How "transitions" reshaped human rights: A conceptual history of transitional justice

Human Rights Quarterly

Volumn 31, Issue 2, 2009, Pages 321-367

  Arthur, Paige ^a  

^a UNIVERSITY OF CALIFORNIA   (United States)

Author keywords

[No Author keywords available]

Indexed keywords

AUTHORITARIANISM; DEMOCRACY; HISTORY; HUMAN RIGHTS; SOCIAL MOVEMENT;

EID: 68149169728     PISSN: 02750392     EISSN: None     Source Type: Journal    
DOI: 10.1353/hrq.0.0069     Document Type: Article

References (144)

1. LAWRENCE WESCHLER, A MIRACLE, A UNIVERSE: SETTLING ACCOUNTS WITH TORTURERS 242 (1998).
2. Id.
3. Lawrence Weschler, Afterword, in STATE CRIMES: PUNISHMENT OR PARDON 89, 90, 92 (Justice and Society Program of The Aspen Institute ed., 1989).
4. Jaime Malamud-Goti, Trying Violators of Human Rights: The Dilemma of Transitional Democratic Governments, in STATE CRIMES, supra note 3, at 71-72.
5. Telephone Interview with Jaime Malamud-Goti, Director, Carlos Nino Institute, University of Palermo, Argentina (1 Oct. 2007).
6. José Zalaquett, Confronting Human Rights Violations Committed by Former Governments: Principles Applicable and Political Constraints, in STATE CRIMES, supra note 3, at 26.
7. Aryeh Neier, José Zalaquett & Adam Michnik, Why Deal with the Past, in DEALING WITH THE PAST: TRUTH AND RECONCILIATION IN SOUTH AFRICA 1, 8 (Alex Boraine & Janet Levy eds., 2d ed. 1994).
8. For an application of the idea of "internal coherence" to transitional justice, see Pablo de Greiff, Introduction: Repairing the Past: Compensation for Victims of Human Rights Violations, in THE HANDBOOK OF REPARATIONS 1 (Pablo de Greiff ed., 2006).
9. This article does not represent an analysis of a field, in the sense advocated by field-theorist Pierre Bourdieu, but rather a conceptual history-which itself offers some clues for such an analysis. Thus, it does not advance a methodologically rigorous understanding of the word "field," in the sense of a structured set of relations among positions, occupied by actors with a particular set of dispositions, and which are hierarchically ordered and operate according to a distinctive, internal logic. However, the "looser" understanding of the word "field" used throughout this article does bear some resemblance to this concept, in that I identify as important features of the field of transitional justice the facts that it: 1) is clearly distinguishable from the field out of which it emerged, which is the field of human rights; 2) it implies a set of actors who have a set of common aims, and who are thus oriented toward one another in their practice; 3) it has developed institutions that advance those aims; and 4) it advances distinctive criteria of judgment and self-legitimation.
10. See the annex at the end of this article showing the overlap of participants, as well as a list of all participants at the three conferences.
11. It should be noted that my choice of the word "field" is made in contrast to Kathryn Sikkink and Carrie Booth Walling's word "network." Sikkink and Walling have done groundbreaking work on the question of how international human rights networks have been used to raise the salience of accountability claims made on the domestic level. This is not the question addressed in this article, however. This article describes how a distinct field of activity, known as "transitional justice"-and not just "human rights"- came into being. This question is related to the international human rights networks they address, but it is not reducible to it. That is, it is entirely possible that domestic human rights groups seeking to advance accountability claims could have leveraged their international networks to aid their causes-but without a distinct field of transitional justice ever coming into existence. See Kathryn Sikkink & Carrie Booth Walling, Argentina's Contribution to Global Trends in Transitional Justice, in TRANSITIONAL JUSTICE IN THE TWENTY-FIRST CENTURY 301 (Naomi Roht-Arriaza & Javier Mariezcurrena eds., 2006).
12. Thus, although Argentina's Center for Legal and Social Studies (CELS) was one of the key human rights actors pushing for justice measures during the Argentine transition, its international partner, Americas Watch, played a more central role in the emergence of an international-level field of transitional justice, particularly through the efforts of Juan Méndez and Aryeh Neier.
13. Interview with Alice Henkin, Director, Justice and Society Program, The Aspen Institute, New York, N.Y. (13 Aug. 2007).
14. GARY JONATHAN BASS, STAY THE HAND OF VENGEANCE: THE POLITICS OF WAR CRIMES TRIBUNALS (2000).
15. JON ELSTER, CLOSING THE BOOKS: TRANSITIONAL JUSTICE IN HISTORICAL PERSPECTIVE (2004).
16. Ruti G. Teitel, Transitional Justice Genealogy, 16 HARV. HUM. RTS. J. 69, 70 (2003).
17. See Quentin Skinner, Meaning and Understanding in the History of Ideas, in MEANING AND CONTEXT: QUENTIN SKINNER AND HIS CRITICS 33-34 (James Tully ed., 1988).
18. James Tully, The Pen is a Mighty Sword: Quentin Skinner's Analysis of Politics, in MEANING AND CONTEXT, supra note 17, at 13.
19. Skinner actually makes a much more sophisticated argument about the interrelationship between political vocabulary and political action. As Tully notes, "Using these terms in the conventional way serves to legitimate customary practices." Trying to use such a term in a new way, however, "will then serve to re-characterize, or re-evaluate, the political situation it represents; legitimizing a new range of activity or beliefs, delegitimizing or reinforcing the status quo, and so on." Id. This account does not rest on this broader set of claims, however, but rather only on the claims cited above.
20. Mary Jo Palumbo, New Democracies Debate How to Punish Dictators of Past, BOSTON HERALD, 5 Apr. 1992, at 16.
21. See, e.g., Letter from Wendy Luers in which she used the phrase "transitional justice," in Justice in Times of Transition Files, Folder, Background, to Justice Project (Early Proposals/Precursors) Cambridge, Mass (5 Dec. 1991) (copy on file with author).
22. Boraine had worked with the Project on Justice in Times of Transition, which enabled him to invite some of the international guests to the 1994 conference, "Dealing with the Past." When he left IDASA shortly after that conference, he formed his own organization, which was the occasion for adapting the Project on Justice in Times of Transition's name.
23. Ruti Teitel claims authorship of the phrase, and it is likely that she was among the very first to use it and was instrumental in its diffusion. See Ruti Teitel, Editorial Note- Transitional Justice Globalized, 2 INT'L J. OF TRANSITIONAL JUST. 1 (2008). However, there are other usages around the same time, and some even earlier. In 1989, philosopher Juan E. Corradi, Toward Societies Without Fear, in FEAR AT THE EDGE: STATE TERROR AND RESISTANCE IN LATIN AMERICA 267, 285-86 (Juan E. Corradi, et al. eds., 1992). Finally, there is a chapter entitled "Transitional Justice" in an obscure 1948 book on the US occupation of New Mexico: Arie W. Poldervaart, Black-Robed Justi ce (1948).
24. Priscilla B. Hayner, Fifteen Truth Comissions- 1974 to 1994: A Compartive Study, 16 HUM. RTS. Q. 611, 622 (1994).
25. Lexis search for "transitional justice" from 1 Jan. 1950 to 1 Jan. 2001. Of course, the measures that, taken collectively, came to be known as transitional justice have a history of their own. For example, a similar search of the term "truth commission" yields negligible results (only eighteen mentions) before 1 Jan. 1990 (certainly owing to the fact that the Argentine commission did not call itself a "truth commission")-and then skyrocketed thereafter, mainly owing to reporting on the Chilean commission, the El Salvadoran commission, and the South African TRC. Between 1 Jan. 1990 and 1 Jan. 1994, there were 404 stories that mentioned "truth commission"; from 1 Feb. 1994 to 1 Jan. 1998, there were 1,759; and from 1 Feb. 1998 to 1 Jan. 2001, there were 1,377. The spike occurred at the time of the South African TRC.
26. Other outlets included New Jersey Criminal Law Forum, Syracuse Journal of International Law and Commerce, Ethics & International Affairs, and Cambridge Quarterly.
27. Richard Lewis Siegel, Transitional Justice, A Decade of Debate and Experience, 20 HUM RTS Q. 431, 433 (1998) (book review).
28. Nonfiction, WASH. POST BOOKWORLD, 12 Nov. 1995, at X12.
29. Theodore J. Piccone, Transitional Justice, 90 AM. J. INT'L L. 540, 541 (1996) (book review).
30. Timothy Garton Ash, The Truth About Dictatorship, N.Y. REV Books, 19 Feb. 1998, at 35.
31. Id. at 40.
32. Id.
33. Id.
34. Id.
35. See FROM DICTATORSHIP TO DEMOCRACY: COPING WITH THE LEGACIES OF AUTHORITARIANISM AND TOTALI - TARIANISM, ( John H. Herz ed., 1982), cited in TRANSITIONAL JUSTICE: HOW EMERGING DEMOCRACIES RECKON WITH FORMER REGIMES, Vol. I, 132, 142 (Neil J. Kritz ed., 1995). It also appears, briefly, in Volume II.
36. See also Lutz R. Reuter, How Germany Has Coped: Four Decades Later, in TRANSITIONAL JUSTICE, Vol. II, 63, 67 (Neil J. Kritz ed., 1995).
37. Of course, one could not only ascribe the "success" of the new field of transitional justice to its capacity to create resonances-an important part of the story is the creation of institutions and networks, which are not things treated in this article.
38. It should be noted that the practices of "naming and shaming" that we associate with the international human rights movement have also been around a long time-one thinks of the anti-slavery campaign in Great Britain and other countries in the eighteenth and nineteenth centuries, as well as the anti-torture campaign in France during the French-Algerian War (1954-1962). However, these phenomena did not themselves constitute an "international human rights" movement, but were rather antecedents of it. See Samuel Moyn, On the Genealogy of Morals, THE NATION, 16 Apr. 2007 (Review of LYNN HUNT, INVENTI NG HUMAN RIGHTS: A HISTORY (2007)), available at http://www.thenation.com/doc/ 20070416/moyn.
39. Interview with Juan Méndez, President, International Center for Transitional Justice, New York, N.Y. (9 Aug. 2007). Margo Picken, the Ford Foundation program officer who helped to fund the Aspen Institute conference, recalls that many governments and donor agencies in the 1980s saw human rights organizations as troublemakers in these new regimes (which they supported). This perception resulted in a shift in funding away from human rights to conflict resolution organizations-a trend that was particularly striking in Latin America. Email interview with Margo Picken, Fellow, London School of Economics and Political Science (10 Dec. 2007).
40. Id.
41. Id.
42. Although Americas Watch strongly supported the aims of the National Commission on Disappeared Persons, its report devoted only three pages (out of sixty-four) to the commission. JUAN MÉNDEZ, AMERICAS WATCH, TRUTH AND PARTIAL JUSTICE IN ARGENTINA: AN UPDATE (1991). According to Méndez, the reason is that the CONADEP report was by that time very well known.
43. Zalaquett, Confronting Human Rights Violations, supra note 6, at 24. It should be noted that although part of this article was republished in Kritz' Transitional Justice, Vol. 1, the opening sections, which are quoted here and which describe the reasons for a shift in human rights activism in the 1980s, were omitted from Kritz' excerpt.
44. Id. at 25.
45. See W.W. ROSTOW, THE STAGES OF ECONOMIC GROWTH: A NON-COMMUNIST MANIFESTO (3d. 1990). On the modernization theory and its impact on US foreign policy, see NILS GILMAN, MANDARINS OF THEFUTURE: MODERNIZATION THEORY IN COLD WAR AMERICA (2003); MICHAEL E. LATHAM, MODERNIZATION AS IDEOLOGY: AMERICAN SOCIAL SCIENCE AND "NATION BUILDING" IN THE KENNEDY ERA (2000).
46. For a reference to the replacement of "stage" with "sequence" in theories of political development beginning in the late 1960s, see GILMAN, supra note 44, at 90.
47. See Nicolas Guilhot, The Transition to the Human World of Democracy: Notes for a History of the Concept of Transition, from Early Marxism to 1989, 5 EUR. J. SOC. THEORY 219 (2002).
48. Id. at 235.
49. See NICOLAS GUILHOT, THE DEMOCRACY MAKERS: HUMAN RIGHTS AND INTERNATI ONAL ORDER (2005);
50. ROBERT PACKENHAM, THE DEPENDENCY MOVEMENT: SCHOLARSHIP AND POLITICS IN DEVELOPMENT STUDIES (1992); Moyn, supra note 37.
51. These are complicated events to which I cannot do justice in just a few sentences. For an overview of the issues, see Norbert Lechner, De la revolución a la democracia, CIUDAD FUTURA 2 (1986); Steve Ellner, Latin American Studies Assoc.: The Latin American Left Since Allende: Perspectives and New Directions, 24 LATIN AM. RES. REV. 143 (1989);
52. Ronaldo Munck, Farewell to Socialism? A Comment on Recent Debates, LATIN AM. PERSP., Apr. 1990, at 113.
53. JEFFREY M. PURYEAR, THINKING POLITICS: INTELL ECTUALS AND DEMOCRACY IN CHILE, 1973-1988, at 64 (1994).
54. Guillermo O'Donnell, Introduction to the Latin American Cases, in TRANSITIONS FROM AUTHORITARIAN RULE: LATIN AMERICA 15 (Guillermo O'Donnell et al. eds., 1986).
55. MARGARET E. KECK & KATHRYN SIKKINK, ACTIVISTS BEYOND BORDERS: ADVOCACY NETWORKS IN INTERNATIONAL POLITICS 88-90 (1998).
56. Bernard Kouchner, co-founder of MSF in 1971 and one of the leading lights of the Young Communists in France during the French-Algerian War, abandoned the "revolution vs. counterrevolution" framework through which he viewed struggles in the Third World upon a visit to Biafra in the late-1960s. For an exhaustive history of MSF's relationship to the radical Left, see Anne Vall aeys, Médeci ns Sans Frontières: La bi ographi e (2004).
57. Munck, supra note 49, at 114. Munck continues, "The overwhelming presence of the state under the military encouraged a self-criticism of the left's own statism. ⋯ Above all, the logic of war as practiced by the military regimes led parts of the armed left to question its own past militarism." For Munck these self-critiques fed the turn toward human rights, democracy, and a concern with fostering civil society.
58. James Petras, The Metamorphosis of Latin America's Intellectuals, LATIN AM. PERSP., Apr. 1990, at 102, 104. Using an explicitly Marxist (Gramscian) frame of analysis, Petras argues that military regimes' persecution of intellectuals and scholars in the 1970s led to an increasing dependence of this "intellectual class" on foreign support, especially emanating from the United States and Europe. He charts the rise of externally funded research centers, such as CEDES (Argentina), FLACSO (Chile), and CEBRAP (Brazil), led by "local research entrepreneurs." These researchers constituted a "new class of 'internationally' oriented intellectuals ⋯ embedded in dependent relations with overseas networks." Although Petras only mentions one researcher by name-Guillermo O'Donnell-much of his analysis obviously refers to Fernando Henrique Cardoso, a leading thinker in the dependency movement, co-founder of CEBRAP, and later president of Brazil. Id. at 106, 112 n.3.
59. Mahmood Mamdani, Beyond Settler and Native as Political Identities: Overcoming the Political Legacy of Colonialism, 43 Comp . Stud. Soc'y & Hist. 651 (2001).
60. For a discussion of African socialism and a comparison of the ideas of Nkrumah and Nyerere, see Steven Metz, In Lieu of Orthodoxy: The Socialist Theories of Nkrumah and Nyerere, 20 J. MOD. AFR. STUD. 377 (1982).
61. Prosser Gifford & William Roger Lewis, Introduction, in DECOLONIZATION AND AFRICAN INDEPENDENCE: THE TRANSFERS OF POWER, 1960-1980, at xxv (Prosser Gifford & Wm. Roger Lewis eds., 1988).
62. A claim voiced, not least of all, by Jean-Paul Sartre during the course of the 1967 Russell Tribunal, when discussing why it was that a Nuremberg-style tribunal had not been set up to try members of the French government after the 1945 Sétif massacre in Algeria. See Jean-Paul Sartre, On Genocide, in AGAINST THE CRIME OF SILENCE: PROCEEDINGS OF THE INTERNATIONAL WAR CRIMES TRIBUNAL 615 (John Duffett ed., 1968).
63. Not only ex-colonial states, but also ex-colonial powers demonstrated some interest in "transitioning" to socialism. During the Portuguese revolution in 1974-1976, nationalization and land expropriation policies were enacted, and the 1976 constitution proclaimed that the aim of the new republic was to ensure the "transition to socialism." French politics in the 1970s was also marked by a "Union of the Left" between the Socialist Party and the Communist Party, whose publicly stated goal was to nationalize more than 50 percent of the economy (the plan eventually put into effect by the Socialists in 1981 entailed vastly less than this). On Portugal, see Kenneth Maxwell, Regime Overthrow and the Prospects for Democratic Transition in Portugal, in TRANSITIONS FROM AUTHORITARIAN RULE: SOUTHERN EUROPE 109, 132-36 (Guillermo O'Donnell & Philippe Schmitter eds., 1986); on France, see BERNARD E. BROWN, SOCIALISM OF A DIFFERENT KIND: RESHAPING THE LEFT IN FRANCE (1982).
64. Cardoso, though a principal architect of the project, was forced to scale back his participation when he became involved in electoral politics in Brazil in late 1978. Interview with Abraham Lowenthal, Professor, University of Southern California, via telephone (6 Aug. 2007).
65. Id.
66. See GUILHOT, THE DEMOCRACY MAKERS, supra note 48, at 123-24.
67. PURYEAR, supra note 50, at 57.
68. Sergio Bitar, quoted in id.
69. Nicolas Guilhot describes in much greater depth the vectors of transmission of the "transitions" idea in GUILHOT, THE DEMOCRACY MAKERS, supra note 48. He makes an important distinction between the left-leaning analysis of transitions evinced by actors such as the Woodrow Wilson group and the neoconservative analysis promoted by those associated with Reagan foreign policy.
70. Herz organized two meetings in 1979 and 1980 on a comparative analysis of "the breakdown of dictatorships and their transformation into successor democracies" at the City University of New York. The outcome was FROM DICTATORSHIP TO DEMOCRACY, supra note 35. This work, of course, excludes consideration of Latin American cases and focuses mainly on post-World War II transformations in Europe and Japan. It also considers Greece, Portugal, and Spain.
71. Interview with Lowenthal, supra note 61. Lowenthal recalls that the motivation for the Dialogue was to find a way to counterbalance the Reagan administration's policies in Latin America. During a trip to Chile and Peru in 1982, just after the Malvinas War, he was struck by how " flabbergasted" people were by the administration's obsession with Central America. Convinced that people were more agitated than he had ever seen them in his career since the 1960s, and that Washington was not paying attention, he wanted to find a way to inject their concerns into discussions in Washington. He made a last-minute lunch-time visit to Cardoso in Brazil, who then helped him to develop the idea. The first meeting of the Dialogue in November 1982 included an hour long exchange with Secretary of State George Shultz and ended with an hour and a half debriefing with Vice President George H. W. Bush. Today, the Dialogue includes among its members Cardoso, Alfonsín, Bitar, former Chilean President Ricardo Lagos, Joaquin Villalobos, Moisés Naím, plus a whole host of prominent US politicians and opinionmakers.See Inter-American Dialogue, available at http://www.thedialogue.org.
72. GUILLERMO O'DONNELL & PHILIPPE SCHMITTER, TRANSITIONS FROM AUTHORITARIAN RULE: TENTATIVE CONCLUSIONS ABOUT UNCERTAIN DEMOCRACIES 5 (1986).
73. Dankwart A. Rustow, Transitions to Democracy: Toward a Dynamic Model, in TRANSITIONS TO DEMOCRACY 14 (Lisa Anderson ed., 1999).
74. Id. at 340.
75. O'DONNELL & SCHMITTER, supra note 69, at 37-39.
76. In this respect, O'Donnell and Schmitter placed great weight on a few key elements: symbolic gestures of protest, often made by inspirational individuals; the activity of human rights organizations, which typically enjoy high prestige and moral authority in the wake of a political transformation; and the reactivation of working class and union identities hitherto suppressed by the regime. Id. at 48-49.
77. Id. at 28, 30, 31.
78. Given my argument above concerning the relevance of what is being "transitioned to," it is interesting to note that O'Donnell and Schmitter do not rule out the possibility (or desirability) of an eventual transition to socialism (or, as they call it "socialization"). For them, however, such a transition would best take place only after a transition to democracy has been consolidated. See id. at 11-12.
79. See Thomas Carothers on relationship between policy and scholarly discussions on "transitions" in THOMAS CAROTHERS, AIDING DEMOCRACY ABROAD: THE LEARNING CURVE 93 (1999). Given the much stronger links between academia and politics in Latin American countries than existed in the United States, perhaps there was more possibility for cross-fertilization.
80. Interview with Méndez, supra note 38; Telephone Interview with José Zalaquett, Professor, University of Chile, Santiago (9 Oct. 2007).
81. ALEX BORAINE, A COUNTRY UNMASKED 16 (2000).
82. See Ford Foundation Archives, Grant No. 885-0149, § 4, Letter from Alice H. Henkin to Stephen Marks (26 Mar. 1987); Inter-Office Memorandum from Stephen P. Marks to Shepard Forman (17 Mar. 1987).
83. Interview with Henkin, supra note 13.
84. The group also included Owen Fiss, Tim Scanlon, and Bernard Williams. Interview with Malamud-Goti, supra note 5.
85. WESCHLER, supra note 1, at 4.
86. M. BENJAMI N MOLLOV, POWER AND TRANSCENDENCE: HANS J. MORGENTHAU AND THE JEWISH EXPERIENCE 4, 125 (2002).
87. Interview with Méndez, supra note 38; Interview with Zalaquett, supra note 77.
88. José Zalaquett, From Dictatorship to Democracy, NEW REPUBLIC, 16 Dec. 1985, at 17-21.
89. Interview with Henkin, supra note 13; Telephone Interview with Malamud-Goti, supra note 5. Malamud-Goti was actually recruited by Paul Martin, who worked with Louis Henkin at the Center for the Study of Human Rights at Columbia.
90. Malamud-Goti was responding to an article written by Julio Maier. Interview with Malamud-Goti, supra note 5.
91. Alice H. Henkin, Conference Report, in STATE CRIMES, supra note 3, at 1, 9.
92. Id. at 4.
93. Interview with Méndez, supra note 38.
94. Angel Velásquez-Rodríguez was a student who had been detained by the Honduran police and then never seen again. The court ruled that the government had a responsibility under the American Convention on Human Rights to perform due diligence in preventing, investigating, and punishing disappearances. Since it did not do so in this case, it was obliged to pay compensation to the student's family. This ruling would be one of the bases for a later right to justice enshrined in the "Joinet Principles". See MARK FREEMAN, TRUTH COMMISSIONS AND PROCEDURAL FAIRNESS 9 (2006).
95. MÉNDEZ, supra note 41, at 59.
96. Id.
97. Diane F. Orentlicher, Settling Accounts: The Duty to Prosecute Human Rights Violations of a Previous Regime, 100 YALE L.J. 2537 (1991).
98. Diane F. Orentlicher, Settling Accounts Revisited: Reconciling Global Norms with Local Agency, 1 INT'L J. TRANSITIONAL JUST. 10, 12 (2007).
99. See The Administration of Justice and the Human Rights of Detainees: Question of the Impunity of Perpetrators of Human Rights Violations (Civil and Political), Revised Final Report Prepared by Mr. Joinet, U.N. ESCOR, Comm'n on Hum. Rts., Sub-Comm'n on Prev. of Discrim. & Protect. of Min., 49th Sess., Agenda Item 9, U.N. Doc. E/CN.4/Sub.2/1997/20/Rev.1 (1997). A brief overview of the development of international law and transitional justice can be found in FREEMAN, supra note 91, at 6-9.
100. Henkin, Conference Report, supra note 88, at 4-5.
101. Weschler, Afterword, supra note 3, at 92.
102. Id. at 72.
103. The only extant account of their debate is Weschler, A Mi racle, supra note 1, at 243-45.
104. MENDEZ, supra note 41, at 60.
105. Interview with Méndez, supra note 38;
106. Interview with Henkin, supra note 13;
107. Telephone interview with Zalaquett, supra note 77;
108. Telephone interview with Margo Picken, Fellow, London School of Economics and Political Science (11 Oct. 2007).
109. Henkin, Conference Report, supra note 88, at 3.
110. Malamud-Goti, Trying Violators of Human Rights, supra note 4, at 81-82. Although Herz also mentions that giving a "clear and unvarnished picture of the true character of the regime" was one of the aims of the postwar Allied trials, in fact, "they had little effect." John H. Herz, An Historical Perspective, in State Cri mes, supra note 3, at 19-20.
111. Henkin, Conference Report, supra note 88, at 5.
112. Zalaquett, Confronting Human Rights Violations, supra note 6, at 31.
113. Id.
114. Herz, An Historical Perspective, supra note 105, at 19.
115. Henkin, Conference Report, supra note 88, at 5.
116. Zalaquett, Confronting Human Rights Violations, supra note 6, at 38.
117. Henkin, Conference Report, supra note 88, at 16, 6-7;
118. Zalaquett, Confronting Human Rights Violations, supra note 6, at 60-61.
119. Id. at 36.
120. Herz, An Historical Perspective, supra note 105, at 20.
121. Id.
122. Zalaquett, Confronting Human Rights Violations, supra note 6, at 36-37.
123. WESCHLER, A MIRACLE, supra note 1, at 244.
124. Judith Goldstein & Robert Keohane, Ideas and Foreign Policy: An Analytical Framework, in IDEAS AND FOREIGN POLICY: BELIEFS, INSTITUTIONS, AND POLITICAL CHANGE 9-10 (Judith Goldstein & Robert O. Keohane eds., 1993).
125. See also Keck and Sikkink's discussion of how "principled beliefs" are at the heart of human rights work. KECK & SIKKINK, supra note 52, at 1.
126. Herz, An Historical Perspective, supra note 105, at 22.
127. Aryeh Neier, Do Trials Work? N.Y. REV. BOOKS, 19 Oct. 1995 (in response to Timothy Garton Ash, Central Europe: The Present Past, N.Y. REV. BOOKS, 13 July 1995.
128. Id.
129. See Philippe C. Schmitter with Terry Lynn Karl, The Conceptual Travels of Transitologists and Consolidologists: How Far to the East Should They Attempt to Go?, 53 SLAVIC REV. 173 (1994);
130. Valerie Bunce, Should the Transitologists Be Grounded? 54 SLAVIC REV. 111 (1995);
131. Terry Lynn Karl & Philippe C. Schmitter, From an Iron Curtain to a Paper Curtain: Grounding Transitologists or Students of Postcommunism?, 54 SLAVIC REV. 965 (1995)
132. Valerie Bunce, Paper Curtains and Paper Tigers, 54 SLAVIC REV. 979 (1995). Also of interest is Sarah Meiklejohn Terry, Thinking About Post-communist Transitions: How Different Are They?, 52 SLAVIC REV. 333 (1993).
133. See MICHAEL BRATTON & NICOLAS VANDE WALLE, DEMOCRATIC EXPERIMENTS IN AFRICA: REGIME TRANSI -TIONS IN COMPARATIVE PERSPECTIVE 118 (1997).
134. See Fareed Zakaria, The Rise of Illiberal Democracy, 76 FOREIGN AFF. 22 (Nov.-Dec. 1997);
135. Robert D. Kaplan, Was Democracy Just a Moment? ATLANTIC MONTHLY, Dec. 1997, at 55;
136. Thomas Carothers, The End of the Transition Paradigm, 13 J. DEMOCRACY 5 (2002).
137. STEPHEN F. COHEN, FAILED CRUSADE: AMERICA AND THE TRAGEDY OF POST-COMMUNIST RUSSIA 24, 94 (2001).
138. Carothers, The End of the Transition Paradigm, supra note 124, at 17-18.
139. This movement has been analyzed in terms of a "justice cascade." See Ellen Lutz & Kathryn Sikkink, The Justice Cascade: The Evolution and Impact of Foreign Human Rights Trials in Latin America, 2 CHI. J. INT'L L. 1 (2001).
140. See also Sikkink & Walling, supra note 11.
141. WESCHLER, A MIRACLE, supra note 1, at 244.
142. STATE CRIMES, supra note 3;
143. CHARTER 77 FOUNDATION, PROJECT ON JUSTICE IN TIMES OF TRANSITION, (Report of the Project's Inaugural Meeting), Salzburg, 7-10 Mar. 1992;
144. DEALING WITH THE PAST, supra note 7, at 159. These lists are based on available sources, but may be incomplete.