Impunity and Human Rights in International Law and Practice

by Roht-Arriaza, Naomi

• ISBN13: 9780195081367
• ISBN10: 0195081366
• Format: Hardcover
• Copyright: 1995-07-13
• Publisher: Oxford University Press

Summary

This volume looks at what is being done, and what needs to be done, tocombat the lack of human sanctions for certain serious violations of humanrights. The work discusses the legal issues involved, and moves from a generalconsideration of the theories of punishment and redress which define andunderlie the fight against impunity, to a detailed look at the international lawdefining state obligations to investigate, take action against, and provideredress for victims of at least the most serious violations of human rights. Thebook contains country studies, written by experts in the field, and concludeswith an examination of the case studies, and themes and issues to be consideredin the future. Academics and lawyers in international law and human rights willfind this to be an important work.

Table of Contents

Preface and Acknowledgments	p. vii
Contributors	p. xi
Introduction	p. 3
The Legal Setting	p. 11
Punishment, Redress, and Pardon: Theoretical and Psychological Approaches	p. 13
Sources in International Treaties of an Obligation to Investigate, Prosecute, and Provide Redress	p. 24
Nontreaty Sources of the Obligation to Investigate and Prosecute	p. 39
Special Problems of a Duty to Prosecute: Derogation, Amnesties, Statutes of Limitation, and Superior Orders	p. 57
Case Studies: Europe	p. 71
Overview	p. 73
Decommunization After the "Velvet Revolutions" in East Central Europe	p. 82
Problems in Blaming and Punishing Individuals for Human Rights Violations: The Example of the Berlin Wall Shootings	p. 99
Destalinization in the Former Soviet Union	p. 113
Romania: a Persistent Culture of Impunity	p. 129
Case Studies: Latin America	p. 145
Overview	p. 147
Punishing Human Rights Abuses in Fledgling Democracies: The Case of Argentina	p. 160
Chile: Truth an Justice Under the Democratic Government	p. 171
Haiti: Searching for Alternatives	p. 185
El Salvador: a Negotiated End to Impunity?	p. 198
Case Studies: Africa and Asia	p. 219
Overview	p. 221
The Human Rights Debacle in the Philippines	p. 231
Human Rights in Cambodia	p. 243
Zimbabwe: Drawing a Line Through the Past	p. 252
South Africa: Negotiating Change?	p. 267
Conclusion: Combating Impunity	p. 281
Notes	p. 305
Index	p. 383
Table of Contents provided by Publisher. All Rights Reserved.