By Astrid Bothmann
Astrid Bothmann examines ancient, political and socioeconomic components that specify the absence of transitional justice in Nicaragua from 1990 to 2012. the writer offers the 1st systematic research of the explanations for the inability of transitional justice in Nicaragua after the tip of the Sandinista regime and the civil battle (1990). opposite to different Latin American states of the 3rd wave of democratization, which positioned the perpetrators of prior crimes on trial, validated fact commissions, purged political and army officers, and made reparations to the sufferers, Nicaragua’s first post-war govt opted for a coverage of nationwide reconciliation that used to be in response to amnesty and oblivion. next governments this direction in order that the prior has now not been handled until eventually this present day.
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Additional resources for Transitional Justice in Nicaragua 1990–2012: Drawing a Line Under the Past
Guillermo O’Donnell and Philippe Schmitter (1986: 30) stated that “[b]y refusing to confront and to purge itself of its worst fears and resentments, such a society would be burying not just its past but the very ethical values it needs to make its future liveable” (emphasis added). 53 measures have come to be implemented not only following regime changes, but also after civil wars, genocide, and other gross human rights violations, the field is no longer solely linked to transition research, but also to the fields of conflict resolution and peace-building.
In civil wars, which divide the population into two opposing camps, persons may be victim and perpetrator at the same time. Moreover, where large numbers of people were involved in atrocities, it is sheer impossible to put all culprits on trial. ” Some therefore advise to only hold the highest ranks accountable, not least to set an example; yet, drawing a line between blameworthy and blameless persons may be regarded as artificial and morally arbitrary (Osiel 2000: 125). The state may seem to single out only a handful of scapegoats, while most culprits emerge unscathed.
Furthermore, a president’s personal commitment to justice, democracy, and the rule of law is of relevance. In his study on the Latin American Southern Cone, Pion-Berlin (1994: 116) finds that Argentina’s President Raúl Alfonsín pursued TJ for moral reasons: “Alfonsín said that a democratic system could not be reborn by forgetting the past, and that to do so would be to build the new system upon an “uncertain ethical foundation””. Regarding the above mentioned financial resources of the new regime, Elster stresses in another work, that unfavorable economic conditions decrease the chances of transitional justice, since scarce resources are more likely to be invested in constitution making or economic reconstruction than in measures to come to terms with the past (Elster 2004: 213).
Transitional Justice in Nicaragua 1990–2012: Drawing a Line Under the Past by Astrid Bothmann