Focusing on the evolution of transitional justice post-Cold War, this textbook delves into its fundamental principles and mechanisms such as prosecutions, amnesties, truth commissions, reparations, and public service vetting. It provides a comprehensive analysis of the legal frameworks surrounding these processes and addresses contemporary challenges in implementing transitional justice.
The book addresses the evolving landscape of international criminal law, highlighting recent developments and the increasing global interest in the subject. It discusses the transition from ad hoc Tribunals for the former Yugoslavia and Rwanda to the operational phase of the International Criminal Court, including its initial decisions on key legal issues. Additionally, it examines the rise of hybrid courts and the integration of international criminal law into domestic systems, suggesting a promising trajectory for its future development.
After the fall of the Berlin Wall in 1989, many countries transitioned from dictatorship to democracy, often grappling with serious human rights violations from their pasts. These new democracies faced critical questions: Is confronting the past essential, and how should it be approached? Should they punish past wrongs, particularly severe human rights abuses, or pursue amnesties for the sake of reconciliation? Is societal acknowledgment of past injustices necessary? How can victims be supported and their dignity restored? These questions are relevant not only during transitions to democracy but also in post-conflict scenarios following armed conflicts. This collection of contributions examines the outcomes of criminal prosecutions in Germany and the South African amnesty process from a comparative viewpoint. It addresses new challenges and proposes innovative solutions, particularly regarding the relationship between national efforts to confront the past and international criminal justice. The discussions are presented in an interdisciplinary manner, featuring insights from practitioners in national and international criminal justice, as well as legal scholars, political scientists, and theologians.