The Development of Institutions of Human Rights A Comparative Study

During the transition to democracy, states have used various mechanisms to address previous human rights abuses including  trials, truth and reconciliation commissions and internationalized tribunals. This volume analyzes the transitional justice cho

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Perspectives on Comparative Politics Published by Palgrave Macmillan The Struggle against Corruption: A Comparative Study Edited by Roberta Ann Johnson Women, Democracy, and Globalization in North America: A Comparative Study By Jane Bayes, Patricia Begne, Laura Gonzalez, Lois Harder, Mary Hawkesworth, and Laura Macdonald Politics and Ethnicity: A Comparative Study By Joseph Rudolph The Politics of Immigration in France, Britain, and the United States: A Comparative Study By Martin Schain Politics, Policy, and Health Care: A Comparative Study By Paul Godt Social Movements in Politics, Second Edition By Cyrus Ernesto Zirakzadeh The Development of Institutions of Human Rights: A Comparative Study Edited by Lilian A. Barria and Steven D. Roper

The Development of Institutions of Human Rights A Comparative Study Edited by Lilian A. Barria and Steven D. Roper

THE DEVELOPMENT OF INSTITUTIONS OF HUMAN RIGHTS

Copyright © Edited by Lilian A. Barria and Steven D. Roper, 2010. Softcover reprint of the hardcover 1st edition 2010 All rights reserved. First published in 2010 by PALGRAVE MACMILLAN® in the United States—a division of St. Martin’s Press LLC, 175 Fifth Avenue, New York, NY 10010. Where this book is distributed in the UK, Europe and the rest of the world, this is by Palgrave Macmillan, a division of Macmillan Publishers Limited, registered in England, company number 785998, of Houndmills, Basingstoke, Hampshire RG21 6XS. Palgrave Macmillan is the global academic imprint of the above companies and has companies and representatives throughout the world. Palgrave® and Macmillan® are registered trademarks in the United States, the United Kingdom, Europe and other countries. ISBN: 978–1–4039–7653–6 (paperback) ISBN: 978–1–4039–7652–9 (lithocase) Library of Congress Cataloging-in-Publication Data is available from the Library of Congress. A catalogue record of the book is available from the British Library. Design by Newgen Imaging Systems (P) Ltd., Chennai, India. First edition: June 2010 10 9 8 7 6 5 4 3 2 1 ISBN 978-1-4039-7653-6 ISBN 978-0-230-10948-3 (eBook) DOI 10.1057/9780230109483

To Francesca Isabella, our joy

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CON T E N T S

Series Editor Foreword

ix

Preface and Acknowledgments

xi

List of Abbrevations

xiii

About the Authors

xv

Part I Introduction 1 Mechanisms of Transitional Justice Lilian A. Barria and Steven D. Roper

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Part II Argentina 2 Argentina’s Proceso: Societal “Reform” through Premeditated Terror Timothy Wilson 3 Successes and Limitations of the CONADEP Experience in the Determination of Responsibilities for Human Rights Violations in Argentina Emilio Crenzel 4 Recalling the Legacy of the 1985 Trial of the Military in Argentina Mario Di Paolantonio

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33

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Part III Bosnia-Herzegovina 5 Violence Born of History/History Born of Violence: A Brief Context for Understanding the Bosnian War Christina M. Morus

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6 Transitional Justice in Bosnia: The International Criminal Tribunal for the Former Yugoslavia Janine Natalya Clark

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7 Home Court Adv