Bringing together a group of outstanding judges, scholars and experts with first-hand experience in the field of transitional justice in Latin America and Spain, this book offers an insider's perspective on the enhanced role of courts in prosecuting serious human rights violations and grave crimes, such as genocide and war crimes, committed in the context of a prior repressive regime or current conflict. The book also draws attention to the ways in which regional and international courts have come to contribute to the initiation of national judicial processes. All the contributions evince that the duty to investigate and prosecute grave crimes can no longer simply be brushed to the side in societies undergoing transitions.
The Role of Courts in Transitional Justice is essential reading for practitioners, policy-makers and scholars engaged in the transitional justice processes or interested in judicial and legal perspectives on the role of courts, obstacles faced, and how they may be overcome. It is unique in its ambition to offer a comprehensive and systematic account of the Latin American and Spanish experience and in bringing the insights of renowned judges and experts in the field to the forefront of the discussion.
págs. 1-16
Recollections of the international adjudication of massacre cases: its revelance for transitional justice and beyond
págs. 17-30
The progressive development of the international law of transitional justice: the role of the Inter-American system
págs. 31-55
The possibility of criminal justice: the Argentinean experience
págs. 56-80
págs. 81-102
págs. 103-131
págs. 132-158
Responding to human rights violations committed during the internal armed conflict in Peru: the limits and advances of Peruvian criminal justice
págs. 159-183
Many roads to justice: transnational prosecutions and international support for criminal investigations in post-conflict Guatemala
págs. 184-209
págs. 210-240
págs. 241-263
págs. 264-279
The International Criminal Court: possible contributions of the Rome Statute to judicial processes in transitional societies
págs. 280-289
págs. 290-299
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