Prosecuting Apartheid-era Crimes?: A South African Dialogue on Justice

Front Cover
Tyler R. Giannini
International Human Rights Clinic, Human Rights Program, Harvard Law School, 2009 - History - 160 pages

In December 2005, South Africa's National Prosecuting Authority (NPA) promulgated a controversial policy on the prosecution of apartheid-era crimes, sparking renewed debate about such prosecutions and their role in the transition to democracy since 1994. The book presents a diverse collection of perspectives on prosecutions in South Africa, including a foreword by playwright and actor John Kani. Other reflections from former Truth and Reconciliation Commission (TRC) commissioners, survivors of apartheid, civil society members, and government officials outline the serious questions facing South Africa as it deals with prosecutions today.

The book traces the history of the prosecutions in South Africa including their relationship to the TRC and a recent legal challenge that asserts the NPA policy is an unconstitutional re-run of the TRC amnesty process. Throughout, the book highlights the important themes related to any post-conflict prosecution scheme including rule-of-law concerns, questions of evenhandedness and moral relativism, competing priorities and resource allocation, the limits of a court-centered approach to justice, and the potential transformative power of prosecutions.

From inside the book

 

Contents

South Africas Ongoing Pursuit of Justice
1
The TRC and Its Unfinished Business
13
Prosecutorial Powers in South Africa
44
Copyright

7 other sections not shown

Common terms and phrases

accused Adriaan Vlok Alex Boraine amended guidelines amended policy amended prosecutions policy Amnesty Committee amnesty process apartheid apartheid-era crimes APLA Appendix apply for amnesty Basson Cape Town charge committed convicted Director of Public Eugene de Kock F.W. de Klerk Former TRC Commissioner Frank Chikane full disclosure going granted amnesty gross human rights happened Human Rights Clinic human rights violations Ibid indemnity individuals International Human Rights issue Khulumani killed Klerk liberation movement Mandela Mbeki murder National Director National Prosecuting Authority NDPP NPA's omission or offence P.W. Botha past perpetrators person plea agreement plea and sentence plea bargain President Pretoria prosecution of apartheid-era Public Prosecutions pursue question Reconciliation Commission reparations Rights Clinic interview Section security forces sentence agreement society South Africa struggle Thabo Mbeki things transitional justice TRC process TRC's trial Truth and Reconciliation Truth Commission victims Vlakplaas Vlok's Wouter Basson

Bibliographic information

TitleProsecuting Apartheid-era Crimes?: A South African Dialogue on Justice
Human Rights Program practice series
Volume 2 of International Human Rights Program Practice Series
EditorTyler R. Giannini
ContributorHarvard Law School. International Human Rights Clinic
Editionillustrated
PublisherInternational Human Rights Clinic, Human Rights Program, Harvard Law School, 2009
ISBN0979639514, 9780979639517
Length160 pages
Subjects ›  ›  › 

History / Africa / South / General
History / General
Law / Alternative Dispute Resolution
Law / General
Law / Jurisprudence
Political Science / Human Rights
  
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