• Iberoamérica
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• v.13 no.1
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• pp.41-67
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• 2011

El Salvador had suffered some 75,000 casualties, mostly civilian, from violent civil conflict(1980-92). In 1992, after negotiations, the government and FMLN signed a historic comprehensive peace accord which brought an end to the war and instituted wide-reaching political and social reforms. Many scholars call it as Transitional Justice in El Salvador. Transitional Justice in El salvador has had two identifiable stages. In the First stage, institutional reforms, such as DDR(disarmament, demobilization, reintegration), and a truth commission were implemented. The second phase corresponds to the period subsequent to the truth commission report, with the failure to implement the commission's recommendations, including those related to reparations and justice. This essay explain how was transitional justice in El salvador different from the other cases, and what was the purpose of extraordinary transitional justice in El Salvador. In detail, the first section of this essay examines the history of the civil war and peace process in El Salvador, and then explores the relationships between cold war and transitional justice in El Salvador. Finally, this essay suggests that truth commission's mandate which investigate 'serious acts of violence that have occurred since 1980' was very important role to accomplish peace and transitional justice in El Salvador.

• Journal of Contemporary Eastern Asia
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• v.6 no.1
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• pp.17-32
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• 2007

• SUVANNABHUMI
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• v.7 no.2
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• pp.79-103
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• 2015

Just how does one make sense of the genocide perpetrated by the Khmer Rouge during its rule in the 70's and the numerous human rights violations in the Philippines during the Marcos period? Like the conflicts that have marked human history at the close of the 20th century, Southeast Asia is no exception, similar to the many attempts to come to terms with the past and put to account wrongdoers worldwide. The paper is an attempt to historicize these two seemingly unrelated events and analyze them from the synoptic frameworks of transitional justice and reparations. Similar to the experiences faced by many societies transitioning towards democratic rule, notably in Latin America, the dilemma of whether to pursue justice or preserve the peace and the newfound status quo has characterized the length at which justice had eluded the victims in Cambodia and the Philippines. Yet, no matter what the limits are in pursuing accountability, or these so called historical injustices, closure is still achievable. The paper would like to argue that closure is possible when one, all or a combination of the following, depending on the gravity of the crime, is present-truth-telling, prosecution for the crimes committed, and a grant of compensation.

• Korean Journal of Legislative Studies
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• v.22 no.2
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• pp.157-188
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• 2016

Since democratic transition in the early 1990s, constitutionalism is getting more important for democratic consolidation in Africa. Using Afribarometer data set, this paper explains influences on public confidence in judiciary. High levels of public trust in judiciary is a necessary condition for judicial system to work effectively in emerging democracy. Unlike existing studies focusing on the function of judiciary and legal procedures, this paper is interested in the relationship between how ordinary Africans perceive the attitudes of the chief executive toward judiciary, the rule of law, and judicial corruption and their confidence in judiciary. The results show that those who think that the chief executive is likely to respect the constitution and the judiciary, that the law applies to everyone equally, and that there are few corrupt judicial personnel are likely to show high levels of confidence in judiciary. This study argues that the tension between laws and politics have a significant influence on transitional justice in emerging democracy.

• Acta Via Serica
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• v.5 no.1
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• pp.121-152
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• 2020

The article is a critical examination of the political developments in Armenia since the 'Velvet Revolution' of April-May 2018, when, on the wave of massive protests against the ruling regime, new young forces came to power raising amongst broad segments of population enormous enthusiasm and hopes about radical reforms that would lead to profound transformations in the political and socio-economic spheres. It contains a thorough analysis of underlying political processes in the country in an attempt to answer a number of topical questions, so important to get a deeper understanding of the situation in Armenia and in the South Caucasus region. Based on the analysis of the new authorities' performance against the acknowledged benchmarks and standards of democracy consolidation, such as: separation of powers, independence of the judiciary, good governance, transitional justice the author comes to the conclusion that they failed to achieve any breakthrough in the above-mentioned fields. On the contrary, as demonstrated by concrete examples, what occurred in Armenia was not a revolution but a mere regime change under the leadership of Prime Minister Pashinyan, who gradually has concentrated in his hands executive, legislative, and quasi-totality of the judicial branch of power.