The Salvadoran Truth Commission and the Search for Justice
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Whereas impunity is typically known by the absence of accountability, this article attends to impunity's presence. It does so via two instances of impunity drawn from research in contemporary Myanmar. In these, police and soldiers contained and managed demands for accountability for torture and killing, even as political and social conditions seemed to change in favor of human rights. Through them, the article invites a rethinking of impunity beyond the parameters of projects for accountability in the case of past, massive human rights violations, so as to take the recurrent, routine practice of impunity seriously.
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The Truth and Reconciliation Commission in South Africa was a watershed case for African countries seeking to move forward with a legitimate transitional justice process. Drawing on previous lessons and various theoretical approaches, this chapter explores transitional justice in the Maghreb. In the past decades, governments in the Maghreb developed reconciliation commissions to confront injustices in previous regimes to transition towards stability, security, and peace. The chapter will examine Bouteflika's Commission of Inquiry following the Algerian Civil War, Mohammed VI's commission on human rights abuses during his father's reign, and the Tunisian commission on the former Bourguiba and Ben Ali regimes that sparked the Arab Spring. The chapter will identify the strengths and shortcomings of each commission and provide recommendations from the application of Truth and Reconciliation Commissions in the region for Libya's proposed commission once fighting between the different factions ceases.
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Thirty scholars and experts discuss and provide wide-ranging views on a variety of accountability measures: the establishment of ad hoc criminal tribunals for the Former Yugoslavia and Rwanda; truth commissions in South Africa and El Salvador; and lustration laws for the former Czechoslovakia and Germany after its reunification. Also discussed are amnesty for previous crimes and accountability, post-conflict justice involving issues pertaining to the restoration of law and order, and the rebuilding of failed national justice systems. In addition, the book also contains an important set of guidelines designed to achieve accountability and eliminate impunity. The guidelines with commentaries have been prepared by a distinguished group of experts, many of whom have also contributed articles to this volume. Published under the Transnational Publishers imprint.
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Abstract Mexico faces a severe crisis of violations of physical integrity rights. In the past fifteen years, hundreds of thousands of people have been killed, over one hundred thousand have disappeared, and torture continues to be widespread. Observers emphasize the role of impunity as a critical causal factor. Negligence and lack of capacity have been considered as causes of impunity. This article elaborates the role of ‘active impunity’, understood as the deliberate efforts by investigative authorities to undermine criminal investigations on cases of human rights violations. Observing 12 cases of violations of physical integrity rights in Mexico, occurring between 2008 and 2021 in seven states of the country, the article shows that active impunity takes place and identifies some of the mechanism through which it is produced.
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Any body or institution dealing with the missing persons issue will interact in one way or another with transitional justice proceedings, if only to examine the possibility of sharing relevant information gathered. The question becomes even more acute when international tribunals intervene in the national context where transitional justice mechanisms are operating. The authors look at the ways in which transitional justice mechanisms may support the right of families to know the fate of their relatives, and how work to resolve the missing persons issue can be reconciled with an effective fight against impunity.
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This paper examines the concept of transitional justice and makes the argument that transitional justice contexts would benefit from embracing a wider range of mechanisms. It uses the International Commission Against Impunity in Guatemala (CICIG) as an example of a non-traditional transitional justice measure and evaluates its mandate, set-up and achievements to show the advantages with a hybrid mechanism in the Guatemalan context.
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When discussing the issue of impunity, the ICL academia lacks attention to the concept of “impunity”. The understanding of the concept of impunity is limited to its damage to the value and function of criminal law, and ignores the ontological significance of the principle of equality to it. Therefore, it is impossible to explain the fundamental reason why the ICC cannot “end the history of impunity”. This paper examines the three dimensions of “impunity”. First of all, in the ontological dimension, this paper points out that impunity should be interpreted at “thick” and “thin” levels: “Thin impunity” focuses on the value and punishment function of ICL; “Thick impunity” means that the root cause of impunity is the failure to guarantee “equality before the law”. Secondly, from the perspective of epistemology, it is pointed out that the reason why the ICC can’t guarantee equality before the law lies in the “selectivity” of the court – “legal selectivity” and “political selectivity”. Finally, from the perspective of methodology, it is pointed out that the current situation of the international society in the horizontal/vertical dual structure and the structural defects of the Court decide that the ICC can’t end the impunity caused by the “absence of equality”, and advocates the introduction of the pioneering but little-known “International Commission against Impunity in Guatemala (CICIG)” model, which provides an effective way to solve the problem of impunity. Key words: Impunity; Equality; ICC; Rule of Law; Selectivity; CICIG mode
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This work updates the information reported in GII 2015. It extends the sample of countries analyzed to 69, including for the first time cases from Africa. The study measures the degrees of impunity in a comparative way, emphasizing the structure and functioning of the justice and security systems, as well as respect for human rights. The main findings include the existence of very high levels of impunity in Latin America and reaffirms the very high levels of impunity found in 2015 for the Philippines and Mexico.
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