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Helena Cobban - Amnesty After Atrocity?: Healing Nations After Genocide and War Crimes

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Helena Cobban Amnesty After Atrocity?: Healing Nations After Genocide and War Crimes
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Amnesty After Atrocity?
Also by Helena Cobban
The Palestinian Liberation Organisation: People, Power, and Politics (Cambridge: Cambridge University Press, 1984)
The Making of Modern Lebanon (Boulder, CO: Westview Press, 1985)
The Superpowers and the Syrian-Israeli Conflict (New York: Praeger, 1991)
The Israeli-Syrian Peace Talks: 19911996 and Beyond (Washington, DC: U.S. Institute of Peace, 2000)
The Moral Architecture of World Peace: Nobel Laureates Discuss Our Global Future (Charlottesville: University Press of Virginia, 2000)
For Bill, with love and huge appreciation for all your gifts
First published 2007 by Paradigm Publishers
Published 2016 by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
711 Third Avenue, New York, NY 10017, USA
Routledge is an imprint of the Taylor & Francis Group, an informa business
Copyright 2007, Taylor & Francis.
All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.
Notice:
Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.
Library of Congress Cataloging-in-Publication Data
Cobban, Helena.
Amnesty after atrocity? : healing nations after genocide and war crimes / Helena
Cobban.
p. cm.
ISBN: 978-1-59451-317-6 (paperback : alk. paper)
1. War crimes. 2. Crimes against humanity. 3. War crimes trials. 4. Victims of
crimes. I. Title.
K5301.C63 2007
341.69dc22
2006012144
Designed and Typeset by Straight Creek Bookmakers.
ISBN 13: 978-1-59451-316-9 (hbk)
ISBN 13: 978-1-59451-317-6 (pbk)
Contents
ADLAssociation for the Defense of Human Rights and Public Liberties
ANCAfrican National Congress
CAVRCommission for Reception, Truth, and Reconciliation
CCMChristian Council of Mozambique
CNENational Elections Commission
CodesaConference for a Democratic South Africa
COSAGConcerned South Africans Group
DDRdisarming, demobilizing, and reintegrating
DRCDemocratic Republic of Congo
FADMMozambican Armed Defense Force
FAMMozambique Armed Forces
FHFreedom House
GPAGeneral Peace Agreement
HDIHuman Development Index
HRVCHuman Rights Violations Committee
ICCInternational Criminal Court
ICTRInternational Criminal Tribunal for Rwanda
ICTYInternational Criminal Tribunal for Yugoslavia
IDPsinternally displaced persons
IECIndependent Electoral Commission
IFPInkatha Freedom Party
IJRInstitute for Justice and Reconciliation
MHRLMozambican Human Rights League
MKUmkhonto we Sizwe (Spear of the Nation)
MPNPMulti-Party Negotiating Process
NECCNational Education Coordinating Committee
NPNational Party
NSGJNational Service for Gacaca Jurisdictions
NURCNational Unity and Reconciliation Commission
OIOSOffice of Internal Oversight Services
OTPOffice of the Prosecutor
PACPan-African Congress
PDRParty for Democracy and Renewal
PRIPenal Reform International
R&RReparation and Rehabilitation
RPFRwandan Patriotic Front
RTLMRadio et Tlvision Libre des Milles Collines
SABCSouth African Broadcasting Corporation
SANDFSouth African National Defense Force
SAPSouth African Police
SESant Egidio Community
TECTransitional Executive Council
TRCTruth and Reconciliation Commission
UDFUnited Democratic Front
UNAMIRUnited Nations Assistance Mission for Rwanda
UNDPUN Development Program
I started weaving the fabric of this book in 20002001, when several threads of my intellectual and ethical concerns about the world started coming together in new ways. Like millions of others around the world, I had been deeply inspired by the fact that South Africas people were able to escape the structural violence of apartheid and build a new democratic and inclusive political order without plunging their country into a widely feared bloodbath. In 1998 I had the privilege of meeting and listening to Archbishop Desmond Tutu here in Virginia; then I learned much more about him and about South Africas political transformation as I wrote my 2000 book The Moral Architecture of World Peace. I have a long-standing interest in the human and political dimensions of peacemaking, though previously I studied these topics mainly in Middle Eastern contexts. In the late 1990s, in addition, I became concerned about several aspects of the criminal justice system, both locally and globally, and I started to study the various theories used to justify punishment in Western thinking.
These concerns and others came together at one moment in late 2000. I was speaking at the annual conference organized by the Hilton Humanitarian Foundation and was stunned when one of my fellow panelists casually mentioned that six years after the end of Rwandas genocide, that country of 7.5 million people had 135,000 suspected genocide participants in its prison systemand had no foreseeable way of trying them all within fewer than 150 or 200 years. I concluded almost immediately that it could be fruitful to compare the very different ways in which Rwanda and South Africa had tried since 1994 to escape from their legacies of atrocious violence. A few months later, I decided to add Mozambique to the inquiry. I certainly understood that I would need to study the societies, politics, and histories of these countries a lot more deeply if I were ever to have anything worthwhile to write about them.
Many people have helped me along the way. Three who engaged in key early consultations were Francis Deng, then the UN Secretary Generals Representative on Internally Displaced Persons; Harold Saunders, director of international programs at the Kettering Foundation; and my spouse, William B. Quandt, professor at the University of Virginia. Another timely supporter was Jeanette Mansour of the C. S. Mott Foundation, which provided funding for my early work on the project. Later, a grant from the U.S. Institute of Peace helped me complete the field research; at the Institute, Neil J. Kritz and Judy Barsalou helped sharpen my thinking considerably.
In 2001 I conducted some preliminary interviews in the Hague and elsewhere in Europe. Lorna Quandt came with me and helped with the note taking. That year I also conducted some interviews in South Africa and Mozambique. Harold Annegarn and Shirley Pendlebury (both then of Witwatersrand University) and Peter Maseloa helped a lot during that trip. They all continued to keep in touch with me, providing further insights; and when I returned to Johannesburg in 2003, they once again gave generous help. (Peter even helped organize an interview with Khoisan Xonly later did I realize what a big scoop that was!) In Maputo, the Justapaz organization and its program officer Francisco Assis provided vital help during the short preliminary trip I made there in 2001.
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