Peace Without Justice: Obstacles to Building the Rule of Law in El Salvador / Edition 1

Peace Without Justice: Obstacles to Building the Rule of Law in El Salvador / Edition 1

by Margaret Popkin
     
 

ISBN-10: 0271019980

ISBN-13: 9780271019987

Pub. Date: 07/28/2000

Publisher: Penn State University Press

Popkin analyzes the role of international actors, notably the United States and the United Nations, and the contributions and limitations of international assistance in efforts to establish accountability and reform the justice system in El Salvador. The author discusses the essential role of civil society in attempts to establish accountability and an effective

Overview

Popkin analyzes the role of international actors, notably the United States and the United Nations, and the contributions and limitations of international assistance in efforts to establish accountability and reform the justice system in El Salvador. The author discusses the essential role of civil society in attempts to establish accountability and an effective justice system for all, and looks at the reasons for and the consequences of the limited role played by Salvadorean civil society. She also addresses the challenges facing democratic reform efforts in the context of a postwar crime wave.

Peace Without Justice grew out of Margaret Popkin’s extensive experience working as a human rights advocate in El Salvador during the armed conflict and interviews with a variety of Salvadorans and others involved in justice reform and in negotiating and implementing the peace accords.

Product Details

ISBN-13:
9780271019987
Publisher:
Penn State University Press
Publication date:
07/28/2000
Edition description:
New Edition
Pages:
304
Product dimensions:
6.00(w) x 9.00(h) x 0.91(d)

Table of Contents

Prefacevii
Acknowledgmentsxi
Abbreviationsxiv
Introduction1
1.The Context for Early Reform Efforts: The Salvadoran Legal System in Historical Perspective11
Actors in the Criminal Justice System15
Salvadoran Criminal Procedures: The Quasi-Inquisitorial Model27
States of Emergency and Political Detentions35
Entrenched Impunity41
2.Criminal Justice and Reform Efforts During the War Years49
U.S. Efforts to Curb Human Rights Abuses: The Big Case Focus50
The Administration of Justice (AOJ) Project in El Salvador57
Salvadoran Efforts to Promote Judicial Reform During the War Years73
Judicial Reform Moves onto the Salvadoran Political Agenda76
3.Addressing Justice Issues in the Peace Negotiations81
The Human Rights Accord82
Confronting Past Impunity in the Peace Negotiations85
Negotiating Judicial Reform97
4.The Challenge of Implementing the Agreements to End Impunity105
Purging the Military106
The Truth Commission's Work109
The Truth Commission's "Binding" Recommendations125
The Commission's Report, the Role of the Courts, and the Amnesty Law140
The Truth Commission: An Overall Perspective159
5.Institutionalizing the Safeguards Included in the Peace Accords165
The National Counsel for the Defense of Human Rights166
The National Civilian Police (PNC)175
The Role of Salvadoran Nongovernmental Organizations (NGOs)192
6.Justice Reform in the Postwar Years197
The Supreme Court and Judicial Governance201
The Role of the Attorney General's Office217
Protecting Individual Rights: Criminal Justice Reform218
7.Lessons from the Salvadoran Experience: The Role of International Actors and Civil Society in Building the Rule of Law and Establishing Accountability243
Bibliography265
Index277

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