As dictatorships topple around the world and transitional regimes
emerge from the political rubble, the new governments inherit a
legacy of widespread repression against the civilian population.
This repression ranges from torture, forced disappearances, and
imprisonment to the killings of both real and perceived political
opponents. Nonetheless, the official status of the perpetrators
shields them from sanction, creating a culture of impunity in which
the most inhumane acts can be carried out without fear of
repercussions. The new governments wrestle with whether or not to
investigate prior wrongdoings by state officials. They must
determine who, if any, of those responsible for the worst crimes
should be brought to justice, even if this means annulling a
previous amnesty law or risking a violent backlash by military or
security forces. Finally, they have to decide how to compensate the
victims of this repression, if at all.
Beginning with a general consideration of theories of punishment
and redress for victims, Impunity and Human Rights in International
Law and Practice explores how international law provides guidance
on these issues of investigation, prosecution, and compensation. It
reviews some of the more well-known historical examples of
societies grappling with impunity, including those arising from the
Second World War and from the fall of the Greek, Spanish, and
Portuguese dictatorships in the 1970s. Country studies from around
the world look at how the problem of impunity has been dealt with
in practice in the last two decades. The work then distills these
experiences into a general discussion of what has and hasn't
worked. It concludes by considering the role of international law
and institutions in the future, especially given renewed interest
in international mechanisms to punish wrong-doers.
As individuals, governments, and international organizations come
to grips with histories of repression and impunity in countries
around the world, the need to define legal procedures and criteria
for dealing with past abuses of human rights takes on a special
importance. Impunity and Human Rightsin International Law and
Practice aims to share their experiences in the hope that lawyers,
scholars, and activists in those countries where dealing with the
past is only now becoming an imperative may learn from those who
have recently confronted similar challenges. This work will be
essential reading for lawyers, political and social scientists,
historians and journalists, as well as human rights experts
concerned with this important issue.
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