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Anti-Impunity and the Human Rights Agenda

Anti-Impunity and the Human Rights Agenda

Author: Karen L.; Miller Zinaida Engle; Denise Davis
Publisher: Cambridge University Press
ISBN: 9781107439221
Published In: December 2016
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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In the twenty-first century, fighting impunity has become both the rallying cry and a metric of progress for human rights. The new emphasis on criminal prosecution represents a fundamental change in the positions and priorities of students and practitioners of human rights and transitional justice: it has become almost unquestionable common sense that criminal punishment is a legal, political, and pragmatic imperative for addressing human rights violations.

This book challenges that common sense. It does so by documenting and critically analyzing the trend toward an anti-impunity norm in a variety of institutional and geographical contexts, with an eye toward the interaction between practices at the global and local levels. Together, the chapters demonstrate how this laser focus on anti-impunity has created blind spots in practice and in scholarship that result in a constricted response to human rights violations, a narrowed conception of justice, and an impoverished approach to peace.

Introduction

Part I. What Does Anti-Immunity Mean?:

1. A genealogy of the criminal turn in human rights Karen Engle

2. Anti-impunity as deflection of argument Samuel Moyn

3. Doing history with impunity Vasuki Nesiah

Part II. How and Where Does Anti-Impunity Operate?:

4. The South African Truth Commission and the AZAPO case: a reflection almost two decades later D. M. Davis

5. Anti-impunity politics in post-genocide Rwanda Zinaida Miller

6. Whose exceptionalism? Debating the inter-American view on amnesty and the Brazilian case Fabia Fernandes Carvalho Vecoso

7. The distributive politics of impunity and anti-impunity: lessons from four decades of Colombian peace negotiations Helena Alviar Garcia and Karen Engle

8. From political repression to torturer impunity: the narrowing of Filartiga v. Pena-Irala Natalie R. Davidson

Part III. Are There Alternatives to Anti-Impunity?:

9. Impunity in a different register: people's tribunals and questions of judgment, law and responsibility Dianne Otto

10. Beyond Nuremberg: the historical significance of the post-Apartheid transition in South Africa Mahmood Mamdani.