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Of Trials, Reparation, and Transformation in Post-Apartheid South Africa: the Making of a Common Purpose
View metadata, citation and similar papers at core.ac.uk brought to you by CORE NYLS Law Review Vols. 22-63 (1976-2019) Volume 60 Issue 2 Twenty Years of South African Constitutionalism: Constitutional Rights, Article 6 Judicial Independence and the Transition to Democracy January 2016 Of Trials, Reparation, and Transformation in Post-Apartheid South Africa: The Making of A Common Purpose ANDREA DURBACH Professor of Law and Director of the Australian Human Rights Centre, Faculty of Law, University of New South Wales, Australia Follow this and additional works at: https://digitalcommons.nyls.edu/nyls_law_review Part of the Constitutional Law Commons Recommended Citation ANDREA DURBACH, Of Trials, Reparation, and Transformation in Post-Apartheid South Africa: The Making of A Common Purpose, 60 N.Y.L. SCH. L. REV. (2015-2016). This Article is brought to you for free and open access by DigitalCommons@NYLS. It has been accepted for inclusion in NYLS Law Review by an authorized editor of DigitalCommons@NYLS. NEW YORK LAW SCHOOL LAW REVIEW VOLUME 60 | 2015/16 VOLUME 60 | 2015/16 Andrea Durbach Of Trials, Reparation, and Transformation in Post-Apartheid South Africa: The Making of A Common Purpose 60 N.Y.L. Sch. L. Rev. 409 (2015–2016) ABOUT THE AUTHOR: Andrea Durbach is a Professor of Law and Director of the Australian Human Rights Centre, Faculty of Law, University of New South Wales, Australia. Born and educated in South Africa, she practiced as a political trial lawyer, representing victims and opponents of apartheid laws. In 1988 she was appointed solicitor to twenty-five black defendants in a notorious death penalty case in South Africa and later published an account of her experiences in Andrea Durbach, Upington: A Story of Trials and Reconciliation (1999) (for information on the other editions of this book see infra note 42), on which the documentary, A Common Purpose (Looking Glass Pictures 2011) is based. -
Genocides Andconflicts
0 1 Genocides and Conflicts in the 20th and 21st Centuries Preface This book provides summaries of some of the mass atrocities that have occurred in the last hundred years. We have intentionally included conflicts that often are not studied in courses about genocide. We encourage readers to learn about these events for two reasons: first, when knowledge of these atrocities is not part of our shared history and memory, those who suffered, and their once- vibrant cultures and communities, are made invisible yet again. Second, it is important for us to realize the breadth of genocides across time and place. ‘Never again’ has come to mean ‘over and over again.’ Perhaps if we can recognize that genocide is a wide-ranging and repetitive scourge on the planet, we can someday reach a world without genocide. Thanks go to Jacob Simpson, Research and Advocacy Associate, and Amalie Wilkinson, Research Intern, for their work on this book. 2 Table of Contents Native Americans, 1492-Present ............................................................................................ 3 Namibia, 1904-1907 ............................................................................................................... 5 The Armenian Genocide, 1915-1923 ....................................................................................... 7 The Ottoman Christian Genocide, 1915-23 ..............................................................................9 The Holodomor, 1932-1933................................................................................................. -
Crowd Psychology in South African Murder Trials
Crowd Psychology in South African Murder Trials Andrew M. Colman University of Leicester, Leicester, England South African courts have recently accepted social psy guided by the evidence before him and by his knowledge of the chological phenomena as extenuating factors in murder case as to whether there were extenuating circumstances or not. trials. In one important case, eight railway workers were (cited in Davis, 1989, pp. 205-206) convicted ofmurdering four strike breakers during an in The South African legislature did not define extenuating dustrial dispute. The court accepted coriformity, obedience, circumstances, nor did it place any limit on the factors group polarization, deindividuation, bystander apathy, that might be deemed to be extenuating. In principle, and other well-established psychological phenomena as anything that tended to reduce the moral blameworthi extenuating factors for four of the eight defendants, but ness of a murderer's actions might count as an extenuating sentenced the others to death. In a second trial, death circumstance. In practice, the courts most often accepted sentences o/five defendants for the "necklace" killing of as extenuating such factors as provocation, intoxication, a young woman were reduced to 20 months imprisonment youth, absence of premeditation, and duress (short of in the light ofsimilar social psychological evidence. Prac irresistible compulsion, which would exonerate the de tical and ethical issues arising from expert psychological fendant entirely). The question of extenuation -
Swinging Back and Forth Between Impunity and Impeachment: the Struggle for Justice in Latin America and the International Criminal Court
Pace International Law Review Volume 19 Issue 2 Fall 2007 Article 3 September 2007 Swinging Back and Forth between Impunity and Impeachment: The Struggle for Justice in Latin America and the International Criminal Court Alberto L. Zuppi Follow this and additional works at: https://digitalcommons.pace.edu/pilr Recommended Citation Alberto L. Zuppi, Swinging Back and Forth between Impunity and Impeachment: The Struggle for Justice in Latin America and the International Criminal Court, 19 Pace Int'l L. Rev. 195 (2007) Available at: https://digitalcommons.pace.edu/pilr/vol19/iss2/3 This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace International Law Review by an authorized administrator of DigitalCommons@Pace. For more information, please contact [email protected]. SWINGING BACK AND FORTH BETWEEN IMPUNITY AND IMPEACHMENT: THE STRUGGLE FOR JUSTICE IN LATIN AMERICA AND THE INTERNATIONAL CRIMINAL COURT Alberto L. Zuppi* I. INTRODUCTION: LATIN AMERICAN STRUGGLE FOR DEMOCRACY The dreadful experiences endured in Latin America during the 1970's and 1980's evolved into a troubled transitional period before democracy began to consolidate. In those two decades, military rulers from all over the region displaced democratically elected governments through the use of force, and imprisoned, tortured and killed their opponents, including the baby-snatch- ing cases or trafficking with the newborn of murdered prison- ers.1 The term "desaparecido"was coined to name those who disappeared without a trace after being arrested by members of the security forces, burdening their relatives with the addi- tional anguish of not knowing the fate of their loved ones. -
An Analysis of Film As a Tool of Collective Memory in the Aftermath of the Dictatorships in Argentina and Chile Megan C
Claremont Colleges Scholarship @ Claremont CMC Senior Theses CMC Student Scholarship 2019 Constructing Memory in the Wake of Tragedy: An Analysis of Film as a Tool of Collective Memory in the Aftermath of the Dictatorships in Argentina and Chile Megan C. Schneider Claremont McKenna College Recommended Citation Schneider, Megan C., "Constructing Memory in the Wake of Tragedy: An Analysis of Film as a Tool of Collective Memory in the Aftermath of the Dictatorships in Argentina and Chile" (2019). CMC Senior Theses. 2256. https://scholarship.claremont.edu/cmc_theses/2256 This Open Access Senior Thesis is brought to you by Scholarship@Claremont. It has been accepted for inclusion in this collection by an authorized administrator. For more information, please contact [email protected]. Claremont McKenna College Constructing Memory in the Wake of Tragedy: An Analysis of Film as a Tool of Collective Memory in the Aftermath of the Dictatorships in Argentina and Chile submitted to Professor Sarah Sarzynski by Megan Schneider for Senior Thesis 2019 April 29, 2019 ii Contents Acknowledgements .......................................................................................................... iv Abstract .............................................................................................................................. v Chapter 1: Introduction ..................................................................................................... 1 Chapter 2: Statement of Methodology ............................................................................. -
No. 532, August 2, 1991
25¢ WfJRIlERI ".'(J'R'~X-523 No. 532 2 August 1991 30 Million Blacks Still Can't Vote, Endure Abject Poverty South Africa: ANe Pushes "Post-Apartheid" Swindle Gamma Photos While Nelson Mandela and South African president De Klerk shake on "deal," blacks are still victims of apartheid terror. Government Unleashes Inkatha Killers "The new South Africa .is on the up segregated living areas, and the Land looked to the imperialists to clean up regime of white supremacy remains and march," crowed President EW. De Klerk Act, guaranteeing white ownership of the South African racist regime, George the hopes of the impoverished black after the segregated parliament voted in 87 percent of the land, are now officially Bush issued an executive order lifting majority are being dashed. In the "new June to repeal the remaining key pillars abolished. Thereupon, the European U.S. sanctions on trade,' irrvestment and South Africa," thousands are slaugh of "grand apartheid." The Population Common Market voted to lift sanctions, banking. tered by government-instigated terror, Registration Act, which classified every and the 21-year ban on South African Now the formal statutes of apartheid millions are disenfranchised and con one born in South Africa into four racial participation in Olympic competition have been eliminated (the pass laws and demned to abject poverty. There can categories (white, African, "coloured," was removed. To the chagrin of those Separate Amenities Act were scrapped be no democracy for the toilers who Indian), the Group Areas Act.which set leftists and would-be radicals who earlier), but the cruel oppression of the continued on page 7 Gorbachev Puts Soviet Union .on the Auction Block They called it the "grand bargain." they're demanding that capitalist res It was cooked up by economic advisers toration be in place before Gorbachev of Gorbachev and Yeltsin along with sees any real money. -
The Voices of the Disappeared: Politicide in Argentina and Chile
THE VOICES OF THE DISAPPEARED: POLITICIDE IN ARGENTINA AND CHILE A thesis submitted to the Kent State University Honors College in partial fulfillment of the requirements for University Honors by Evin Hessel December, 2019 i ii ii Thesis written by Evin Hessel Approved by _____________________________________________________________________, Advisor ________________________________________, Chair, Department of Anthropology Accepted by ___________________________________________________, Dean, Honors College ii iii TABLE OF CONTENTS ACKNOWLEDGEMENTS……………………………………………………...…….....iv LIST OF ABBREVIATIONS…………………………………………………………….vi CHAPTERS I. INTRODUCTION………………………………………………………...………1 i. Chile……………………………………………………...………..2 ii. Argentina…………………………………………………………..6 iii. Genocide or Politicide?..................................................................10 iv. Morality…………………………………………………………..12 II. THE ABDUCTED………………………………………………………….…....16 i. Secret Detention Centers……………………..…………….…….19 III. TORTURE……………………………………………………………………….24 i. Medical Involvement…………………………………………….28 ii. Anti-Semitism…………………………………………...……….30 IV. EXECUTION ……………………………………………………………………32 V. DISPOSAL………………………………………………………………………39 i. Mass Graves……………………………………………………...41 ii. Death Flights……………………………………………………..44 iii. Other Methods…………………………………………...………45 VI. THE AFTERMATH……………………………………………………………..48 i. The Fall of Pinochet……………………………………………..48 ii. Videla Steps Down………………………………………………51 iii. Excavations………………………………………………………53 VII. CONCLUSION…………………………………………………………………..56 i. Politicide -
Ungovernability and Material Life in Urban South Africa
“WHERE THERE IS FIRE, THERE IS POLITICS”: Ungovernability and Material Life in Urban South Africa KERRY RYAN CHANCE Harvard University Together, hand in hand, with our boxes of matches . we shall liberate this country. —Winnie Mandela, 1986 Faku and I stood surrounded by billowing smoke. In the shack settlement of Slovo Road,1 on the outskirts of the South African port city of Durban, flames flickered between piles of debris, which the day before had been wood-plank and plastic tarpaulin walls. The conflagration began early in the morning. Within hours, before the arrival of fire trucks or ambulances, the two thousand house- holds that comprised the settlement as we knew it had burnt to the ground. On a hillcrest in Slovo, Abahlali baseMjondolo (an isiZulu phrase meaning “residents of the shacks”) was gathered in a mass meeting. Slovo was a founding settlement of Abahlali, a leading poor people’s movement that emerged from a burning road blockade during protests in 2005. In part, the meeting was to mourn. Five people had been found dead that day in the remains, including Faku’s neighbor. “Where there is fire, there is politics,” Faku said to me. This fire, like others before, had been covered by the local press and radio, some journalists having been notified by Abahlali via text message and online press release. The Red Cross soon set up a makeshift soup kitchen, and the city government provided emergency shelter in the form of a large, brightly striped communal tent. Residents, meanwhile, CULTURAL ANTHROPOLOGY, Vol. 30, Issue 3, pp. 394–423, ISSN 0886-7356, online ISSN 1548-1360. -
Human Remains and Identification
Human remains and identification HUMAN REMAINS AND VIOLENCE Human remains and identification Human remains Human remains and identification presents a pioneering investigation into the practices and methodologies used in the search for and and identification exhumation of dead bodies resulting from mass violence. Previously absent from forensic debate, social scientists and historians here Mass violence, genocide, confront historical and contemporary exhumations with the application of social context to create an innovative and interdisciplinary dialogue. and the ‘forensic turn’ Never before has a single volume examined the context of motivations and interests behind these pursuits, each chapter enlightening the Edited by ÉLISABETH ANSTETT political, social, and legal aspects of mass crime and its aftermaths. and JEAN-MARC DREYFUS The book argues that the emergence of new technologies to facilitate the identification of dead bodies has led to a ‘forensic turn’, normalizing exhumations as a method of dealing with human remains en masse. However, are these exhumations always made for legitimate reasons? And what can we learn about societies from the way in which they deal with this consequence of mass violence? Multidisciplinary in scope, this book presents a ground-breaking selection of international case studies, including the identification of corpses by the International Criminal Tribunal for the Former Yugoslavia, the resurfacing ANSTETTand of human remains from the Gulag and the sites of Jewish massacres from the Holocaust. Human remains -
Description of Warfare in Raymond Firth's We, the Tikopia Is an Example of • Writing in This Tradition
INFORMATION TO USERS This manuscript has been reproduced tram the microfilm master. UMI films the text direetly trom the original or copy submilted. Thus, sorne thesis and dissertation copies are in typewriter face, while others may be from any type of computer printer. The quality of this reproduction is dependent upon the quality of the cOPY submitted. Broken or indistind print, colored or poor quality illustrations and photographs, print bleedthrough, substandard margins, and improper alignment can adversely affect reproduction. ln the unlikely event that the author did not send UMI a complete manuscript and there are missing pages, these will be noted. Also, if unauthorized copyright material had to be removed, a note will indicate the deletion. Oversize materials (e.g., maps, drawings, charts) are reproduced by sectioning the original, beginning at the upper left-hand comer and continuing from left to right in equal sections with small overtaps. ProQuest Information and Leaming 300 North Zeeb Road, Ann Arbor, MI 48106-1346 USA 800-521-0600 ( The Spoils of War: Accounting for the Missing Children of Argentina's "Dirty War" Ari Gandsman Department of Anthropology McGiII University, Montreal Submitted 10/2001 A thesis submitled to the Faculty of Graduale Studies and Research in partial fulfillment of the requirements of the degree of Masfer's. l CAriel Edward Gandsman 2001 National UbraJy 8tIIioIhèque natiOnale 1+1 of Canada du canada Acquisitions and AcquiIitiona et Bibliographie Services seNiees bibliographiques 315 WeIingIDn sar.t ......."......., 0Bawa ON K1A 0N4 -aa... ON K1A 0N4 c..a CIMda The author bas granted a non L'auteur a accordé une licence non exclusive licence aIlowing the exclusive pennettant à la Natioual Libnuy ofCanada to Bibliothèque nationale du Canada de reproduce, loan, distnbute or sen reproduire, prêter, distribuer ou copies ofthis thesis in microform, vendre des copies de cette thèse sous paper or electronic formats. -
(Re) Thinking the Past Through Performance: the (Re) Construction of Militant Childhood Imaginaries in the Post-Dictatorship Of
University of South Carolina Scholar Commons Theses and Dissertations 2018 (Re) thinking the Past through Performance: The (Re) construction of Militant Childhood Imaginaries in the Post-Dictatorship of Argentina’s Cultural Production from 2003-2015 Stephanie Rubi Orozco University of South Carolina Follow this and additional works at: https://scholarcommons.sc.edu/etd Part of the Spanish and Portuguese Language and Literature Commons Recommended Citation Orozco, S. R.(2018). (Re) thinking the Past through Performance: The (Re) construction of Militant Childhood Imaginaries in the Post- Dictatorship of Argentina’s Cultural Production from 2003-2015. (Doctoral dissertation). Retrieved from https://scholarcommons.sc.edu/etd/4832 This Open Access Dissertation is brought to you by Scholar Commons. It has been accepted for inclusion in Theses and Dissertations by an authorized administrator of Scholar Commons. For more information, please contact [email protected]. (Re) thinking the Past through Performance: The (Re) construction of Militant Childhood Imaginaries in the Post-Dictatorship of Argentina’s Cultural Production from 2003-2015 by Stephanie Rubi Orozco Bachelor of Arts University of Nevada, 2009 Master of Arts University of Nevada, 2013 Submitted in Partial Fulfillment of the Requirements For the Degree of Doctor of Philosophy in Spanish College of Arts and Sciences University of South Carolina 2018 Accepted by: Mercedes López-Rodríguez, Major Professor María Mabrey, Committee Member Andrew C. Rajca, Committee Member Rocío Zalba, Committee Member Cheryl L. Addy, Vice Provost and Dean of the Graduate School © Copyright by Stephanie Rubi Orozco All Rights Reserved. ii DEDICATION To my childhood adventures locked away in boxes full of old archives and photographs, and to my husband’s and children’s memories which dwell in a library full of selfies, Facebook, Instagram, and Twitter accounts . -
Shakespeare in South Africa: an Examination of Two Performances of Titus Andronicus in Apartheid and Post- Apartheid South Africa
University of Tennessee, Knoxville TRACE: Tennessee Research and Creative Exchange Masters Theses Graduate School 8-2017 Shakespeare in South Africa: An Examination of Two Performances of Titus Andronicus in Apartheid and Post- Apartheid South Africa Erin Elizabeth Whitaker University of Tennessee, Knoxville, [email protected] Follow this and additional works at: https://trace.tennessee.edu/utk_gradthes Part of the Other English Language and Literature Commons Recommended Citation Whitaker, Erin Elizabeth, "Shakespeare in South Africa: An Examination of Two Performances of Titus Andronicus in Apartheid and Post-Apartheid South Africa. " Master's Thesis, University of Tennessee, 2017. https://trace.tennessee.edu/utk_gradthes/4911 This Thesis is brought to you for free and open access by the Graduate School at TRACE: Tennessee Research and Creative Exchange. It has been accepted for inclusion in Masters Theses by an authorized administrator of TRACE: Tennessee Research and Creative Exchange. For more information, please contact [email protected]. To the Graduate Council: I am submitting herewith a thesis written by Erin Elizabeth Whitaker entitled "Shakespeare in South Africa: An Examination of Two Performances of Titus Andronicus in Apartheid and Post- Apartheid South Africa." I have examined the final electronic copy of this thesis for form and content and recommend that it be accepted in partial fulfillment of the equirr ements for the degree of Master of Arts, with a major in English. Heather A. Hirschfeld, Major Professor We have read