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After the transition to democracy in 1994, South Africa implemented an innovative scheme at the Truth and Reconciliation Commission, granting perpetrators conditional amnesty. It essentially calls for the prosecution of those who did not receive amnesty for the crimes they committed during the apartheid conflict. This book provides the first comprehensive analysis of prosecutions after the amnesty process. Drawing on interviews with key protagonists and largely unpublished documents, the volume analyses trials and the political background. It scrutinises the issue in the normative framework of national and international human rights law, and addresses whether the prosecutions were adequately carried out. The study thus allows a concluding evaluation of the justice and consistency of South Africa’s internationally acclaimed amnesty process.
This book presents diverse perspectives on prosecutions in South Africa, including a foreword by playwright and actor John Kani. Throughout, it highlights such important themes related to any post-conflict prosecution as rule-of-law concerns, questions of evenhandedness and moral relativism, and the limits of a court-centered approach to justice.
"The project on 'Criminal Justice and the East German Past' held an international symposium ... from 6 to 9 April 2005 at the Humboldt University in Berlin"--Page v.
An assessment of the transitional processes aimed at creating a stable and just society in South Africa.
The volume edited by Bartłomiej Krzan offers different perspectives on the prosecution of international crimes. The analyses contained therein reflect different backgrounds, mainly legal, combining several disciplines, and making it a multidisciplinary study. The main (but definitely not the exclusive) point of reference is that of international law. In addition, other perspectives, those of legal history or sociology of law and obviously the one of criminal law (both substantive and procedural) provide useful alternatives or in most occasions complementary approaches to the examination of the prosecution of international crimes. The book combines different views, backgrounds and underlying assumptions. But gathered together they, it is to be hoped, shed some additional, useful light that might be helpful for identifying new dimensions of the reaction (judicial or other) towards international crimes. Contributors: Władysław Czapliński, Patrycja Grzebyk, Witold Jakimko, Wojciech Jasiński, David Kohout, Karolina Kremens, Bartłomiej Krzan, Krzysztof Masło, Neringa Mickevičiūtė, Robert Uerpmann-Wittzack, Regina Valutyté, Karolina Wierczyńska, Joachim Wolf, Loammi Wolf, and Justinas Žilinskas.
"Highly relevant today as prosecutors deal with the aftermath of State Capture. Fascinating from the first page to the last." - Albie Sachs, Former Justice, Constitutional Court Courageous, yet contested, Bulelani Ngcuka has always stood up for what he believes in. His decision in 2003 as National Director of Public Prosecutions not to prosecute then deputy president, Jacob Zuma, is a decision he still stands by to this day. In this sweeping biography, based on many hours of interviews with Ngcuka, author Marion Sparg uncovers the roots of his fearless activism and tells his side of the story. She goes back in time to his modest beginnings in the Eastern Cape, to his lawyering years with the formidable Griffiths Mxenge, his various periods of detention, exile, and his homecoming. Ngcuka played a critical role in establishing the National Prosecuting Authority, the elite crime-busting unit the Scorpions, and other mechanisms to tackle the country's crime and corruption problems. Soon he faced one of his most difficult tasks – confronting former comrades who had become involved in illegal activities. The Sting in the Tale is a first-hand account of our most recent legal and political history. It is also an intriguing story about political manoeuvrings, bombings and hijackings, urban-terror and "whispering" campaigns, lies, murder, alleged spies, intrigue, family, and love.
International tribunals need to interface effectively with national jurisdictions, which includes coordination with domestic judicial prosecutions as well as an appreciation for other non-judicial types of transitional justice. In this book, the authors analyze the earlier international tribunals established since the 1990s and the parallel national proceedings for each. In examining the ways in which the ICC can best coordinate with national processes this book considers the ICC’s present interactions with national jurisdictions and the statutory framework of the Rome Statute for interface with national jurisdictions.
This book examines the ambiguous role that Christianity played in South Africa's Truth and Reconciliation Commission (TRC). It has two objectives: to analyse the role Christianity played in the TRC and to highlight certain consequences that may be instructive to future international conflict resolution processes. Religion and conflict resolution is an area of significant importance. Ongoing conflicts involving Palestinians and Israelis, Muslims and Hindus, and even radical Islamic jihadists and Western countries have heightened the awareness of the potential power of religion to fuel conflict. Yet these religious traditions also promote peace and respect for others as key components in doing justice. Examining the potential role religion can play in generating peace and justice, specifically Christianity in South Africa's TRC, is of utmost importance as religiously inspired violence continues to occur. This book highlights the importance of accounting for religion in international conflict resolution.
Over the last fifteen years, the South African postapartheid Transitional Amnesty Process – implemented by the Truth and Reconciliation Commission (TRC) – has been extensively analyzed by scholars and commentators from around the world and from almost every discipline of human sciences. Lawyers, historians, anthropologists and sociologists as well as political scientists have tried to understand, describe and comment on the ‘shocking’ South African political decision to give amnesty to all who fully disclosed their politically motivated crimes committed during the apartheid era. Investigating the postapartheid transition in South Africa from a multidisciplinary perspective involving constitutional law, criminal law, history and political science, this book explores the overlapping of the postapartheid constitution-making process and the Amnesty Process for political violence under apartheid and shows that both processes represent important innovations in terms of constitutional law and transitional justice systems. Both processes contain mechanisms that encourage the constitution of the unity of the political body while ensuring future solidity and stability. From this perspective, the book deals with the importance of several concepts such as truth about the past, publicly shared memory, unity of the political body and public confession.
"Of the truth commissions to date, the South African Truth and Reconciliation Commission (TRC) has most effectively captured public attention throughout the world and provided the model for succeeding bodies. Although other truth commissions had preceded its establishment, the TRC had a far more expansive mandate: to go beyond truth-finding to promote national unity and reconciliation, to facilitate the granting of amnesty to those who made full factual disclosure, to restore the human and civil dignity of victims by providing them an opportunity to tell their own stories, and to make recommendations to the president on measures to prevent future human rights violations.