901. Accountability for Past Abuses
- Author:
- Juan E. Méndez
- Publication Date:
- 09-1996
- Content Type:
- Working Paper
- Institution:
- Kellogg Institute for International Studies
- Abstract:
- The transitions to democracy in the 1980s have yielded a wealth of experience regarding the way societies reckon with a recent past of massive human rights violations. This paper looks at the most influential literature produced contemporaneously with those experiences and analyzes its current validity in the light of new contexts in which the issue arises. The author places emphasis first and foremost on the duties that the State owes to the victims of human rights violations and to society and then looks at the objective limitations that most transitions place on governments' ability to satisfy demands for truth and justice. These duties are part of an emerging rule of international law that demands that certain crimes should not go unpunished. But the obligations of the State to the victims and to society are varied and not dependent on each other; even if prosecution and punishment are rendered legally or politically impossible, the duties to disclose all that can be established about each violation, to offer reparations, and to dismiss the culprits from the armed and security forces remain fully in force.
- Topic:
- Democratization, Human Rights, Social Movement, Democracy, and Public Policy
- Political Geography:
- Africa, Europe, South America, Central America, and Caribbean