Law and Democracy in Latin America

«Transitional Justice

Acuña & Smulovitz Study Questions

  1. What is the main challenge the newly democratic government faces in bringing about the prosecutions? Who opposes the prosecutions?
  2. Is there something about the transition that leads the new government to think maybe they can get away with the trials? What happens after that?
  3. Why is everyone tip-toeing around this opposition?
  4. Why do these authors say it is important to take the judicial route to accountability?
  5. What is the outcome of the process in terms of:
    1. Justice (understood primarily as punishing violators)
    2. Truth (generating and disseminating information)
    3. Reparations (have victims or their relatives been compensated?)
    4. Purging the security forces of the worst offenders
  6. On a scale of 1-10, how would you rate Argentina's success in producing "transitional justice"?
  7. Is there a non-judicial process that may be just as important?