Suchergebnisse

Examines state obligations to victims of human rights abuses & to society at large, arguing that these obligations are multifaceted & can be fulfilled separately, but should not be viewed as alternatives to one another. Emerging principles suggest that the state must investigate, prosecute, & punish perpetrators of crimes against humanity; disclose the abuse to the public; offer victims reparations; & remove perpetrators from authority. These obligations correspond to the right of the victims to justice, compensation & restitution, & new accountable institutions. It is argued that each of these obligations is individually integral to a fair policy of accountability, but the state only has an obligation of means rather than result, meaning that the state complies with its duty to punish by prosecuting in good faith, even if a conviction is not gained. It is contended that prosecution is morally justified for its deterrent effect, by respect for the norm that prohibits human rights abuses, & as a means of separating collective from individual guilt. In this context, the notion that democratic leaders should forego attempts to restore justice via criminal prosecutions is challenged. M. Greenberg

Efforts at accountability for crimes against humanity in Latin America are discussed, along with a review of the contributions of the Inter-American Commission & the Inter-American Court of Human Rights. Impunity (both de jure & de facto) for severe crimes against humanity, eg, execution, torture, disappearance, has, unfortunately, been a common feature in Latin American countries. The inter-American rights organizations have had to deal with impunity & have made significant contributions. They have played a leading role at some times & inspired domestic organizations, while at other times they have lagged behind the national institutions in setting out progressive legal principles. The states' obligations are to take affirmative steps to eradicate impunity in state crimes, establish the truth, provide reparation, & purge the government, police, & military forces of human rights violators. Examples of the Commission's & the Court's involvement in Guatemala, El Salvador, Haiti, Chile, & Argentina are described. 24 References. M. Pflum