Truth and Justice. Professor Neil Mitchell. Outline. Rhoda Howard-Hassman Wed 2 nd May, 2pm MacRobert 252 Reparations to Africa Amnesty Truth Commissions Domestic Courts My Lai International Criminal Court. Forgetting. Algerian Amnesty Approved by referendum 2005
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Truth and Justice
Professor Neil Mitchell
Justice – what is it?
Terms of inquiry
Motivation of acts: Post war Italy “ a most unfortunate and grotesque distinction was drawn between “ordinary tortures and tortures that were particularly atrocious. Using this formula the courts were able to pardon the following crimes: the multiple rape of a woman partisan; a partisan tied to a roof who was punched and kicked ; electric torture on the genitals applied through a field telephone. On this case the Corte di Cazzatione .. Ruled that the tortures “took place only for intimidatory purposes and not through bestial insensibility” …In the Danish trials of collaborators after WWII, this priority was reversed. Those who mistreated or killed individuals for personal motives or pique were less likely to get the death penalty than those who did so to serve German interests. The worst Danish torturer escaped execution because the Supreme Court found that his actions were due to “sadistic perversion of sexual drives” … The mentally disturbed cannot be evilJon Elster Closing the Books: Transitional Justice in Historical Perspective (Cambridge University Press 2004, 162).
No Truth Commissions in Mozambique and Cambodia