Truth v Justice The Morality of Truth Commissions

Author: Robert I. Rotberg
Publisher: Princeton University Press
ISBN: 9781400832033
Format: PDF, ePub, Docs
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The truth commission is an increasingly common fixture of newly democratic states with repressive or strife-ridden pasts. From South Africa to Haiti, truth commissions are at work with varying degrees of support and success. To many, they are the best--or only--way to achieve a full accounting of crimes committed against fellow citizens and to prevent future conflict. Others question whether a restorative justice that sets the guilty free, that cleanses society by words alone, can deter future abuses and allow victims and their families to heal. Here, leading philosophers, lawyers, social scientists, and activists representing several perspectives look at the process of truth commissioning in general and in post-apartheid South Africa. They ask whether the truth commission, as a method of seeking justice after conflict, is fair, moral, and effective in bringing about reconciliation. The authors weigh the virtues and failings of truth commissions, especially the South African Truth and Reconciliation Commission, in their attempt to provide restorative rather than retributive justice. They examine, among other issues, the use of reparations as social policy and the granting of amnesty in exchange for testimony. Most of the contributors praise South Africa's decision to trade due process for the kinds of truth that permit closure. But they are skeptical that such revelations produce reconciliation, particularly in societies that remain divided after a compromise peace with no single victor, as in El Salvador. Ultimately, though, they find the truth commission to be a worthy if imperfect instrument for societies seeking to say "never again" with confidence. At a time when truth commissions have been proposed for Bosnia, Kosovo, Cyprus, East Timor, Cambodia, Nigeria, Palestine, and elsewhere, the authors' conclusion that restorative justice provides positive gains could not be more important. In addition to the editors, the contributors are Amy Gutmann, Rajeev Bhargava, Elizabeth Kiss, David A. Crocker, André du Toit, Alex Boraine, Dumisa Ntsebeza, Lisa Kois, Ronald C. Slye, Kent Greenawalt, Sanford Levinson, Martha Minow, Charles S. Maier, Charles Villa-Vicencio, and Wilhelm Verwoerd.

Truth v Justice The Morality of Truth Commissions

Author: Robert I. Rotberg
Publisher: Princeton University Press
ISBN: 9780691050720
Format: PDF, Mobi
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The truth commission is an increasingly common fixture of newly democratic states with repressive or strife-ridden pasts. From South Africa to Haiti, truth commissions are at work with varying degrees of support and success. To many, they are the best--or only--way to achieve a full accounting of crimes committed against fellow citizens and to prevent future conflict. Others question whether a restorative justice that sets the guilty free, that cleanses society by words alone, can deter future abuses and allow victims and their families to heal. Here, leading philosophers, lawyers, social scientists, and activists representing several perspectives look at the process of truth commissioning in general and in post-apartheid South Africa. They ask whether the truth commission, as a method of seeking justice after conflict, is fair, moral, and effective in bringing about reconciliation. The authors weigh the virtues and failings of truth commissions, especially the South African Truth and Reconciliation Commission, in their attempt to provide restorative rather than retributive justice. They examine, among other issues, the use of reparations as social policy and the granting of amnesty in exchange for testimony. Most of the contributors praise South Africa's decision to trade due process for the kinds of truth that permit closure. But they are skeptical that such revelations produce reconciliation, particularly in societies that remain divided after a compromise peace with no single victor, as in El Salvador. Ultimately, though, they find the truth commission to be a worthy if imperfect instrument for societies seeking to say "never again" with confidence. At a time when truth commissions have been proposed for Bosnia, Kosovo, Cyprus, East Timor, Cambodia, Nigeria, Palestine, and elsewhere, the authors' conclusion that restorative justice provides positive gains could not be more important. In addition to the editors, the contributors are Amy Gutmann, Rajeev Bhargava, Elizabeth Kiss, David A. Crocker, André du Toit, Alex Boraine, Dumisa Ntsebeza, Lisa Kois, Ronald C. Slye, Kent Greenawalt, Sanford Levinson, Martha Minow, Charles S. Maier, Charles Villa-Vicencio, and Wilhelm Verwoerd.

Unspeakable Truths

Author: Priscilla B. Hayner
Publisher: Routledge
ISBN: 1135960216
Format: PDF, Kindle
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First Published in 2001. Routledge is an imprint of Taylor & Francis, an informa company.

Shaping Truth Reshaping Justice

Author: Nneoma V. Nwogu
Publisher: Lexington Books
ISBN: 9780739122495
Format: PDF, ePub, Mobi
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Shaping Truth, Reshaping Justice is the first scholarly analysis of the Nigerian truth commission and provides academic material for a comparative study of African truth commissions. It relates to other academic analyses of truth commissions by uniquely providing an exposition and examination of the Nigerian truth experience.

Trial Justice

Author: Tim Allen
Publisher: Zed Books Ltd.
ISBN: 1848137931
Format: PDF, Mobi
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The International Criminal Court (ICC) has run into serious problems with its first big case -- the situation in northern Uganda. There is no doubt that appalling crimes have occurred here. Over a million people have been forced to live in overcrowded displacement camps under the control of the Ugandan army. Joseph Kony's Lord's Resistance Army has abducted thousands, many of them children and has systematically tortured, raped, maimed and killed. Nevertheless, the ICC has confronted outright hostility from a wide range of groups, including traditional leaders, representatives of the Christian Churches and non-governmental organizations. Even the Ugandan government, which invited the court to become involved, has been expressing serious reservations. Tim Allen assesses the controversy. While recognizing the difficulties involved, he shows that much of the antipathy towards the ICC's intervention is misplaced. He also draws out important wider implications of what has happened. Criminal justice sets limits to compromise and undermines established procedures of negotiation with perpetrators of violence. Events in Uganda have far reaching implications for other war zones - and not only in Africa. Amnesties and peace talks may never be quite the same again.

Truth Commissions and Transitional Societies

Author: Eric Wiebelhaus-Brahm
Publisher: Routledge
ISBN: 1135189722
Format: PDF, Docs
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This book uses a multi-method approach to examine the impact of truth commissions on subsequent human rights protection and democratic practice and features cross-national case studies on South Africa, El Salvador, Chile and Uganda.

Victim Healing and Truth Commissions

Author: Holly L. Guthrey
Publisher: Springer
ISBN: 3319124870
Format: PDF, Docs
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​This book intends to contribute to the growing body of transitional justice literature by providing insight into how truth commissions may be beneficial to victims of mass violence, based on data collected in Timor-Leste and on the Solomon Islands. Drawing on literature in the fields of victim psychology, procedural justice, and transitional justice, this study is guided by the puzzle of why truth-telling in post-conflict settings has been found to be both helpful and harmful to victims of mass violence. Existing studies have identified a range of positive benefits and negative consequences of truth-telling for victims; however, the reasons why some victims experience a sense of healing while others do not after participating in post-conflict truth commission processes continues to remain unclear. Hence, to address one piece of this complex puzzle, this book seeks to begin clarifying how truth-telling may be beneficial for victims by investigating the question: What pathways lead from truth-telling to victim healing in post-conflict settings? Building on the proposition that having voice—a key component of procedural justice—can help individuals to overcome the disempowerment and marginalisation of victimisation, this book investigates voice as a causal mechanism that can create pathways toward healing within truth commission public hearings. Comparative, empirical studies that investigate how truth-telling contributes to victim healing in post-conflict settings are scarce in the field of transitional justice. This book begins to fill an important gap in the existing body of literature. From a practical standpoint, by enhancing understanding of how truth commissions can promote healing, the findings and arguments in this volume provide insight into how the design of transitional justice processes may be improved in the future to better respond to the needs of victims of mass violence.