The promotion of criminal justice in times of transition, the inter-American system of human rights and the cases of Argentina, El Salvador and Peru
Abstract/Contents
- Abstract
- Abstract Late twentieth-century Latin America was characterized by a succession of authoritarian regimes, state-sponsored death squads, paramilitary activities and a resulting dismaying number of victims. These victims suffered old and new modalities of state terror. Together with the human rights attorneys who assisted them, the victims have been the primary artifices of innovative methods to hold perpetrators accountable. To their credit is the successive outlawing of amnesty provisions in the sub-region, either by the domestic judiciaries or by the political branches of power. Indeed, Latin American states have recently prosecuted an impressive number of perpetrators of human rights abuses, chief among them former military and democratically elected heads of state. In the wake of the policy debate between peace and justice, the states of the sub-region have preponderantly veered toward justice. Due to its widespread nature, this trend has been characterized as a "justice cascade." Scholars from within and outside the region have started to acknowledge the influence of a regional force in the cascade's formation and, more notably, expansion. This influence is first and foremost a regional force, namely the normative, procedural and structural directives coming from both the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights. My dissertation describes the contribution made by the victims of state terror to the creation, expansion and eventual reformulation of the Inter-American directives on this front. At the same time, it explores the role played by the victims of state terror, their legal representatives and criminal law judges in advancing states' compliance with the Commission and the Court's directives in a context of public hostility to the idea that those accused of criminal offenses deserve human rights. On this note, my dissertation highlights the obstacles faced by the victims of state terror and their legal representatives in promoting fair and effective prosecutions of the crimes of the past and of the present, as well as the key alliances they forged in their pursuit. Finally, my dissertation identifies crucial variables to be taken into consideration when designing an explanatory study of the differentiated impact of the Inter-American case law upon the several Latin American transitions.
Description
| Type of resource | text |
|---|---|
| Form | electronic; electronic resource; remote |
| Extent | 1 online resource. |
| Publication date | 2012 |
| Issuance | monographic |
| Language | English |
Creators/Contributors
| Associated with | Naddeo, Cecilia Cristina, Ms |
|---|---|
| Associated with | Stanford University, School of Law. |
| Primary advisor | Martinez, Jenny S |
| Thesis advisor | Martinez, Jenny S |
| Thesis advisor | Karl, Terry Lynn, 1947- |
| Thesis advisor | Stacy, Helen |
| Advisor | Karl, Terry Lynn, 1947- |
| Advisor | Stacy, Helen |
Subjects
| Genre | Theses |
|---|
Bibliographic information
| Statement of responsibility | Ms Cecilia Cristina Naddeo. |
|---|---|
| Note | Submitted to the School of Law. |
| Thesis | Thesis (JSD)--Stanford University, 2012. |
| Location | electronic resource |
Access conditions
- Copyright
- © 2012 by Cecilia Cristina Naddeo
- License
- This work is licensed under a Creative Commons Attribution Non Commercial 3.0 Unported license (CC BY-NC).
Also listed in
Loading usage metrics...