Overview

After the transition to democracy in 1994, South Africa implemented an innovative scheme at the Truth and Reconciliation Commission, granting perpetrators conditional amnesty. It essentially calls for the prosecution of those who did not receive amnesty for the crimes they committed during the apartheid conflict. This book provides the first comprehensive analysis of prosecutions after the amnesty process. Drawing on interviews with key protagonists and largely unpublished documents, the volume analyses trials and the political background. It scrutinises the issue in the normative framework of national and international human rights law, and addresses whether the prosecutions were adequately carried out. The study thus allows a concluding evaluation of the justice and consistency of South Africa's internationally acclaimed amnesty process.

Full Product Details

Author:   Ole Bubenzer ,  Ole Bubenzer
Publisher:   Brill
Imprint:   Martinus Nijhoff
Dimensions:   Width: 16.00cm , Height: 2.00cm , Length: 24.40cm
Weight:   0.590kg
ISBN:  

9789004177031

ISBN 10:   9004177035
Pages:   262
Publication Date:   31 October 2009
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print  
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Table of Contents

Abbreviations; Preface; Introduction; Chapter One Dealing With the Legacy of the Past- Transitional Justice in South Africa: 1. The Apartheid Conflict; 2. The Negotiated Transition and the Work of the TRC; 3. Accountability for Past Human Rights Violations in the South African Context: Conditional Amnesties and Prosecutions; 4. Criminal Trials During the 1990s; Chapter Two Prosecution of Political Crimes Aft er the TRC: 1. Special Units for Post-TRC Prosecutions; 2. The Wouter Basson Case; 3. The Bisho-Massacre; 4. The Trial of Michael Luff; 5. The Case of Tyani and Gumengu; 6. Eugene Terre'Blanche; 7. The PEBCO-Three Case; 8. The Blani Case; 9. The Attempted Murder of Frank Chikane; 10. Conclusion; Chapter Three The Politics of Prosecutions: 1. Overview; 2. Bargaining Over the TRC's Legacy; 3. A Prosecution Policy for TRC-Related Cases; 4. Conclusion on Government's Political Considerations; Chapter Four Normative Standards and Practical Prospects for Further Prosecutions: 1. Constitutional and International Law Requirements; 2. The Prosecution of Torture and Statutes of Limitation; 3. Strategies and Priorities; 4. General Prospects for Further Trials; 5. Non-Prosecutions; Chapter Five Conclusion: 1. Summary of Results; 2. The Conduct of Prosecutions in the Context of the TRC Process; 3. Closing Remarks; Bibliography; Press Reports; Interviews; E-Mail Correspondence; Statements, Papers and other Documents; Index.

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Author Information

Ole Bubenzer, Doctor of Law (2009), Humboldt-Universitat zu Berlin, is currently candidate attorney at the Berlin Supreme Court. During several extended stays in South Africa from 1998 onwards, he has closely followed the political and transitional justice developments there.

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