Throughout Latin America during the past 15 years, new democratic or postwar
governments have faced demands for transitional justice following the end of
authoritarian rule or the conclusion of internal armed conflicts. Demands for
justice for serious past abuses have often been met by threats of
destabilization by the perpetrators and calls for forgiving and forgetting in
the name of reconciliation. Although recent developments in and interpretations
of international law oblige states to punish those responsible for serious human
rights violations, many transitional governments insist that reconciliation
requires broad amnesty laws.
This essay first reviews basic legal and
conceptual issues relating to prosecution of, and grants of amnesty to, those
responsible for gross human rights abuses during earlier periods. A comparative
examination follows, starting with El Salvador, where the amnesty law
constitutes the most comprehensive and successful action to end efforts to
address past abuses. The essay then reviews the status of efforts in Argentina,
Chile, Honduras, Guatemala, and South Africa, where, despite amnesty laws, civil
society and courts have sought to uncover the truth about the past, hold
perpetrators accountable, and obtain redress for victims.
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