There are no guidelines that can serve societies that have endured a governing process that included crimes against humanity and gross abuses f human rights, but that are currently making a democratic transition based on constitutionalism and respect for the individual. Fashioning an appropriate approach is rendered more difficult to the extent that the former regime voluntarily gave up power as part f a bargain with the democratic opposition, and yet remains on the scene, even continuing to control the armed forces and internal police apparatus. The Southern Cone countries f Chile and Argentina pose this challenge in its sharpest possible form, but the same type f issue is posed for many other countries, including South Africa and several Central American countries.
The complexity f this challenge has been widely revealed over the course f the last year or so by the controversy surrounding the arrest f the former Chilean dictator, Augusto Pinochet. At issue most fundamentally is whether international standards governing the accountability f leaders takes precedence over the implementation f a national bargain in Chile, giving Pinochet effective immunity, and even a position f Senator for Life. ...Show more