Transitional Justice after Clean Breaks: The Case of Portugal offers a nuanced exploration of how national political actors shape transitional justice in the aftermath of authoritarian regimes. The book tackles two primary objectives: understanding the mechanisms linking the opening of a window of opportunity with transitional justice choices and unraveling the lasting effects of early decisions on justice after democracy consolidates. Filipa Raimundo and Joana Rebelo Morais present a comprehensive theoretical framework, intertwining institutional and attitudinal factors to explain the processes of coming to terms with the past that emerge out of clean break transitions. The lens provided by Portugal’s unique case study illustrates the effect of preemption and strategic calculation as well as the enduring impact of early choices in shaping the trajectory of transitional justice. Focusing on democracies emerging from collapsed regimes, this book contends that the delegitimization of the autocratic elite and its exit from power are as relevant as the anti-dictator bias and the authoritarian stigmas in shaping transitional justice debates and decision-making.

This book is the first to offer an in-depth analysis of transitional justice as an unfinished agenda in Indonesia’s democracy. Examining the implementation of transitional justice measures in post-authoritarian Indonesia, this book analyses the factors within the democratic transition that either facilitated or hindered the adoption and implementation of transitional justice measures. Furthermore, it contributes key insights from an extensive examination of ‘bottom-up’ approaches to transitional justice in Indonesia: through a range of case studies, civil society-led initiatives to truth-seeking and local reconciliation efforts. Based on extensive archival, legal and media research, as well as interviews with key actors in Indonesia’s democracy and human rights’ institutions, the book provides a significant contribution to current understandings of Indonesia’s democracy. Its analysis of the failure of state-centred transitional justice measures, and the role of civil society, also makes an important addition to comparative transitional justice studies. It will be of considerable interest to scholars and activists in the fields of Transitional Justice and Politics, as well as in Asian Studies.

Based on original empirical research, this book explores retributive and gender justice, the potentials and limits of agency, and the correlation of transitional justice and social change through case studies of current dynamics in post-violence countries such Rwanda, South Africa, Cambodia, East Timor, Columbia, Chile and Germany.

This book addresses the issue of corruption as a socio-economic rights concern at a national level. Zimbabwe’s widespread corruption inhibited its development in all aspects. It weakened institutions, especially those called upon to arbitrate political and economic contests, leading to potential human rights violations. However, Zimbabwe saw a change of government in November 2017. Due to this, there seemed to be an opening to work towards reform in relation to the anti-corruption architecture. Specifically, the new era provides an opportunity to review how accountability mechanisms (including but not limited to amnesties, truth commissions, institutional reforms and prosecutions) can address corruption as a socio-economic rights violation. As the new government still tries to address competing priorities, many moving parts and various matrixes, this volume in the International Criminal Justice Series provides a timely frame for revisiting the debate and developing the strategic thinking regarding transitional justice options in Zimbabwe. It will be of great interest to practitioners, policy makers, scholars and students in the fields of anti-corruption, socio-economic and human rights, and transitional justice. Prosper Maguchu is Visiting Assistant Professor at the Centre for the Politics of Transnational Law of the Vrije Universiteit Amsterdam, The Netherlands.

Astrid Bothmann examines historical, political and socioeconomic factors that explain the absence of transitional justice in Nicaragua from 1990 to 2012. The author provides the first systematic analysis of the reasons for the lack of transitional justice in Nicaragua after the end of the Sandinista regime and the civil war (1990). Contrary to other Latin American states of the third wave of democratization, which put the perpetrators of past crimes on trial, established truth commissions, purged political and military officials, and made reparations to the victims, Nicaragua’s first post-war government opted for a policy of national reconciliation that was based on amnesty and oblivion. Subsequent governments followed this course so that the past has not been dealt with until today.

This book investigates why some societies defer transitional justice issues after successful democratic consolidation. Despite democratisation, the exhumation of mass graves containing the victims from the violence in Cyprus (1963-1974) and the Spanish civil war (1936-1939) was delayed until the early 2000s, when both countries suddenly decided to revisit the past. Although this contradicts the actions of other countries such as South Africa, Bosnia, and Guatemala where truth recovery for disappeared/missing persons was a central element of the transition to peace and democracy, Cyprus and Spain are not alone: this is an increasing trend among countries trying to come to terms with past violence. Truth Recovery and Transitional Justice considers the case studies of Spain and Cyprus and explores three interrelated issues. First, the book examines which factors can explain prolonged silence on the issue of missing persons in transitional settings. It then goes on to explore the transformation of victims’ groups from opponents of truth recovery to vocal pro-reconciliation pressure groups, and examines the circumstances in which it is better to tie victims’ rights to an overall political settlement. Finally, the author goes on to compare Spain and Cyprus with Greece- a country that remains resistant to post-transitional justice norms. This book will be of interest to students of transitional justice, human rights, peace and conflict studies and security studies in general.

At the century's end, societies all over the world are throwing off the yoke of authoritarian rule and beginning to build democracies. At any such time of radical change, the question arises: should a society punish its ancien regime or let bygones be bygones? Transitional Justice takes this question to a new level with an interdisciplinary approach that challenges the very terms of the contemporary debate. Ruti Teitel explores the recurring dilemma of how regimes should respond to evil rule, arguing against the prevailing view favoring punishment, yet contending that the law nevertheless plays a profound role in periods of radical change. Pursuing a comparative and historical approach, she presents a compelling analysis of constitutional, legislative, and administrative responses to injustice following political upheaval. She proposes a new normative conception of justice--one that is highly politicized--offering glimmerings of the rule of law that, in her view, have become symbols of liberal transition. Its challenge to the prevailing assumptions about transitional periods makes this timely and provocative book essential reading for policymakers and scholars of revolution and new democracies.