Confronting Past Human Rights Violations This book examines what makes accountability for previous abuses more or less possible for transitional regimes to achieve. It closely examines the other vital goals of such regimes against which accountability is often balanced. The options available are not simply prosecution or pardon, as the most heated polemics of the debate over transitional justice suggest, but a range of options, from complete amnesty through truth commissions and lustration or purification to prosecutions. The question, then, is not whether accountability can be achieved, but what degree of accountability can be achieved by a given country. This book examines five countries’ experiences in detail—El Salvador, Honduras, Argentina, South Africa, and Sri Lanka—and offers a comparative survey of nearly 30 countries’ experiences. It discusses three factors that affect the accountability achieved: international or external influences, the balance of forces between civilians and the military and or government and opposition forces, and the extent and nature of previous rights abuses. The book also examines strategies of transition, trade-offs and compromises that regimes (and international actors assisting them) may make in an attempt to achieve greater accountability or greater stability. The focus is on the politics of transition: what makes accountability more or less feasible and what strategies are deployed by regimes to achieve greater accountability (or alternatively, greater reform). The result is a more nuanced understanding of the different conditions and possibilities that countries face, and the lesson that there is no one-size-fits-all prescription that can be handed to transitional regimes. Chandra Lekha Sriram is Lecturer in the School of International Relations at the University of St. Andrews, where she teaches international relations and international law, and human rights. She obtained her doctorate from Princeton University in 2000. THE CASS SERIES ON PEACEKEEPING ISSN 1367–9880 General Editor: Michael Pugh This series examines all aspects of peacekeeping, from the political, operational and legal dimensions to the developmental and humanitarian issues that must be dealt with by all those involved with peacekeeping in the world today. 1. Beyond the Emergency: Development within UN Missions edited by Jeremy Ginifer 2. The UN, Peace and Force edited by Michael Pugh 3. Mediating in Cyprus: The Cypriot Communities and the United Nations by Oliver P.Richmond 4. Peacekeeping and the UN Agencies edited by Jim Whitman 5. Peacekeeping and Public Information: Caught in the Crossfire by Ingrid A.Lehman 6. US Peacekeeping Policy under Clinton: A Fairweather Friend? by Michael MacKinnon 7. Peacebuilding and Police Reform edited by Tor Tanke Holm and Espen Barth Eide 8. Peacekeeping and Conflict Resolution edited by Oliver Ramsbotham and Tom Woodhouse 9. Managing Armed Conflicts in the 21st Century edited by Adekeye Adebajo and Chandra Lekha Sriram 10. Women and International Peacekeeping edited by Louise Olsson and Torunn L.Tryggestad 11. Recovering from Civil Conflict: Reconciliation, Peace and Development edited by Edward Newman and Albrecht Schnabel 12. Mitigating Conflict: The Role of NGOs edited by Henry F.Carey and Oliver P.Richmond 13. Ireland and International Peacekeeping 1960–2000: A Study of Irish Motivation Katsumi Ishizuka 14. Peace Operations after September 11, 2001 edited by Thierry Tardy iii 15. Confronting Past Human Rights Violations: Justice vs. Peace in Times of Transition Chandra Lekha Sriram Confronting Past Human Rights Violations Justice vs Peace in Times of Transition Chandra Lekha Sriram FRANK CASS LONDON and NEW YORK First published in 2004 in Great Britain by Frank Cass 2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN This edition published in the Taylor & Francis e-Library, 2005. “To purchase your own copy of this or any of Taylor & Francis or Routledge’s collection of thousands of eBooks please go to www.eBookstore.tandf.co.uk.” Simultaneously published in the USA and Canada by Frank Cass 270 Madison Avenue, New York, NY 10016 © 2004 Chandra Lekha Sriram 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. The publisher makes no representation, express or implied, with regard to the accuracy of the information contained in this book and cannot accept any legal responsibility or liability for any errors or omissions that may be made. British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging in Publication Data Sriram, Chandra Lekha, 1971– Confronting past human rights violations: justice vs. peace in times of transition/Chandra Lekha Sriram.—1st ed. p. cm.—(The Cass series on peacekeeping, ISSN 1367–9880; 14) Includes bibliographical references and index. 1. Truth commissions-Case studies. 2. Human rights-Case studies. 3. Crimes against humanity-Case studies. 4. War crimes-Case studies. 5. Government liability-Case studies. 6. Restorative justice-Case studies. 7. Amnesty-Case studies. I. Title. II. Series. JC580. S65 2004 323.4’9–dc22 2004002936 ISBN 0-203-31289-9 Master e-book ISBN ISBN 0-7146-5599-6 (Print Edition) Contents Preface vii Acknowledgements viii List of abbreviations x Introduction: Truth, justice, and accountability 1 1 What makes accountability possible? 21 2 Global experiences in transitional justice 40 3 El Salvador: ‘Negotiated revolution’ and the truth commission 82 4 Argentina: Struggle for accountability 112 5 Honduras: Justice in semi-transition 133 6 South Africa: The exchange of truth for justice 154 7 Sri Lanka: Justice in the midst of war 179 Conclusion: Compromises of transition 211 Bibliography 222 Index 235 Preface The basic questions that this book asks are ‘What makes accountability for past abuses more or less possible in transitional regimes that still face serious resistance from elements of the old regime?’ and ‘Against what other goals is accountability likely to be balanced?’ I begin with the continuum of possible outcomes: the options are not simply prosecution or pardon, as the most heated polemics of the debate over transitional justice might have us believe, but a range of options—from complete amnesty through truth commissions and lustration or purification to prosecutions. The question, then, is not whether or not accountability can be achieved, but what point on the accountability continuum can be achieved by a given country. I hypothesize that there are three factors that make accountability more or less feasible in a particular country: international/ external influences, the balance of forces between civilians and the military and or government and opposition forces, and the extent and nature of previous rights abuses. Then, as the relatively small literature that does address factors affecting accountability runs the risk of being too deterministic, I argue that there are also strategies of transition, trade-offs and compromises that regimes (and international actors assisting them) may make in an attempt to achieve greater accountability or greater stability. It is these last two practical aspects that the book emphasizes, articulating and investigating hypotheses about what makes accountability more or less feasible and what strategies can be deployed to achieve greater accountability (or, alternatively, greater reform). The result is a more nuanced understanding of the different conditions and possibilities that countries face, and the lesson that there is no one-size-fits-all prescription that can be handed to transitional regimes considering the legacy of the past. Acknowledgements A project of this size cannot be undertaken, much less completed, without the support of many people. I am grateful to my friends and colleagues, for support both intellectual and emotional, during the protracted development, research and editing of this book, and particularly to the support and advice provided by my advisers and dissertation committee. Any list is bound to be incomplete given the vast number of people who have contributed. Any errors of fact or judgement are, of course, my own. I would like to thank, first and foremost, my primary advisers, Professors Michael Doyle and Richard Falk of Princeton University. Their advice, criticism and encouragement continuously enabled me to refine my argument and consider novel theoretical approaches. I am also very indebted to two committee members who provided insights and helpful discussions nearer the completion of the project, Professor Gary Bass and Alexandra Barahona de Brito. The book has since benefited immeasurably from the comments of anonymous reviewers, and from my editors at Frank Cass, Sian Mills, Sally Green and Andrew Humphrys. Innumerable colleagues, in my department as well as around the world, have pushed me further, enabling me to think about my argument in new contexts, and with new frameworks. A special and heartfelt thanks is due to an extraordinary man and politician, Dr Neelan Tiruchelvam, whose graciousness and support were matched only by his dedication to human rights and reform in Sri Lanka. He was assassinated by an LTTE suicide bomber in 1999, and the world is much the poorer for the loss. I am also particularly