{"title":"使侵犯人权和有组织的暴力行为成为事实并与之相称","authors":"O. Bernasconi, P. Díaz","doi":"10.1080/25729861.2022.2128595","DOIUrl":null,"url":null,"abstract":"ing behind the numbers the complexity of these perpetrations. 2. Truth accounts: truth commission and transitional justice processes Within the field of human rights studies, as transitions from authoritarian, totalitarian, and/or racist regimes (in the case of South Africa) to – at least procedurally – democratic regimes took place in Latin America and Eastern Europe, expert practices and theories on what has been called transitional justice were developed. While these studies did not make explicit use of heuristic tools from the STS field or its antecedents, as we shall see below, some critical research has devoted analysis to the procedures by which truth commissions have established their truth accounts. In this sense, these analyses contribute to a fruitful dialogue between human rights perspectives and STS studies, accounting for the social processes through which truth accounts about past crimes are constituted, and showing the mechanisms through which the objectivity of violence is constructed, without simply considering it self-evident or defining it normatively, according to moral and/or legal principles. The practices and theories of transitional justice consist of producing a truth account of political crimes, outside the judicial arena, as a political response to what is called the “right to truth” of the victims (Mendez 2006). Transitional justice refers to a conception of justice based primarily on the reparation of victims and not criminalizing those responsible for human rights violations, other than in exceptional cases. 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引用次数: 0
摘要
这些数字背后隐藏着这些犯罪的复杂性。2. 在人权研究领域,随着从专制、极权和/或种族主义政权(在南非的情况下)到-至少在程序上-民主政权的过渡发生在拉丁美洲和东欧,关于所谓的过渡司法的专家实践和理论得到了发展。虽然这些研究没有明确使用STS领域或其前身的启发式工具,但正如我们将在下面看到的那样,一些批判性研究专门分析了真相委员会建立真相账户的程序。从这个意义上说,这些分析有助于人权观点和STS研究之间富有成效的对话,说明了关于过去罪行的真相的社会过程,并显示了构建暴力客观性的机制,而不是简单地认为它是不言而喻的,或根据道德和/或法律原则规范地定义它。过渡时期司法的实践和理论包括在司法领域之外对政治犯罪进行真相描述,作为对受害者所谓的“真相权”的政治回应(Mendez 2006)。过渡时期司法指的是一种司法概念,其基础主要是赔偿受害者,而不是将侵犯人权的责任人定为刑事犯罪,例外情况除外。通过这种方式,过渡司法旨在调和专制/极权/种族主义政权前官员的利益与受害者及其家属和人权组织的正义要求,以重建民族国家并使制度合法化。真相与和解委员会是这种类型的恢复性司法中最流行的手段(Lefranc 2002)。在过去的几十年里,发表了大量关于真相委员会的研究。从示意图上看,我们可以确定两个研究机构。首先,那些描述委员会的公共工作及其与这些设备自我宣布的任务的一致性或不一致性,而没有深入研究这些基础设施设备执行的表演实践(Hayner 1994,2001;Teitel 2000, 2003)。这些研究大多认同民主化精英们的政治话语赋予这些委员会及其报告的治疗目标,即治愈国家,从而实现和解。第二组研究,主要基于南非真相与和解委员会(Buur 2001;Wilson 2001)研究了政治影响4 O. BERNASCONI AND P. DÍAZ
Factualize and commensurate human rights violations and organized violence
ing behind the numbers the complexity of these perpetrations. 2. Truth accounts: truth commission and transitional justice processes Within the field of human rights studies, as transitions from authoritarian, totalitarian, and/or racist regimes (in the case of South Africa) to – at least procedurally – democratic regimes took place in Latin America and Eastern Europe, expert practices and theories on what has been called transitional justice were developed. While these studies did not make explicit use of heuristic tools from the STS field or its antecedents, as we shall see below, some critical research has devoted analysis to the procedures by which truth commissions have established their truth accounts. In this sense, these analyses contribute to a fruitful dialogue between human rights perspectives and STS studies, accounting for the social processes through which truth accounts about past crimes are constituted, and showing the mechanisms through which the objectivity of violence is constructed, without simply considering it self-evident or defining it normatively, according to moral and/or legal principles. The practices and theories of transitional justice consist of producing a truth account of political crimes, outside the judicial arena, as a political response to what is called the “right to truth” of the victims (Mendez 2006). Transitional justice refers to a conception of justice based primarily on the reparation of victims and not criminalizing those responsible for human rights violations, other than in exceptional cases. In this way, transitional justice aims to reconcile the interests of former officials of authoritarian/totalitarian/racists regimes with the demands for justice of the victims, their families, and human rights organizations in order to rebuild the nation-state and legitimize institutions. Truth and reconciliation commissions are themost popular device of this type of restorative justice (Lefranc 2002). During the last decades, a plethora of studies on truth commissions has been published. Schematically, we can identify two bodies of research. First, those that describe the public work of commissions and their concordance, or not, with the self-declared missions of these devices, without delving into the performative practices that these infrastructural devices perform (Hayner 1994, 2001; Teitel 2000, 2003). Most of these studies endorse the therapeutic objective that the political discourse of the democratizing elites ascribes to these commissions and their reports, namely, to heal the nation and thus achieve reconciliation. The second group of studies, mostly based on the analysis of the South African Truth and Reconciliation Commission (Buur 2001; Wilson 2001) examined the political effects 4 O. BERNASCONI AND P. DÍAZ