Transitional Justice In Nicaragua 1990 2012

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. Contents The Sandinista era: Regime characteristics and human rights violations The Chamorro government: Elite interests and the balance of power The Alemán administration: The revival of caudillismo The Bolaños presidency: The attempted truth commission The Ortega II government: Recovering the revolution Target Groups Researchers and students of political science, sociology, law, history, and Latin American studies Politicians, human right activists, and NGO representatives About the Author Dr. Astrid Bothmann is a political scientist currently working as project manager in the department "Politics and Society" at the ZEIT-Stiftung Ebelin und Gerd Bucerius in Hamburg. .

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 publication deals with the topic of transitional justice. In six case studies, the authors link theoretical and practical implications in order to develop some innovative approaches. Their proposals might help to deal more effectively with the transition of societies, legal orders and political systems. Young academics from various backgrounds provide fresh insights and demonstrate the relevance of the topic. The chapters analyse transitions and conflicts in Sierra Leone, Argentina, Nicaragua, Nepal, and South Sudan as well as Germany’s colonial genocide in Namibia. Thus, the book provides the reader with new insights and contributes to the ongoing debate about transitional justice. Gegenstand dieser Publikation ist das Thema „Transitional Justice“. In sechs Fallstudien verknüpfen die Autoren theoretische und praktische Implikationen, um innovative Ansätze zu entwickeln. Ihre Vorschläge wollen dazu beitragen, den Übergangsprozess von Gesellschaften, Rechtsordnungen und politischen Systemen effektiver zu gestalten. Nachwuchswissenschaftler mit unterschiedlichem fachlichem Hintergrund geben hier neue Einblicke und zeigen die fortdauernde Relevanz des Themas. Die Kapitel analysieren Übergänge und Konflikte in Sierra Leone, Argentinien, Nicaragua, Nepal und Süd-Sudan sowie den kolonialen Völkermord in Namibia. So liefert das Buch dem Leser neue Erkenntnisse und trägt zur laufenden Debatte über das Thema „Transitional Justice“ bei.

Nicaragua: Emerging from the Shadow of the Eagle details the country's unique history, culture, economics, politics, and foreign relations. Its historical coverage considers Nicaragua from pre-Columbian and colonial times as well as during the nationalist liberal era, the U.S. Marine occupation, the Somoza dictatorship, the Sandinista revolution and government, the conservative restoration after 1990, and consolidation of the FSLN's power since the return of Daniel Ortega to the presidency in 2006. The thoroughly revised and updated sixth edition features new material covering political, economic, and social developments since 2011. This includes expanded discussions on economic diversification, women and gender, and social programs. Students of Latin American politics and history will learn the how the interventions by the United States 'the eagle' to 'the north' have shaped Nicaraguan political, economic, and cultural life, but also the extent to which Nicaragua is increasingly emerging from the eagle's shadow.

This book elaborates a new framework for considering and understanding the relationship between law and memory. How can law influence collective memory? What are the mechanisms law employs to influence social perceptions of the past? And how successful is law in its attempts to rewrite narratives about the past? As the field of memory studies has grown, this book takes a step back from established transitional justice narratives, returning to the core sociological, philosophical and legal theoretical issues that underpin this field. The book then goes on to propose a new approach to the relationship between law and collective memory based on a conception of ‘legal institutions of memory’. It then elaborates the functioning of such institutions through a range of examples – taken from Japan, Iraq, Brazil, Portugal, Rwanda and Poland – that move from the work of international tribunals and truth commissions to more explicit memory legislation. The book concludes with a general assessment of the contemporary intersections of law and memory, and their legal institutionalisation. This book will be of interest to scholars with relevant interests in the sociology of law, legal theory and international law, as well as in sociology and politics.

The present book addresses the right to truth in the field of international human rights law. The objective is to verify the outlines of this right that make it unique, and which justify its own (disputable) existence in the human rights scenario as a legally binding norm. Departing from a historical perspective of the emergence of this right in International Law, the intent is to analyze the multiple debates that have marked the development of the right to truth throughout the past decades. It is explored, therefore, how the a priori abstract notion of truth became a right and the strict relation this has with the social mobilizations of victims of gross violations of human rights. To accomplish this, the book spans across the struggle, in particular, of the relatives of disappeared victims during the 1970's and 1980's when the dictatorships reigned in Latin America. It follows on the expansion of the right to truth during what has been known as the fight against impunity, until it reaches the main human rights courts. To finalize, it discusses the inclusion of the right to truth in the International Convention on the Protection of All Persons from Enforced Disappearance and the measures more commonly used to realize such right. In the book, it is concluded that the right to truth carries a singularity that is crucial for the protection of victims of gross human rights violations.

Debate as Global Pedagogy: Rwanda Rising illustrates that the teaching of debate offers an ideal educational approach for the prevention and remediation of genocide. As the antithesis of propaganda, debate and argument instruction promotes the critical thinking necessary to resist processes of propaganda that enable injustice and human rights abuses. Case studies of argumentation instruction and deliberative forums worldwide demonstrate how environments of discursive complexity can be fostered through education in debate and argumentation. The central example of Rwanda recovering from genocide in 1994 with help from innovative pedagogy by iDebate Dreamers Academy provides a model for how argumentation instruction can reduce and prevent social injustices.

Dealing with the aftermath of civil conflict or the fall of a repressive government continues to trouble countries throughout the world. Whereas much of the 1990s was occupied with debates concerning the relative merits of criminal prosecutions and truth commissions, by the end of the decade a consensus emerged that this either/or approach was inappropriate and unnecessary. A second generation of transitional justice experiences have stressed both truth and justice and recognize that a single method may inadequately serve societies rebuilding after conflict or dictatorship. Based on studies in ten countries, this book analyzes how some combine multiple institutions, others experiment with community-level initiatives that draw on traditional law and culture, whilst others combine internal actions with transnational or international ones. The authors argue that transitional justice efforts must also consider the challenges to legitimacy and local ownership emerging after external military intervention or occupation.