Rule of Law

Transitional Justice: How Emerging Democracies Reckon with Former Regimes

About the Book

The transition from repressive regimes into functioning democratic societies is a worldwide phenomenon that bears examples in South Africa, Central and Eastern Europe and a host of other countries throughout the world. Committing to democracy, however, is only a small step in the process of transforming societies from pasts of genocidal violence and revolutionary repression to stable, functioning democracies that achieve justice as well as social stability. The United States Institute of Peace explores these challenging questions through an ongoing project entitled "Transitional Justice," under the direction of the Institute's Rule of Law program.

The present three-volume collection, Transitional Justice: How Emerging Democracies Reckon with Former Regimes, addresses legal, political and philosophical perspectives and studies more than 20 transitions throughout history. Its last volume provides samples of legislation, constitutional provisions and relevant treaty excerpts. The United States Institute of Peace does not endorse any one approach, but believes that a comparitive review can provide examples for leaders in emerging democracies as they confront these difficult tasks.

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Excerpts from Transitional Justice

• Foreword
  By Nelson Mandela
• The Dilemmas of Transitional Justice
  By Neil J. Kritz

Volume I: General Considerations			Volume II: Country Studies			Volume III: Laws, Rulings, and Reports
Overview Distinguishing Between Transitions: How Circumstances Shape the Available Options The Relationship Between Justice and the Prospects for a Democratic Transition Perspectives on Accountability and Moral Responsibility Documenting the Former Regime: Commissions of Inquiry Criminal Sanctions: The Question of Prosecution Responsibility of Superiors and Subordinates Non-Criminal Sanctions: Limiting the Public Role of Those Affiliated with the Former Regime Treatment and Compensation of Victims			Germany (after Nazism) France Denmark Belgium Italy South Korea Greece Portugal Spain Argentina Uruguay Brazil Chile Uganda Czechoslovakia Germany (after Communism) Hungary Bulgaria Albania Russia Lithuania			Commissions of Inquiry Public Access to the Files of the Former Secret Police Purge and Screening Prosecution and Amnesty Statutes of Limitations Compensation and Rehabilitation