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Books > History > World history > From 1900 > Postwar, from 1945
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American Transitional Justice - Writing Cold War History in Human Rights Litigation (Hardcover)
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American Transitional Justice - Writing Cold War History in Human Rights Litigation (Hardcover)
Series: Human Rights in History
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Natalie Davidson offers an alternative account of Alien Tort
Statute litigation by revisiting the field's two seminal cases,
Filartiga (filed 1979) and Marcos (filed 1986), lawsuits ostensibly
concerned with torture in Paraguay and the Philippines,
respectively. Combining legal analysis, archival research and
ethnographic methods, this book reveals how these cases operated as
transitional justice mechanisms, performing the transition of the
United States and its allies out of the Cold War order. It shows
that US courts produced a whitewashed history of US involvement in
repression in the Western bloc, while in Paraguay and the
Philippines the distance from US courts allowed for a more critical
narration of the lawsuits and their underlying violence as
symptomatic of structural injustice. By exposing the political
meanings of these legal landmarks for three societies, Davidson
sheds light on the blend of hegemonic and emancipatory implications
of international human rights litigation in US courts.
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