- 著者
-
大串 和雄
- 出版者
- 一般財団法人 日本国際政治学会
- 雑誌
- 国際政治 (ISSN:04542215)
- 巻号頁・発行日
- vol.2022, no.207, pp.207_49-207_64, 2022-03-30 (Released:2022-03-31)
- 参考文献数
- 40
This article identifies the characteristics of transitional justice (TJ) in Latin America compared to other world regions and explores the causes of such characteristics. The author highlights seven discernible aspects in TJ as practiced in Latin America. First, Latin America pioneered the current wave of TJ in the mid-1980s. Consequently, the Latin American experience inspired and contributed to the development of the TJ “field” at the global level. Truth commissions and “the right to the truth” may be counted among such contributions. Further, numerous perpetrators were successfully prosecuted in Latin America, perhaps on par with the Western Balkans. Second, the “post-authoritarian type” predominates in Latin America’s TJ, as opposed to the “post-conflict type.” Only four countries, i.e., El Salvador, Guatemala, Peru, and Colombia, had “post-conflict TJ.” Third, the punishments of the perpetrators were almost exclusively assumed by the national courts rather than international or hybrid courts. Nevertheless, prosecutions in the national courts of foreign countries had some significance. Fourth, regional human rights institutions, i.e., the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights, were instrumental in advancing victims’ rights. Fifth, domestic factors were far more important than international factors in Latin America’s TJ. The limited international involvement may be explained by the pioneering character of Latin America’s TJ (as the international community only began to involve itself in TJ in the 1990s). More importantly, it may be attributable to the predominance of the “post-authoritarian type” (because the international community often serves as a mediator in internal armed conflict, but not in democratization settings). Sixth, the driving force of TJ in Latin America has been victims and their supporters, especially domestic human rights NGOs, which were far more instrumental than international and foreign NGOs in advancing TJ in their countries. Seventh, in Latin America, the principal demands of victims were the punishment of the perpetrators and the truth, although this conclusion should be qualified by several important caveats provided in the article. The truth can be divided between the “micro truth” (what happened to the particular victims) and the “macro truth” (the overall pattern of human rights violations and war crimes in the country). The victims were eager to discover the micro truth and, although most knew the macro truth, they demanded that it be recognized by the state and society. The article advocates for considering the Latin American experience to obtain a less skewed and more diversified representation of TJ around the world.