The selectivity of universal jurisdiction

Capdepón, Ulrike

doi:10.4324/9780429324376-27

Cited by 14 publications

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Section: Further Steps In Post-transitional Justice: the 2022 Law Of ...mentioning

confidence: 99%

“…These complaints aimed at starting a legal examination of the crimes occurred during Francoism by applying universal jurisdiction principles in Argentinian courts with the ultimate goal of accelerating the investigations and prosecutions of such crimes in Spain 94 . Ever since then, the number of memory and human rights associations representing the victims of Francoism that have joined the first complainants have unstoppably increased, thus magnifying the significance of the Argentinian complaint, and reinforcing and attracting international organizations to create and support historical counter narratives about the Civil War, Francoism, and the Spanish Transition 95 . Hence, having observed the increasing transnational demands asking for transitional justice, in July 2020 the Council of Ministers launched the first draft of the project of Law of Democratic Memory, which was finally passed one year later, in July 2021, and finally approved and passed by the Spanish Senate in October 2022 96 .…”

Section: Further Steps In Post-transitional Justice: the 2022 Law Of ...mentioning

confidence: 99%

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Neither oblivion nor reconciliation. An analysis of post-Francoist Spanish historical memory and Transitional Justice

Fernández¹

2023

RHA

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Authoritarian regimes seek their preservation through the systematic repression of any dissidence, leading to the perpetration of crimes against anyone who might challenge the regime's values and legitimacy. Thus, when transitioning from an authoritarian regime to a democratic system, implementing a comprehensive transitional justice process is imperative to close old wounds and ensure reconciliation and reparation between the parties. Francoism, like every authoritarian regime, was not exempt from committing serious crimes against its enemies for more than three decades. Nonetheless, when Spain transitioned from a dictatorial to a democratic model, democratization was prioritized over justice. Despite the Spanish reluctance to adopt all necessary transitional justice measures during the democratization process, the Spanish Transition has been claimed to be an exemplary case to follow and study. This article aims to overview the three legal documents that were supposed to guarantee transitional justice to the victims and the Spanish society: the 1977 Amnesty Law, the 2007 Historical Memory Law, and the recently passed 2022 Law of Democratic Memory. This article concludes that although the 2022 Law of Democratic Memory has solved some of the flaws of previous legislation, there are still some key aspects of transitional justice which remain unaddressed.

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Section: Further Steps In Post-transitional Justice: the 2022 Law Of ...mentioning

confidence: 99%

Section: Further Steps In Post-transitional Justice: the 2022 Law Of ...mentioning

confidence: 99%

Neither oblivion nor reconciliation. An analysis of post-Francoist Spanish historical memory and Transitional Justice

Fernández¹

2023

RHA

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Justice and Memory after Dictatorship

Grosescu

2024

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This book provides a path-breaking socio-historical account of the global transformation of international criminal law (ICL) through the engagement of justice activists and national courts in Latin America and Central Eastern Europe (CEE). Based on ethnographic observation, analyses of jurisprudence, and interviews with lawyers and judicial officials from Argentina, Brazil, Bulgaria, Estonia, Guatemala, Lithuania, Paraguay, and Romania, it demonstrates how judges, prosecutors, and human rights campaigners constructed novel and counter-hegemonic readings of ICL to fight impunity and realize justice for gross human rights violations after the fall of the military and communist dictatorships at the end of the 1980s. These reinterpretations were fundamentally shaped by the legal education and specific visions about the relationship between law and politics of particular legal actors and organizations, including their quest to establish particular historical narratives about the dictatorial past and question an international order that peripheralized the political violence that had unfolded in Latin America and CEE during the Cold War. Rather than a set of neutrally constructed doctrines, rules, and procedures, this book helps to reveal how the law is enacted, fashioned, and refashioned at the intersection of history, politics, and the subjective attitudes of the legal actors towards the social world.

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Grosescu

2024

Justice and Memory After Dictatorship

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The selectivity of universal jurisdiction

Cited by 14 publications

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Neither oblivion nor reconciliation. An analysis of post-Francoist Spanish historical memory and Transitional Justice

Neither oblivion nor reconciliation. An analysis of post-Francoist Spanish historical memory and Transitional Justice

Justice and Memory after Dictatorship

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