Confronting Past Human Rights Violations

This book examines what makes accountability for previous violations more or less possible for transitional regimes to achieve. It closely examines the other vital goals of such regimes against which accountability is often balanced. The options available are not simply prosecution or pardon, as the most heated polemics of the debate over transitional justice suggest, but a range of options from complete amnesty through truth commissions and lustration or purification to prosecutions. The question, then, is not whether or not accountability can be achieved, but what degree of accountability can be achieved by a given country. The focus of the book is on the politics of transition: what makes accountability more or less feasible and what strategies are deployed by regimes to achieve greater accountability (or alternatively, greater reform). The result is a more nuanced understanding of the different conditions and possibilities that countries face, and the lesson that there is no one-size-fits-all prescription that can be handed to transitional regimes.

This book examines what makes accountability for previous abuses more or less possible for transitional regimes to achieve. It closely examines the other vital goals of such regimes against which accountability is often balanced. The options available are not simply prosecution or pardon, as the most heated polemics of the debate over transitional justice suggest, but a range of options, from complete amnesty through truth commissions and lustration or purification to prosecutions. The question, then, is not whether accountability can be achieved, but what degree of accountability can be achieved by a given country.

Why and how can records serve as evidence of human rights violations, in particular crimes against humanity, and help the fight against impunity? Archives and Human Rights shows the close relationship between archives and human rights and discusses the emergence, at the international level, of the principles of the right to truth, justice and reparation. Through a historical overview and topical case studies from different regions of the world the book discusses how records can concretely support these principles. The current examples also demonstrate how the perception of the role of the archivist has undergone a metamorphosis in recent decades, towards the idea that archivists can and must play an active role in defending basic human rights, first and foremost by enabling access to documentation on human rights violations. Confronting painful memories of the past is a way to make the ghosts disappear and begin building a brighter, more serene future. The establishment of international justice mechanisms and the creation of truth commissions are important elements of this process. The healing begins with the acknowledgment that painful chapters are essential parts of history; archives then play a crucial role by providing evidence. This book is both a tool and an inspiration to use archives in defence of human rights. The Open Access version of this book, available at http://www.taylorfrancis.com/books/e/ISBN, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

'This is a thorough and balanced work which examines the philosophical basis of human rights and tackles head on, the most commonly held suspicions and misconceptions – some of them politically motivated and deliberate – of human rights theory. If you specialize professionally or academically in the area of human rights legislation or even practical application, you'd find it useful to read this book. . .'– Phillip Taylor MBE and Elizabeth Taylor, The Barrister'The cause of human rights is powerfully expressed in these pages but equally the credibility gap that such a cause faces given the scale of human suffering in the world. Andrew Fagan offers a robust agenda of thought and action to pursue if we are serious about securing the universal enjoyment of human rights. The book is also an excellent introduction to contemporary philosophical standpoints on both the theory and practice of human rights.'– Kevin Boyle, University of Essex, UK'The idea of human rights is one of the most familiar of our time. It is, however, not well understood and often abused. Andrew Fagan takes up the "myths" and "misunderstandings" most common among both supporters and critics of human rights, and seeks to develop a clear, well-founded account of the idea. His analysis challenges all those who believe that human rights are well established and that human rights theory is only a distraction from urgent practical work.'– Michael Freeman, University of Essex, UKThis comprehensive book offers both an introduction and a critical analysis of enduring themes and issues in the contemporary theory and practice of human rights. Providing a multi-disciplinary analysis, it engages with philosophical, political and social approaches to the subject of human rights.Andrew Fagan argues that the moral authority and practical efficacy of human rights are adversely affected by a range of myths and misunderstandings – from claims regarding the moral status of human rights as a fully comprehensive moral doctrine to the view that the possession of rights is antithetical to recognising the importance of moral duties. The author also examines the claim made by some that human rights ultimately only exists as legal phenomena and that nation-states are inherently hostile to the spirit of human rights. This book will challenge people to reconsider their understanding of human rights as a global moral outlook. This monograph will become essential reading for both postgraduate and undergraduate students interested in the field of human rights. It will also be invaluable to academics, researchers and human rights practitioners involved in the human rights debate.

The end of the Cold War has changed the shape of organized violence in the world and the ways in which governments and others try to set its limits. Even the concept of international conflict is broadening to include ethnic conflicts and other kinds of violence within national borders that may affect international peace and security. What is not yet clear is whether or how these changes alter the way actors on the world scene should deal with conflict: Do the old methods still work? Are there new tools that could work better? How do old and new methods relate to each other? International Conflict Resolution After the Cold War critically examines evidence on the effectiveness of a dozen approaches to managing or resolving conflict in the world to develop insights for conflict resolution practitioners. It considers recent applications of familiar conflict management strategies, such as the use of threats of force, economic sanctions, and negotiation. It presents the first systematic assessments of the usefulness of some less familiar approaches to conflict resolution, including truth commissions, "engineered" electoral systems, autonomy arrangements, and regional organizations. It also opens up analysis of emerging issues, such as the dilemmas facing humanitarian organizations in complex emergencies. This book offers numerous practical insights and raises key questions for research on conflict resolution in a transforming world system.

Against the backdrop of globalization and mounting evidence of the corporate subversion of the Universal Declaration of Human Rights paradigm, Anna Grear interrogates the complex tendencies within law that are implicated in the emergence of 'corporate humanity'. Grear presents a critical account of legal subjectivity, linking it with law's intimate relationship with liberal capitalism in order to suggest law's special receptivity to the corporate form. She argues that in the field of human rights law, particularly within the Universal Declaration of Human Rights paradigm, human embodied vulnerability should be understood as the foundation of human rights and as a key qualifying characteristic of the human rights subject. The need to redirect human rights in order to resist their colonization by powerful economic global actors could scarcely be more urgent.