Transitional Justice: How Emerging Democracies Reckon with Former Regimes, Volume 2

Neil J. Kritz

US Institute of Peace Press, 1995 - Law - 832 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

• Germany after Nazism: 1
• How Circumstances: 55
• France: 71
• The Relationship Between Justice and the Prospects for: 121
• Denmark: 127
• Belgium: 141
• Italy: 153
• Perspectives on Accountability and Moral Responsibility: 155
• South Korea: 205
• Commissions of Inquiry: 223
• Greece: 241
• Public Access to the Files of the Former Secret Police: 259
• Portugal: 283
• Purge and Screening: 291
• Spain: 297
• Argentina: 323
• The Question of Prosecution: 335
• Uruguay: 383
• Brazil: 431
• Responsibility of Superiors and Subordinates: 439
• Chile: 453
• Prosecution and Amnesty: 457
• Limiting the Public Role of Those: 459
• Treatment and Compensation of Victims: 489
• Uganda: 511
• Czechoslovakia: 533
• Germany after Communism: 593
• Statutes of Limitations: 613
• Compensation and Rehabilitation: 643
• Hungary: 645
• Law on Former Victims of Persecution: 661
• Law on Amnesty and Restoration of Confiscated: 675
• Bulgaria: 693
• Law on the Mitigation: 696
• Compensation Acts: 718
• Albania: 723
• Russia: 735
• Constitution: 738
• Compensation Laws: 751
• Lithuania: 763
• ConstitutionTransitory and Final Provisions: 769
• Author Index: 771
• Laws Rulings and Reports: 778

About the author

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.

Bibliographic information

• Title: Transitional Justice: How Emerging Democracies Reckon with Former Regimes, Volume 2; Volume 2 of Transitional Justice; Transitional Justice: How Emerging Democracies Reckon with Former Regimes, Neil J. Kritz, ISBN 187837947X, 9781878379474; Transitional Justice: How Emerging Democracies Reckon with Former Regimes. Vol 1 General Considerations, Neil J. Kritz
• Editor: Neil J. Kritz
• Publisher: US Institute of Peace Press, 1995
• ISBN: 1878379445, 9781878379443
• Length: 832 pages
• Subjects: Law / Criminal Law / General; Law / General; Law / International; Political Science / Civil Rights; Political Science / Corruption & Misconduct; Political Science / International Relations / General; Political Science / Political Ideologies / Democracy