The plea agreements process in the International criminal tribunal for former Yugoslavia in the light of the amnesty process in the Truth and Reconciliation commission in South Africa

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dc.contributor.advisorDu Toit, Andréen_ZA
dc.contributor.authorToma, Marijanaen_ZA
dc.date.accessioned2014-09-02T09:50:13Z
dc.date.available2014-09-02T09:50:13Z
dc.date.issued2014en_ZA
dc.description.abstractWhile many countries are facing difficulties in implementing transitional justice mechanisms, designed mainly to include different stakeholders in the process, in very few contexts have perpetrators been perceived as active participants who represent a potential resource to the process. This study examines and compares two contexts in which this has been so. Its central objective is to understand to what extent the practice of plea bargaining with perpetrators of war crimes at the International Tribunal for the Former Yugoslavia (ICTY) contributed to the process of establishing the truth about past abuses and to compare this with probably the most controversial aspect of the Truth and Reconciliation Commission in South Africa (TRC) -- granting of amnesty to the responsible for the atrocities during apartheid. Drawing on both contexts, this study argues that that acknowledgment given by perpetrators potentially constitutes a legitimate and in some contexts crucial transitional justice mechanism. The study has not examined all the issues relating to these processes, recognizing their complexity in both the historical development of the field of transitional justice and the specific features of the process in each context. The study was developed at two levels, firstly through a normative analysis of the aims and objectives of the plea bargaining process at the ICTY and amnesty process at the TRC and secondly, through historical and factual investigation of the processes and outcomes in relation to the criteria set out for processes ICTY and TRC adopted. The main aim was to analyze what were the outcomes of these two processes in terms of contributing to the process of establishment of truth. Recognizing that these processes were inherently different from each other ? one being implemented in criminal trials, and other in truth commission, it is important to note that these have been the only two examples to date to include a form of compromise with perpetrators as one of their main strategies for the process of establishing truth. While recognizing that serious criticism have been made against both institutions for this compromises, this study concludes that any truth process, if trying to be comprehensive, will have to include perpetrators, because only they can provide the most important element in dealing with the human rights violations and the one most difficult to be obtained - acknowledgment by those who actually committed the crime.en_ZA
dc.identifier.apacitationToma, M. (2014). <i>The plea agreements process in the International criminal tribunal for former Yugoslavia in the light of the amnesty process in the Truth and Reconciliation commission in South Africa</i>. (Thesis). University of Cape Town ,Faculty of Humanities ,Department of Political Studies. Retrieved from http://hdl.handle.net/11427/6808en_ZA
dc.identifier.chicagocitationToma, Marijana. <i>"The plea agreements process in the International criminal tribunal for former Yugoslavia in the light of the amnesty process in the Truth and Reconciliation commission in South Africa."</i> Thesis., University of Cape Town ,Faculty of Humanities ,Department of Political Studies, 2014. http://hdl.handle.net/11427/6808en_ZA
dc.identifier.citationToma, M. 2014. The plea agreements process in the International criminal tribunal for former Yugoslavia in the light of the amnesty process in the Truth and Reconciliation commission in South Africa. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Toma, Marijana AB - While many countries are facing difficulties in implementing transitional justice mechanisms, designed mainly to include different stakeholders in the process, in very few contexts have perpetrators been perceived as active participants who represent a potential resource to the process. This study examines and compares two contexts in which this has been so. Its central objective is to understand to what extent the practice of plea bargaining with perpetrators of war crimes at the International Tribunal for the Former Yugoslavia (ICTY) contributed to the process of establishing the truth about past abuses and to compare this with probably the most controversial aspect of the Truth and Reconciliation Commission in South Africa (TRC) -- granting of amnesty to the responsible for the atrocities during apartheid. Drawing on both contexts, this study argues that that acknowledgment given by perpetrators potentially constitutes a legitimate and in some contexts crucial transitional justice mechanism. The study has not examined all the issues relating to these processes, recognizing their complexity in both the historical development of the field of transitional justice and the specific features of the process in each context. The study was developed at two levels, firstly through a normative analysis of the aims and objectives of the plea bargaining process at the ICTY and amnesty process at the TRC and secondly, through historical and factual investigation of the processes and outcomes in relation to the criteria set out for processes ICTY and TRC adopted. The main aim was to analyze what were the outcomes of these two processes in terms of contributing to the process of establishment of truth. Recognizing that these processes were inherently different from each other ? one being implemented in criminal trials, and other in truth commission, it is important to note that these have been the only two examples to date to include a form of compromise with perpetrators as one of their main strategies for the process of establishing truth. While recognizing that serious criticism have been made against both institutions for this compromises, this study concludes that any truth process, if trying to be comprehensive, will have to include perpetrators, because only they can provide the most important element in dealing with the human rights violations and the one most difficult to be obtained - acknowledgment by those who actually committed the crime. DA - 2014 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2014 T1 - The plea agreements process in the International criminal tribunal for former Yugoslavia in the light of the amnesty process in the Truth and Reconciliation commission in South Africa TI - The plea agreements process in the International criminal tribunal for former Yugoslavia in the light of the amnesty process in the Truth and Reconciliation commission in South Africa UR - http://hdl.handle.net/11427/6808 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/6808
dc.identifier.vancouvercitationToma M. The plea agreements process in the International criminal tribunal for former Yugoslavia in the light of the amnesty process in the Truth and Reconciliation commission in South Africa. [Thesis]. University of Cape Town ,Faculty of Humanities ,Department of Political Studies, 2014 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/6808en_ZA
dc.language.isoengen_ZA
dc.publisher.departmentDepartment of Political Studiesen_ZA
dc.publisher.facultyFaculty of Humanitiesen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.titleThe plea agreements process in the International criminal tribunal for former Yugoslavia in the light of the amnesty process in the Truth and Reconciliation commission in South Africaen_ZA
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationnameMPhilen_ZA
uct.type.filetypeText
uct.type.filetypeImage
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
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