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Dead Constitution
See other Dead Constitution Articles

Title: Legacy of Abuse
Source: The Aspen Institute
URL Source: http://www.aspeninstitute.org/atf/c ... CA704F5%7D/LEGACY_OF_ABUSE.PDF
Published: Jan 1, 2002
Author: Alice H. Henkin, Editor
Post Date: 2006-07-07 14:43:19 by Tauzero
Keywords: None
Views: 39
Comments: 1

Preface

The origin of this volume dates back to late 1988, when several rights-abusing regimes in Latin America were moving toward becoming rights-respecting democracies. At that time, the Justice and Society Program of the Aspen Institute, with the support of the Ford Foundation, brought together a group of human rights scholars and advocates for a conference on State Crimes: Punishment or Pardon. Three background papers and the conference report were published and widely distributed the following year.

At that time there appeared to be only two ways in which successor regimes might deal with human rights violators who had remained members of the community…arrest, prosecute, and punish, or amnesty and amnesia.

Much has happened since: the birth of two ad hoc international criminal tribunals, national prosecutions for gross human rights violations, the advent of a permanent International Criminal Court, the proliferation of truth commissions, an emerging jurisprudence of universal jurisdiction, the detention of former heads of state, claims for compensation by victims of abuses endured more than a generation ago. Punishment or pardon are no longer the only available options.

In 1999, the Hauser Global Law School Program at New York University School of Law, founded the Project on Transitional Justice, directed by Alex Boraine, the former Vice Chair of the Truth and Reconciliation Commission for South Africa. The Project’s experience with the issues of transitional justice, and the Aspen Institute’s earlier conference and publication, made for a felicitous institutional partnering in sponsoring a conference in November 2000, at Wye Woods, the Institute’s conference facility, on The Legacy of Abuse: Confronting the Past, Facing the Future.

A debt of gratitude is owed to Paul van Zyl and Alex Boraine whose support and assistance made this project happen, and to the Ford Foundation for helping to bring it to fruition. It is our hope that this publication will generate, as the earlier one did, a wideranging public discussion of the issues raised by the papers that follow.

Click for Full Text!


Poster Comment:

This is a wonderful look inside the mind of an enemy, and how it operates.

Know him. Learn from him. At least the first 21 pages. ;)

It has breadth, touching upon globalization, religion, the holocaust, and a few third world episodes. It has an internal logic, and raises important philosophical and practical questions.

The rub of course is in the sense of justice, which is not universal.

Read carefully. Then, informed by knowledge of race, and imbued with a white Western sense of justice, a question to think about is: What should European peoples demand, in the spirit of transitional and intergenerational justice?

Should they establish a Truth Commission? How far back should its review go?

Should there be purges?

Should there be reparations?

To what extent should they pursue criminal vs. non-criminal sanctions?

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#1. To: Tauzero (#0)

I wonder how many of these folks also are Bohemian Grovers...

Lod  posted on  2006-07-07   15:17:44 ET  Reply   Trace   Private Reply  


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