The provocations of amnesty : memory, justice and impunity

書誌事項

The provocations of amnesty : memory, justice and impunity

edited by Charles Villa-Vicencio and Erik Doxtader ; [contributors, Albie Sachs ... et al.]

David Philip, 2003

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注記

"Institute for Justice and Reconciliation."

Includes index

内容説明・目次

内容説明

South Africa's amnesty was a unique experiment. A path that lay 'between a Nuremberg option and total amnesia,' the amnesty process was designed in the heat of a remarkable and complex transition to constitutional democracy. Perpetrators from all sides of the conflict were asked to reveal what they did and why. According to the TRC, this equation of truth for amnesty promised not forgetting or impunity, but an important picture of the past - stories and testimony that could help the nation to 'sharpen its moral conscience and to ensure that, never, never again, will it gradually atrophy to the point where personal responsibility is abdicated.' Amnesty's challenge was to 'develop public awareness, to keep the memories alive, not only of gross violations of human rights, but of everyday life under apartheid.'

目次

  • Prosecutions, amnesty and nation-building: Debating the questions of amnesty - a symposium convened in Cape Town, 4 October 2001
  • introductory remarks
  • why prosecutions are necessary
  • the Case for a general amnesty
  • prosecutorial discretion
  • four sayings and a denouement
  • responding to the symposium - the legacy of the TRC
  • Dumisa ntsebeza - revisiting the TRC's assumptions about racial healing. Can amnesty be reconciled with justice?
  • restorative justice - ambiguities and limitations of a theory
  • alternatives to revenge - building a vocabulary of reconciliation through political pardon
  • truth commissions and judicial trials - complementary or antagonistic servants of public justice?
  • amnesty and international law. the concept, context and controversy of Public Amnesty
  • the choice for amnesty - did political Necessity Trump Moral Duty?
  • easy to forget or never (Again) hard to remember? History, Memory and the 'Publicity' of Amnesty
  • amnesty from an african point of view
  • South Africa's amnesty revisited. amnesty at the TRC - organisational dilemmas, critical assessments
  • an overview of the TRC amnesty process
  • truth, evidence, and history - a critical review of aspects of the amnesty process
  • degrees of truth - amnesty and limitations in the truth recovery project. After amnesty: Imperatives, applications, and uncertainty
  • to prosecute or not to prosecute? constitutional and legal issues concerning criminal trials
  • a second bite at the amnesty cherry? constitutional and policy issues around legislation for a Second amnesty
  • the presidential pardons and the media - healing a wound with salt
  • apartheid's victims in the Midst of Amnesty's promise
  • truth without reconciliation, reconciliation without truth.

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