The role of courts in transitional justice : voices from Latin America and Spain

著者

    • Almqvist, Jessica
    • Espósito, Carlos D.

書誌事項

The role of courts in transitional justice : voices from Latin America and Spain

edited by Jessica Almqvist and Carlos Espósito

Routledge, 2012

  • : hardback

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注記

Summary: "This book examines the role of courts in times of transition. The book focuses on judicial experiences from the Iberoamerican region, in particular Argentina, Chile, Colombia, Spain and Guatemala, exploring the extent to which national courts have been able to shoulder the task of investigating and prosecuting grave crimes such as genocide, crimes against humanity and war crimes, committed in the context of a previous repressive rule or current conflict. The volume contains contributions from judges, prosecutors, and scholarly experts in the region. It offers first-hand experiences and expert findings on crucial issues surrounding the role of the courts including: balancing principles of justice and fundamental concerns about legality and non-retroactivity; security problems facing courts in conflict situations; the immense case load; the role of regional and international courts in aiding their national counterparts; and the cooperation between different and overlapping jurisdictional competences."

Includes bibliographical references and index

収録内容

  • Introduction / Jessica Almqvist and Carlos Espósito
  • Recollections of the international adjudication of cases of massacres: its relevance for transitional justice and beyond / Antônio Augusto Cançado Trindade
  • The progressive development of the international law of transitional justice: the role of the inter-American system / Felipe Gonzalez Morales
  • The possibility of criminal justice : the Argentinean experience / Ricardo Gil Lavedra
  • Chilean transitional justice and the legacy of the de facto regime / Roberto Garretón
  • Spain as an example of total oblivion with partial rehabilitation / Alicia Gil Gil
  • The challenges posed to the recent investigation of crimes committed during the Spanish Civil War and Francoism / Javier Chinchón Álvarez
  • Responding to human rights violations committed during the internal armed conflict in Peru: the limits and advances of Peruvian criminal justice / Yvan Montoya Vivanco
  • Many roads to justice: transnational prosecutions and international support for criminal investigations in post-conflict Guatemala / Naomi Roht-Arriaza and Almudena Bernabeu
  • The criminal investigation and its relationship to jurisdiction, extradition, cooperation and criminal policy / Susan Kemp
  • Colombia as a Sui Generis case / Alejandro Aponte
  • Restoring civic confidence through transitional justice / Paul Seils
  • The international criminal court: possible contributions of the Rome Statute to judicial processes in transitional societies / Elizabeth Odio Benito
  • Conclusion / Carlos Espósito and Jessica Almqvist

内容説明・目次

内容説明

Bringing together a group of outstanding judges, scholars and experts with first-hand experience in the field of transitional justice in Latin America and Spain, this book offers an insider's perspective on the enhanced role of courts in prosecuting serious human rights violations and grave crimes, such as genocide and war crimes, committed in the context of a prior repressive regime or current conflict. The book also draws attention to the ways in which regional and international courts have come to contribute to the initiation of national judicial processes. All the contributions evince that the duty to investigate and prosecute grave crimes can no longer simply be brushed to the side in societies undergoing transitions. The Role of Courts in Transitional Justice is essential reading for practitioners, policy-makers and scholars engaged in the transitional justice processes or interested in judicial and legal perspectives on the role of courts, obstacles faced, and how they may be overcome. It is unique in its ambition to offer a comprehensive and systematic account of the Latin American and Spanish experience and in bringing the insights of renowned judges and experts in the field to the forefront of the discussion.

目次

Acknowledgements, Authors' Biographies, 1. Introduction Jessica Almqvist & Carlos Esposito, 2. Recollections of the International Adjudication of Cases of Massacres: Its Relevance for Transitional Justice and Beyond Antonio Augusto Cancado Trindade, 3. The Progressive Development of the International Law of Transitional Justice: The Role of the Inter-American System Felipe Gonzalez Morales, 4. The Possibility of Criminal Justice: The Argentinean Experience Ricardo Gil Lavedra, 5. Chilean Transitional Justice and the Legacy of the De Facto Regime Roberto Garreton, 6. Spain as an Example of Total Oblivion with Partial Rehabilitation Alicia Gil Gil, 7. The Challenges posed to the Recent Investigation of Crimes Committed during the Spanish Civil War and Francoism Javier Chinchon Alvarez, 8. Responding to Human Rights Violations Committed During the Internal Armed Conflict in Peru: The Limits and Advances of Peruvian Criminal Justice Yvan Montoya Vivanco, 9. Many Roads to Justice: Transnational Prosecutions and International Support for Criminal Investigations in Post-Conflict Guatemala Naomi Roht-Arriaza & Almudena Bernabeu,10. The Criminal Investigation and Its Relationship to Jurisdiction, Extradition, Cooperation and Criminal Policy Susan Kemp, 11. Colombia as a Sui Generis Case Alejandro Aponte, 12. Restoring Civic Confidence through Transitional Justice Paul Seils, 13. The International Criminal Court: Possible Contributions of the Rome Statute to Judicial Processes in Transitional Societies Elizabeth Odio Benito, 14. Conclusion Carlos Esposito & Jessica Almqvist

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