Anti-Impunity and the Human Rights Agenda

ISBN-13: 9781107439221 / Angielski / Miękka / 2016 / 398 str.

Karen Engle; Zinaida Miller; D. M. Davis

Opis

In the twenty-first century, fighting impunity has become both the rallying cry and a metric of progress for human rights. The new emphasis on criminal prosecution represents a fundamental change in the positions and priorities of students and practitioners of human rights and transitional justice: it has become near-unquestionable common sense that criminal punishment is a legal, political, and pragmatic imperative for addressing human rights violations. This book challenges that common sense. It does so through careful research and critical analysis that trends toward an anti-impunity norm in a variety of institutional and geographical contexts, with an eye toward the interaction among practices at the global and local levels. Altogether the authors demonstrate how this laser focus on anti-impunity has created blind spots in practice and in scholarship that result in a constricted response to human rights violations, a narrowed conception of justice, and an impoverished approach to peace.

Recenzje

'They conclude that a laser focus on anti-impunity has created blind spots in both practice and scholarship that result in a constricted response to human rights violations, a narrowed conception of justice, and an impoverished approach to peace.' Law and Social Inquiry

Spis treści

Introduction; Part I. What Does Anti-Impunity Mean?: 1. A genealogy of the criminal turn in human rights Karen Engle; 2. Anti-impunity as deflection of argument Samuel Moyn; 3. Doing history with impunity Vasuki Nesiah; Part II. How and Where Does Anti-Impunity Operate?: 4. The South African Truth Commission and the AZAPO case: a reflection almost two decades later D. M. Davis; 5. Anti-impunity politics in post-genocide Rwanda Zinaida Miller; 6. Whose exceptionalism? Debating the inter-American view on amnesty and the Brazilian case Fabia Fernandes Carvalho Veçoso; 7. The distributive politics of impunity and anti-impunity: lessons from four decades of Colombian peace negotiations Helena Alviar García and Karen Engle; 8. From political repression to torturer impunity: the narrowing of Filártiga v. Peña-Irala Natalie R. Davidson; Part III. Are There Alternatives to Anti-Impunity?: 9. Impunity in a different register: people's tribunals and questions of judgment, law and responsibility Dianne Otto; 10. Beyond Nuremberg: the historical significance of the post-Apartheid transition in South Africa Mahmood Mamdani.