Transitional Justice: How Emerging Democracies Reckon with Former Regimes, Volume 3

Front Cover
Neil J. Kritz
US Institute of Peace Press, 1995 - Law - 864 pages
"As nations move from repression to democracy, or from war to peace, the legacy of past abuses can be a heavy burden. How can a society peacefully integrate both the personnel and the victims of the former regime? How can it achieve both justice and reconciliation? USIP helped shape the field of "transitional justice" and its three-volume collection Transitional Justice: How Emerging Democracies Reckon with Former Regimes is a path breaking resource for practitioners and policymakers grappling with these difficult problems in numerous countries. The volumes cover legal, political and philosophical perspectives, and draws upon the experience of more than 20 transitions from World War II through the end of the century." --Publisher.
 

Contents

Nunca MásReport of the Argentine
3
Decree Creating the Commission of Inquiry into
48
France
71
Retribution and Ad Hoc Justice
83
New Courts
91
Questionnaires Developed by the Commission
94
Decree Establishing the National Commission
101
The Political Arena
102
Charter of the International Military Tribunal
459
Report
473
Amnesty Nullification
480
Longer be Contested
481
Treatment and Compensation of Victims
489
Rehabilitation for Victims of Gross Violations of Human Rights
500
Full Stop Law
505
Uganda
511

Purge in the Economic Sphere
109
Writers and Artists
116
Assessment of the Purge
125
Belgium
141
Italy
153
Statement by President Aylwin on the Report of
169
Report of the Commission on Truth
177
South Korea
205
Law Creating the Commission of Inquiry
216
Commissions of Inquiry Act
223
Shah Commission of Inquiry Interim Report I
235
Greece
241
Report of the Forster Commission of Inquiry
249
Public Access to the Files of the Former
259
Portugal
283
Law on Banks and Credit Activity
293
Spain
297
Constitutional Court Decision on the Panev Law
300
Report of
307
International Labour
322
Argentina
323
Memorandum on
335
The Trial in Civilian Court
340
Constitutional Court
346
Limitations on Further Prosecutions
359
Act on the Illegality of the Communist
366
Amnesty
370
Purge Laws
375
Compensation
376
Uruguay
383
Mexico Peace AgreementsProvisions
386
Screening Questionnaire Fragebogen
412
The Duty to Punish Past Abuses of Human Rights
417
Law on Background Checks to be Conducted
418
Nunca Más Report on Human Rights Violations
420
Brazil
431
A Reply to Professor Nino
437
Chile
453
Presidential Pardons
528
Czechoslovakia
533
Collaborators Special Tribunal Order
540
Law on General Amnesty for the Consolidation
546
Proclamation Establishing the Office of the Special
556
Trial of Border Guards
576
Organization of American States InterAmerican
586
Indemnity Act
593
Letter from President Sanguinetti to Amnesty
600
Convention on the NonApplicability of Statutory
615
Act Repealing the Statute of Limitations for
628
Constitution
641
Hungary
645
Recommendation on Public Liability
650
Law on Former Victims of Persecution
661
Indemnification Law
667
Law on Amnesty and Restoration of Confiscated
675
Law Creating the National Corporation
685
Bulgaria
693
Law on the Mitigation
696
Law on Extrajudicial
704
Compensation Acts
718
Albania
723
Russia
735
Constitution
738
Law Voiding Certain Convictions 19631989
748
The Law on Rehabilitation
751
ConstitutionTransitory and Final Provisions
769
International Labour Organization Report
783
Law on Rehabilitation of Victims of Political
797
Decree Establishing the National Commission
817
Country Index
819
ConstitutionTransitory and Final Provisions 426
821
Country Studies
825
Editors Introduction
834
Assessment of Denazification
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About the author (1995)

Neil J. Kritz is the Associate Vice President of the Institute's Rule of Law Program, which focuses on advancing peace through the development of democratic legal and governmental systems. Kritz conducts ongoing research, writing, and consultation on the question of how societies deal with a legacy of past abuses. He is the editor of a three-volume work, Transitional Justice: How Emerging Democracies Reckon with Former Regimes, and he has provided advice and organized conferences on questions of war crimes and mass abuses in Bosnia and Herzegovina, Cambodia, Guatemala, Indonesia, Rwanda, Sierra Leone, and South Africa.In 1990-91, at the request of the Russian Constitutional Commission, Kritz coordinated two expert reviews of the draft Russian constitution. He directs Institute working groups on humanitarian law, constitution-making, and the administration of justice during peacekeeping operations.Since 1999, he has chaired a Palestinian-Israeli legal dialogue. At the request of the United States Department of Defense, Kritz prepared a curriculum on international law and the promotion of democracy for use in training United States and foreign military officials.He has studied and written on the advancement of the rule of law through regional organizations such as the Organization for Security and Cooperation in Europe. Before coming to the Institute, Kritz served as special assistant to the chairman at the Administrative Conference of the United States. He holds a J.D. from American University's Washington College of Law.