Justice réparatrice et théorie de la responsabilité : problématique de la réconciliation dans un contexte de transition : les cas du Chili, de l’Argentine et de l’Afrique du Sud
The rulers of state policy emerging from conflict – civil war, dictatorship – face irreconcilable demands that their authors consider, however, essential. They face the requirements of criminal justice formulated by victims and the demands of impunity emanating from the perpetrators, often constituted by former officials in charge of the state. The punishment, indeed, does not allow neither the peace nor the democratization. It is therefore clear that the exit of the crisis can take ways other than the punishment. Restorative justice appears as a kind of justice that may grant the requests of offenders and offended by promoting the peace and the democratization. Yet it faces critics relating to the disempowerment of individuals and the criminalization of everyone in the execution of the committed crimes. The ultimate goal is to foster discussion between the offenders and the offended. It is, however, necessary to protect such a dialogue against the risk of instrumentalization. In Truth Commissions, the discourse turns essentially around the themes of human rights, apologies, forgiveness and amnesty. However the use of these concepts does not magically make disappeared the hatred of some victims.
Justice Argentine Reparations Responsibility Truth South Africa