Prosecutorial Accountability and Victims' Rights in Latin America

Prosecutorial Accountability and Victims' Rights in Latin America

Author: Verónica Michel

Publisher: Cambridge University Press

Published: 2018-01-18

Total Pages: 247

ISBN-13: 1108390137

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The responsibility of any state is to protect its citizens. But if a state, either through omission or commission, fails to investigate and prosecute crime then what remedies do citizens have? Verónica Michel investigates procedural rights in Chile, Guatemala, and Mexico that allow citizens to call for the appointment of a private prosecutor to initiate criminal investigations. This right diminishes the monopoly of the state over criminal prosecutions and thus offers citizens a way of insisting on state accountability. This book provides the first full-length empirical study of how the victims' right to private prosecution can impact access to justice in Latin America, and shows how institutional and legal arrangements interact to shape the politics of criminal justice. By examining homicide cases in detail, Michel highlights how everyday legal struggles can help build the rule of law from below.


Book Synopsis Prosecutorial Accountability and Victims' Rights in Latin America by : Verónica Michel

Download or read book Prosecutorial Accountability and Victims' Rights in Latin America written by Verónica Michel and published by Cambridge University Press. This book was released on 2018-01-18 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: The responsibility of any state is to protect its citizens. But if a state, either through omission or commission, fails to investigate and prosecute crime then what remedies do citizens have? Verónica Michel investigates procedural rights in Chile, Guatemala, and Mexico that allow citizens to call for the appointment of a private prosecutor to initiate criminal investigations. This right diminishes the monopoly of the state over criminal prosecutions and thus offers citizens a way of insisting on state accountability. This book provides the first full-length empirical study of how the victims' right to private prosecution can impact access to justice in Latin America, and shows how institutional and legal arrangements interact to shape the politics of criminal justice. By examining homicide cases in detail, Michel highlights how everyday legal struggles can help build the rule of law from below.


Transitional Justice in Latin America

Transitional Justice in Latin America

Author: Elin Skaar

Publisher: Routledge

Published: 2016-10-27

Total Pages: 318

ISBN-13: 1317526201

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This book addresses current developments in transitional justice in Latin America – effectively the first region to undergo concentrated transitional justice experiences in modern times. Using a comparative approach, it examines trajectories in truth, justice, reparations, and amnesties in countries emerging from periods of massive violations of human rights and humanitarian law. The book examines the cases of Argentina, Brazil, Chile, Colombia, Guatemala, El Salvador, Paraguay, Peru and Uruguay, developing and applying a common analytical framework to provide a systematic, qualitative and comparative analysis of their transitional justice experiences. More specifically, the book investigates to what extent there has been a shift from impunity towards accountability for past human rights violations in Latin America. Using ‘thick’, but structured, narratives – which allow patterns to emerge, rather than being imposed – the book assesses how the quality, timing and sequencing of transitional justice mechanisms, along with the context in which they appear, have mattered for the nature and impact of transitional justice processes in the region. Offering a new approach to assessing transitional justice, and challenging many assumptions in the established literature, this book will be of enormous benefit to scholars and others working in this area.


Book Synopsis Transitional Justice in Latin America by : Elin Skaar

Download or read book Transitional Justice in Latin America written by Elin Skaar and published by Routledge. This book was released on 2016-10-27 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses current developments in transitional justice in Latin America – effectively the first region to undergo concentrated transitional justice experiences in modern times. Using a comparative approach, it examines trajectories in truth, justice, reparations, and amnesties in countries emerging from periods of massive violations of human rights and humanitarian law. The book examines the cases of Argentina, Brazil, Chile, Colombia, Guatemala, El Salvador, Paraguay, Peru and Uruguay, developing and applying a common analytical framework to provide a systematic, qualitative and comparative analysis of their transitional justice experiences. More specifically, the book investigates to what extent there has been a shift from impunity towards accountability for past human rights violations in Latin America. Using ‘thick’, but structured, narratives – which allow patterns to emerge, rather than being imposed – the book assesses how the quality, timing and sequencing of transitional justice mechanisms, along with the context in which they appear, have mattered for the nature and impact of transitional justice processes in the region. Offering a new approach to assessing transitional justice, and challenging many assumptions in the established literature, this book will be of enormous benefit to scholars and others working in this area.


Seeking Human Rights Justice in Latin America

Seeking Human Rights Justice in Latin America

Author: Jeffrey Davis

Publisher: Cambridge University Press

Published: 2013-11-18

Total Pages: 257

ISBN-13: 1107511674

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This book studies how victims of human rights violations in Latin America, their families, and their advocates work to overcome entrenched impunity and seek legal justice. Their struggles show that legal justice is a multifaceted process, the overarching purpose of which is to restore human dignity and prevent further violence. Uncovering, revealing, and proving the truth are essential elements of legal justice, and are also powerful tools to activate the process. When faced with stubborn impunity at home, victims, families, and advocates can carry on their work for legal justice by bringing cases in courts in other countries or in the inter-American human rights system. These extra-territorial courts can jump-start the process of legal justice at home. Seeking Human Rights Justice in Latin America examines the political and legal struggle through the lens of the human story at the heart of these cases.


Book Synopsis Seeking Human Rights Justice in Latin America by : Jeffrey Davis

Download or read book Seeking Human Rights Justice in Latin America written by Jeffrey Davis and published by Cambridge University Press. This book was released on 2013-11-18 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book studies how victims of human rights violations in Latin America, their families, and their advocates work to overcome entrenched impunity and seek legal justice. Their struggles show that legal justice is a multifaceted process, the overarching purpose of which is to restore human dignity and prevent further violence. Uncovering, revealing, and proving the truth are essential elements of legal justice, and are also powerful tools to activate the process. When faced with stubborn impunity at home, victims, families, and advocates can carry on their work for legal justice by bringing cases in courts in other countries or in the inter-American human rights system. These extra-territorial courts can jump-start the process of legal justice at home. Seeking Human Rights Justice in Latin America examines the political and legal struggle through the lens of the human story at the heart of these cases.


Access to Justice, Victims' Rights, and Private Prosecution in Latin America

Access to Justice, Victims' Rights, and Private Prosecution in Latin America

Author: Verónica Michel-Luviano

Publisher:

Published: 2012

Total Pages: 346

ISBN-13:

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Book Synopsis Access to Justice, Victims' Rights, and Private Prosecution in Latin America by : Verónica Michel-Luviano

Download or read book Access to Justice, Victims' Rights, and Private Prosecution in Latin America written by Verónica Michel-Luviano and published by . This book was released on 2012 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt:


Complementarity, Catalysts, Compliance

Complementarity, Catalysts, Compliance

Author: Christian M. De Vos

Publisher: Cambridge University Press

Published: 2020-04-23

Total Pages: 389

ISBN-13: 1316996972

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Since its establishment at the turn of the century, a central preoccupation of the International Criminal Court (ICC) has been to catalyse the pursuit of criminal accountability at the domestic level. Drawing on ten years of research, this book theorizes the ICC's principle of complementarity as a transnational site and adaptive strategy for realizing an array of ambitious governance goals. Through a grounded, inter-disciplinary approach, it illustrates how complementarity came to be framed as a 'catalyst for compliance' and its unexpected effects on the legal frameworks and institutions of three different ICC 'situation countries' in Africa: Uganda, Kenya, and the Democratic Republic of Congo. Linking complementarity's law and practice to contemporary debates in international law and relations, the book unsettles international law's dominant progressive narrative. It urges a critical rethinking of the ICC's politics and a reorientation towards international criminal justice as a project of global legal pluralism.


Book Synopsis Complementarity, Catalysts, Compliance by : Christian M. De Vos

Download or read book Complementarity, Catalysts, Compliance written by Christian M. De Vos and published by Cambridge University Press. This book was released on 2020-04-23 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its establishment at the turn of the century, a central preoccupation of the International Criminal Court (ICC) has been to catalyse the pursuit of criminal accountability at the domestic level. Drawing on ten years of research, this book theorizes the ICC's principle of complementarity as a transnational site and adaptive strategy for realizing an array of ambitious governance goals. Through a grounded, inter-disciplinary approach, it illustrates how complementarity came to be framed as a 'catalyst for compliance' and its unexpected effects on the legal frameworks and institutions of three different ICC 'situation countries' in Africa: Uganda, Kenya, and the Democratic Republic of Congo. Linking complementarity's law and practice to contemporary debates in international law and relations, the book unsettles international law's dominant progressive narrative. It urges a critical rethinking of the ICC's politics and a reorientation towards international criminal justice as a project of global legal pluralism.


Prosecutors, Voters and The Criminalization of Corruption in Latin America

Prosecutors, Voters and The Criminalization of Corruption in Latin America

Author: Ezequiel A. Gonzalez-Ocantos

Publisher: Cambridge University Press

Published: 2023-04-30

Total Pages: 323

ISBN-13: 1009329847

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Studies the largest foreign bribery case in history to identify the drivers, impact and dilemmas of resolute anti-corruption efforts.


Book Synopsis Prosecutors, Voters and The Criminalization of Corruption in Latin America by : Ezequiel A. Gonzalez-Ocantos

Download or read book Prosecutors, Voters and The Criminalization of Corruption in Latin America written by Ezequiel A. Gonzalez-Ocantos and published by Cambridge University Press. This book was released on 2023-04-30 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Studies the largest foreign bribery case in history to identify the drivers, impact and dilemmas of resolute anti-corruption efforts.


Institutions of Human Rights

Institutions of Human Rights

Author: Gordon DiGiacomo

Publisher: University of Toronto Press

Published: 2019-01-01

Total Pages: 328

ISBN-13: 1487593244

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Written from a global perspective, The Institutions of Human Rights examines international human rights institutions and procedures, as well as weighty issues such as the protection of refugee and labor laws. Closely examining international human rights organizations, including the International Labour Organization, the International Criminal Court, and the European Court of Human Rights, this text places a particular focus on how institutions function, arguing that to truly understand human rights affairs one must also understand the politics and motivations at the core of these institutions. Each chapter includes key learning objectives and take-away messages and concludes with discussion questions to promote critical thinking and engagement.


Book Synopsis Institutions of Human Rights by : Gordon DiGiacomo

Download or read book Institutions of Human Rights written by Gordon DiGiacomo and published by University of Toronto Press. This book was released on 2019-01-01 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written from a global perspective, The Institutions of Human Rights examines international human rights institutions and procedures, as well as weighty issues such as the protection of refugee and labor laws. Closely examining international human rights organizations, including the International Labour Organization, the International Criminal Court, and the European Court of Human Rights, this text places a particular focus on how institutions function, arguing that to truly understand human rights affairs one must also understand the politics and motivations at the core of these institutions. Each chapter includes key learning objectives and take-away messages and concludes with discussion questions to promote critical thinking and engagement.


The Limits of Judicialization

The Limits of Judicialization

Author: Sandra Botero

Publisher: Cambridge University Press

Published: 2022-08-25

Total Pages: 363

ISBN-13: 1009103415

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Latin America was one of the earliest and most enthusiastic adopters of what has come to be known as the judicialization of politics - the use of law and legal institutions as tools of social contestation to curb the abuse of power in government, resolve policy disputes, and enforce and expand civil, political, and socio-economic rights. Almost forty years into this experiment, The Limits of Judicialization brings together a cross-disciplinary group of scholars to assess the role that law and courts play in Latin American politics. Featuring studies of hot-button topics including abortion, state violence, judicial corruption, and corruption prosecutions, this volume argues that the institutional and cultural changes that empowered courts, what the editors call the 'judicialization superstructure,' often fall short of the promise of greater accountability and rights protection. Illustrative and expansive, this volume offers a truly interdisciplinary analysis of the limits of judicialized politics.


Book Synopsis The Limits of Judicialization by : Sandra Botero

Download or read book The Limits of Judicialization written by Sandra Botero and published by Cambridge University Press. This book was released on 2022-08-25 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Latin America was one of the earliest and most enthusiastic adopters of what has come to be known as the judicialization of politics - the use of law and legal institutions as tools of social contestation to curb the abuse of power in government, resolve policy disputes, and enforce and expand civil, political, and socio-economic rights. Almost forty years into this experiment, The Limits of Judicialization brings together a cross-disciplinary group of scholars to assess the role that law and courts play in Latin American politics. Featuring studies of hot-button topics including abortion, state violence, judicial corruption, and corruption prosecutions, this volume argues that the institutional and cultural changes that empowered courts, what the editors call the 'judicialization superstructure,' often fall short of the promise of greater accountability and rights protection. Illustrative and expansive, this volume offers a truly interdisciplinary analysis of the limits of judicialized politics.


Studies in Law, Politics, and Society

Studies in Law, Politics, and Society

Author: Austin Sarat

Publisher: Emerald Group Publishing

Published: 2020-05-04

Total Pages: 196

ISBN-13: 1839822805

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This volume of Studies in Law, Politics and Society brings together an international and interdisciplinary array of scholars to explore issues on the cutting edge of socio-legal research.


Book Synopsis Studies in Law, Politics, and Society by : Austin Sarat

Download or read book Studies in Law, Politics, and Society written by Austin Sarat and published by Emerald Group Publishing. This book was released on 2020-05-04 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume of Studies in Law, Politics and Society brings together an international and interdisciplinary array of scholars to explore issues on the cutting edge of socio-legal research.


The Condor Trials

The Condor Trials

Author: Francesca Lessa

Publisher: Yale University Press

Published: 2022

Total Pages: 392

ISBN-13: 0300254091

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Stories of transnational terror and justice illuminate the past and present of South America's struggles for human rights. Through the voices of survivors, human rights activists, judicial actors, and experts, The Condor Trials unravels the secrets of transnational repression masterminded by South American dictators between 1969 and 1981. Under Operation Condor, the regimes of Argentina, Bolivia, Brazil, Chile, Paraguay, and Uruguay closely monitored hundreds of exiles and kidnapped, tortured, murdered, or forcibly returned them to their countries of origin. This cross-border network designed to silence opposition in exile transformed South America into a borderless zone of terror and impunity. Francesca Lessa shows how, gradually, transnational networks of activists materialized and effectively transcended national borders to achieve justice for the victims of these horrors. Based on extensive fieldwork, archival research, trial ethnography, and over 100 interviews, The Condor Trials explores South America's past and present and sheds light on ongoing struggles for justice as its societies come to terms with the unparalleled atrocities of their not-so-distant pasts.


Book Synopsis The Condor Trials by : Francesca Lessa

Download or read book The Condor Trials written by Francesca Lessa and published by Yale University Press. This book was released on 2022 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Stories of transnational terror and justice illuminate the past and present of South America's struggles for human rights. Through the voices of survivors, human rights activists, judicial actors, and experts, The Condor Trials unravels the secrets of transnational repression masterminded by South American dictators between 1969 and 1981. Under Operation Condor, the regimes of Argentina, Bolivia, Brazil, Chile, Paraguay, and Uruguay closely monitored hundreds of exiles and kidnapped, tortured, murdered, or forcibly returned them to their countries of origin. This cross-border network designed to silence opposition in exile transformed South America into a borderless zone of terror and impunity. Francesca Lessa shows how, gradually, transnational networks of activists materialized and effectively transcended national borders to achieve justice for the victims of these horrors. Based on extensive fieldwork, archival research, trial ethnography, and over 100 interviews, The Condor Trials explores South America's past and present and sheds light on ongoing struggles for justice as its societies come to terms with the unparalleled atrocities of their not-so-distant pasts.