발전전략으로서의 과거청산 - 엘살바도르 이행기 정의의 특수성 사례 분석 -
The Study of Transitional Justice in El Salvador
0
조회
0
다운로드
6
인용
0
참고문헌
키워드
초록
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.
Abstract
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.
참고문헌 (22)
- 곽재성, "과거청산의 국제화와 보편적 사법권의 효과 - 피노체트 사건의 영향을 중심으로", 라틴아메리카연구, 20(2), pp.5~37 (2007), 한국라틴아메리카학회
- 이재승, "이행기의 정의", 법과사회, 22, pp.47~74 (2002), 법과사회이론학회
- "주간조선(2005.8) 1869호", ~ (2005)
- Azpuru, Dinorah., "The salience of Ideology: Fifteen Years of Presidential Elections in El Salvador", Latin American Politics & Society, 52(2), pp.103~138 (2010)
- Danner, Mark, "The Massacre at El Mozote" (1993), Vintage Books
- Annual Report 2005, "EAAF", ~ (2006)
- Foster, Lynn V., "A Brief History of Central America" (2007), Checkmark Books
- García-Godos, Jemima, "Transitional Justice and Victims' Rights before the End of a Conflict: The Unusual Case of Colombia", Journal of Latin American Studies, 42(3), pp.487~516 (2010)
- Greene, Samuel R, "The Parliamentary and Presidential Elections in El Salvador", Electoral Studies, 28, pp.666~669 (2009)
- Hayner, Priscilla B., "Unspeakable Truths: Confronting State Terror and Atrocity" (2002), Routledge
- Hayner, Priscilla B., "Truth Commissions: a Schematic", International Review of the Red Cross, 88(862) (2006)
- Kalyvas, Stathis N, "International System and Technologies of Rebellion: How the End of the Cold War Shaped Internal Conflict", American Political Science Review, 104(3), pp.415~429 (2010)
- Munck, Gerardo L, "Civil Conflicts and the Conditions for Successful international intervention: A Comparative Study of Cambodia and El Salvador", Review of International Studies, 21, pp.159~181 (1995)
- Popkin, Margaret, "The Salvadoran Truth Commission and the Search for Justice", Criminal Law Forum, pp.1~20 (2004)
- Roht-Arriaza, N., "The New Landscape of Transitional Justice, in Transitional Justice in the Twenty-First Century-Beyond versus Justice" (2006), Cambridge University Press
- Teitel, Ruti G., "Transitional Justice" (2000), Oxford University Press
- Truth and Reconciliation Commission, "Truth and Reconciliation-Activities of the Past Three Years-", ~ (2009)
- From Madness to Hope: the 12-year war in El Salvador -Report of the Commission on the Truth for El salvador(English Version), "United Nations", ~ (1993)