2015
DOI: 10.1111/isqu.12209
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Human Rights Enforcement From Below: Private Actors and Prosecutorial Momentum in Latin America and Europe

Abstract: Over the last three decades, thousands of prosecutions for human rights abuses have progressed through domestic courts, a puzzling fact considering that state leaders have little incentive to punish their own agents. Previous studies have advanced rational-choice or sociological-institutionalist accounts of this phenomenon, emphasizing the role of political coalitions or regional cultures. Few, though, have recognized the local, private struggles that lie at the root of the trend toward domestic human rights e… Show more

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Cited by 22 publications
(35 citation statements)
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“…Human rights prosecutions are “any prosecutorial event that reaches a domestic court after an arrest warrant and/or an indictment has been issued for cases related to human rights abuses committed by state agents” (Dancy & Michel : 174). These prosecutions are of two basic types: (1) high‐level trials that involve military and state leaders responsible for campaigns of repression or war crimes and (2) low‐level trials that prosecute regular police or security service members for administering repressive violence, including torture, illegal imprisonment, disappearances, or sexual violence.…”
Section: Explaining Human Rights Prosecutionsmentioning
confidence: 99%
See 4 more Smart Citations
“…Human rights prosecutions are “any prosecutorial event that reaches a domestic court after an arrest warrant and/or an indictment has been issued for cases related to human rights abuses committed by state agents” (Dancy & Michel : 174). These prosecutions are of two basic types: (1) high‐level trials that involve military and state leaders responsible for campaigns of repression or war crimes and (2) low‐level trials that prosecute regular police or security service members for administering repressive violence, including torture, illegal imprisonment, disappearances, or sexual violence.…”
Section: Explaining Human Rights Prosecutionsmentioning
confidence: 99%
“…A second approach to explaining variation in human rights prosecutions is sociological. Sociological institutionalism “emphasizes ‘institutional isomorphism’ across countries” attendant to normative trends in world society (Dancy & Michel : 176; Powell & DiMaggio ). In one such account, human rights prosecutions are attributable to international convergence on liberal legal norms of justice and accountability for human rights abuses, which are embodied in multilateral legal agreements and actively promoted by a transitional justice “industry” made up of international nongovernmental organizations (INGOs) and wealthy Western donor states (Gready ; Nagy ).…”
Section: Explaining Human Rights Prosecutionsmentioning
confidence: 99%
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