Rethinking amnesties: atrocity, accountability and impunity in post-conflict societies

Mallinder, Louise; McEvoy, Kieran

doi:10.1080/17450144.2010.534496

Cited by 48 publications

(17 citation statements)

References 52 publications

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“…However, there have been very few successful instances of justice and there are limited forms of reparations for the victims. Accountability is about ensuring that those responsible for violations are made to answer for their wrongdoing before an individual or an institution, including an enforcement process for imposing sanctions on those who violate their duties 4. Redress has the more victim‐oriented perspective of providing a means to seek a remedy for the harm caused.…”

Section: Forced Sterilisationmentioning

confidence: 99%

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Redressing forced sterilisation: the role of the medical profession

Gilmore

Moffett

2020

BJOG

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Forced sterilisation has been used by many states to control or diminish minority groups. Historic examples of forced sterilisation include those conducted by the Nazis, acting against Jewish, Roma and Sinti peoples, and the Imperial Japanese Army in Korea during the Second World War, its historic use against Native Americans in the USA, and more recent practice in Peru and in First Nations people in Canada. Although it is prohibited under international criminal law, forced sterilisation often involves medical practitioners, with little reflection on the context and drivers of such violations being demonstrated within the profession. This article sets out the historic and contemporary struggles for accountability and redress for forced sterilisation, focusing on the role of medical practitioners in such violations. Drawing from interviews conducted in Peru in May 2019, the article also suggests new ways of establishing reparations and offers a critical reflection of ethics for medical practitioners and their role in redress.

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Section: Forced Sterilisationmentioning

confidence: 99%

“…Redress has the more victim‐oriented perspective of providing a means to seek a remedy for the harm caused. The WHO's statement on forced sterilisation recognises that accountability is ‘central to preventing human rights violations’ and, for victims, an ‘avenue to air their grievances and seek redress’ 4…”

Section: Forced Sterilisationmentioning

confidence: 99%

Redressing forced sterilisation: the role of the medical profession

Gilmore

Moffett

2020

BJOG

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“…This perceived dilemma has brought another mechanism to the forefront: amnesty, which guarantees participants immunity from ex post facto criminal prosecution and/or civil liability for past crimes. While counterintuitive, this is explained by an increasing tendency to enact amnesty laws that do not provide blanket impunity, but instead grant conditional and partial amnesties that are compatible with the prosecution of core crimes (Mallinder and McEvoy 2011). According to this definition, amnesties can be enshrined in law (de jure amnesties) or can take the form of informal agreements (de facto amnesties).…”

Section: Amnestymentioning

confidence: 99%

Transitional Justice in Latin America

Collins

Skaar²,

Garcia³

2016

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“…(1) there is an individual or institution that is capable of being held to account for their decisions, actions or omissions; (2) there is an individual or institution that is empowered to hold the decision-maker accountable; (3) that there is a process by which the decision-maker is required to disclose and explain their decision; and (4) that there is an enforcement process, in which the accountability actor can impose sanctions on decision-makers who violated their duties. 89 Criminal trials are an effective way of operationalizing accountability. However, they cannot capture all perpetrators or responsible actors that perpetrate, facilitate, or benefit from forced displacement.…”

Section: The Future Of Accountability For Forced Displacementmentioning

confidence: 99%

Accountability for Forced Displacement in Democratic Republic of Congo and Uganda Before the International Criminal Court

Moffett

2015

SSRN Journal

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This article examines the challenges of investigating and prosecuting forced displacement in the Central African countries of Democratic Republic of Congo and Uganda, where higher loss of life was caused by forced displacement, than by any other. In the Democratic Republic of Congo, armed groups intentionally attacked civilian populations displacing them from their homes, to cut them off from food and medical supplies. In Northern Uganda, the government engaged in a forced displacement policy as part of its counter-insurgency against the Lord's Resistance Army, driving the civilian population into "protected villages", where at one point the weekly death toll was over 1,000 in these camps. This article critically evaluates how criminal responsibility can be established for forced displacement and alternative approaches to accountability through reparations.

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Rethinking amnesties: atrocity, accountability and impunity in post-conflict societies

Cited by 48 publications

References 52 publications

Redressing forced sterilisation: the role of the medical profession

Redressing forced sterilisation: the role of the medical profession

Transitional Justice in Latin America

Accountability for Forced Displacement in Democratic Republic of Congo and Uganda Before the International Criminal Court

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