droit international humanitaire perpétrées sous les précédents régimes ne sauraient laisser aux institutions politiques nouvelles le choix de l’inaction face au passé. Les commissions vérité et réconciliation constituent un des mécanismes de la justice transitionnelle qui place la victime au cœur de ses préoccupations notamment parce que l’incrimination du bourreau n’est pas le seul objectif de la justice et que, comme le remarquait Hannah Arendt, il faut bien constater qu’il y a « des crimes qu’on ne peut ni punir, ni pardonner ». Parfois présentées comme une solution alternative à la justice pénale, ces commissions ont pour objectif d’établir les méfaits des anciens régimes. Le possible choix entre les commissions vérité et la justice répressive interne ou internationale est écarté dans cette étude qui entend accorder une place importante à la complémentarité des commissions vérité et réconciliation avec les autres mécanismes de la justice transitionnelle, notamment les poursuites judiciaires contre les auteurs des crimes de droit international les plus graves et les réparations pour les victimes. De fait, le but de cette étude n’est pas d’analyser de manière isolée ces commissions mais de constater que les normes internationales et la situation propre à chaque pays en transition limitent les options disponibles du traitement du passé. La recherche est fondée sur la méthode d'étude de cas de plusieurs pays dans une démarche comparative afin d’en tirer des conclusions aboutissant à démontrer la légitimité des commissions vérité et réconciliation en période de transition ainsi que leur fonctionnementThe issue of justice in societies in transition is systematically raised after a conflict, a repressive period or an authoritarian period. Gross violations of international human rights law and grave breaches of international humanitarian law perpetrated under previous regimes cannot let the choice of inaction concerning the past to the new political institutions.Truth and reconciliation commissions constitute one of the mechanisms of transitional justice, which place the victim at the middle of its concerns especially because the criminalization of perpetrators is not the only goal of justice and, as noted by Hannah Arendt, “men are unable to forgive what they cannot punish and are unable to punish what turns out to be unforgivable”. Sometimes presented as an alternative mean to criminal justice, these commissions aim to establish the misdeeds committed by former regimes. The possible choice between truth commissions and international or internal criminal Justice is avoided in this study, which aims to highlight the important role of the complementarity of truth and reconciliation commissions with other transitional justice mechanisms, notably legal prosecutions against the perpetrators of crimes against international law and reparations for victims. In this regard, the aim of this study is not to analyze these commissions in an isolated manner, but to notice that international standards as well as situations in each country restrict the options available for dealing with the past. This research is based on a comparative approach presenting a case study on different countries for demonstrate the legitimacy of truth and reconciliation commissions and their functioning in period of transition
48
Duri, Jorum. "Deploying transitional justice mechanisms as anti-corruption tools in Africa." University of the Western Cape, 2020. http://hdl.handle.net/11394/7620.
Full textAbstract:
Magister Legum - LLMThis thesis advocates the expansion of the field of transitional justice to address corruption in African states emerging from conflict or authoritarianism. There is a close connection between corruption and conflict or repressive regimes in Africa. A good example is the Arab Spring of 2011, where citizens of Tunisia, Egypt and Libya protested against endemic corruption, leading to removal of despotic leaders from power. Dictators or conflicts tend to leave African states in situations where their coffers have been emptied corruptly and their citizens subjected to serious physical violence. What is more, corrupt and oppressive leaders use their ill-gotten assets to escape liability for their crimes. The evident link between the two forms of abuse makes it desirable to address them simultaneously when the dictatorship or conflict ends. Many African countries have deployed transitional justice mechanisms, such as criminal prosecutions, truth commissions, institutional reforms and reparations to address violations of civil and political rights. However, they have neglected corruption and other violations of social and economic rights, notwithstanding their crucial role in the violent past. Many countries still are haunted by the unresolved legacies of corruption and other socio-economic injustices. Recently, scholars and practitioners in the fields of transitional justice and anti-corruption have started to call for corruption and other socio-economic issues to be accommodated within transitional justice programmes. Problems encountered with the expansion of transitional justice mechanisms have not been worked out yet at the level of theory, policy and practice. This thesis subscribes to transformative justice theory as the most viable perspective from which to tackle corruption in transitional societies in Africa. Transformative justice theory is gaining increasing attention in the field of transitional justice, and it has been incorporated in the recent African Union Transitional Justice Policy. It champions locally driven mechanisms which reflect the needs of the victims and local communities, and which pursue socio-economic justice and transformation. The thesis argues that the current transitional justice mechanisms have the potential to become transformative and it will seek to answer how best each of these mechanisms may be implemented to address corruption. It is hoped that this thesis will assist in answering critical questions regarding the proximate relationship between corruption and violence, and in offering guidelines towards the total integration of an anti-corruption agenda into the field of transitional justice in Africa.
49
多日帝, 室仁, and David Muroni. "Post-election violence and governance in Kenya : the rise and fall of the Truth, Justice, and Reconciliation Commission (TJRC)." Thesis, https://doors.doshisha.ac.jp/opac/opac_link/bibid/BB13142671/?lang=0, 2020. https://doors.doshisha.ac.jp/opac/opac_link/bibid/BB13142671/?lang=0.
Full textAbstract:
この論文は、ケニアの選挙後の暴力の年表に焦点を当てています。それがどのように始まり、頂点に達し、減少、そして再発を探ります。ケニアで2008年に創設された真実、正義、和解委員会は、独立後35年間の過去の人権不正と不正行為を文書化に行なった。複数の要因が組み合わされ、複数政党の大統領選挙で暴力を引き起こします。政府が問題の一部であるため、委員会による良心的な最終報告書と勧告は保留中です。This thesis focuses on the chronology of post-election violence in Kenya. It explores how it started, peaked, faded, and returned. The Truth, Justice, and Reconciliation Commission created in 2008 in Kenya documents 35 years of past human rights injustices and malpractices from independence in 1963. Multiple factors combine and trigger violence in multiparty presidential elections. The conscientious final reports and recommendations by the Commission remain in limbo as the government is part of the problem. Unequally shared land resources and a grave presidential contest cause post-election violence. Empowering the Supreme Court is a necessity for fair justice.
博士(グローバル社会研究)
Doctor of Philosophy in Global Society Studies
同志社大学
Doshisha University
50
McConnell, Jesse. "A just culture : restoring justice towards a culture of human rights." Thesis, Rhodes University, 2005. http://hdl.handle.net/10962/d1007594.
Full textAbstract:
This thesis seeks to investigate the possibility that the binary opposition between retributive and restorative forms of justice that structures the discourse on justice is unhelpful and unnecessary, particularly for societies seeking to extricate themselves from violent conflict and towards building peace and democracy. I shall argue for the importance of considering restorative justice as conceptually and historically prior to the possibility of retributive justice rather than the negation of one or the other, as well as advocate the potentially greater transformative power of the values of restorative justice which may provide a constructive alternative to retributive justice in the context of post-conflict peacebuilding.