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Amnesty, Amnesia and Remembrance: International Obligations and the Need to Prevent the Repetition of Gross Violations of Human Rights

Published online by Cambridge University Press:  28 February 2017

Heinz Klug*
Affiliation:
Law School, University of Wisconsin, Madison; Advocate of the Supreme Court of South Africa; Member of the California Bar

Abstract

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Type
Transitional Justice: Amnesties, Truth Commissions and Beyond
Copyright
Copyright © American Society of International Law 1998

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References

1 Dugard, John, Is the Truth and Reconciliation Process Compatible with International Law? An Unanswered Question, 13 S. Afr. J. Hum. Rts. 258, 263 (1997)Google Scholar.

2 Orentlicher, Diane, Settling Accounts: The Duty to Prosecute Human Rights Violations of a Prior Regime, 100 Yale L. J. 2537 (1991)CrossRefGoogle Scholar.

3 Dr. Niel Barnard, former head of the National Intelligence Service, before a special hearing of the Truth and Reconciliation Commission on the role of the former State Security Council (the highest decision-making body in the apartheid security apparatus which functioned as a subcommittee of the Cabinet) on December 4, 1997.

4 See AZAPO v. Truth and Reconciliation Commission, 1996 (4) SALR 562 (Judgment of the Supreme Court of South Africa, Cape of Good Hope Provincial Division).

5 Section 3(l)(b) of the Promotion of National Unity and Reconciliation Act 34 of 1995.