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13 Hamline L. Rev. 623 (1990)
Confronting Human Rights Violations Committed by Former Governments: Applicable Principles and Political Constraints

handle is hein.journals/hamlrv13 and id is 633 raw text is: CONFRONTING HUMAN RIGHTS VIOLATIONS COMMITTED BY FORMER GOVERNMENTS: APPLICABLE PRINCIPLES AND POLITICAL CONSTRAINTSt (with special reference to Latin America) Josh Zalaquett* I. INTRODUCTION Since the issue of human rights gained prominence in the interna- tional agenda, political changes have occurred in many countries that were previously known for a pattern of gross human rights violations. Opposition forces have come to power in many of them; in others, the new authorities, although not entirely disassociated from the deposed regimes, have distanced themselves from the past regime and from their legacy of human rights abuses. In some cases, the direction of political change has been toward democracy, whether to restore a democratic form of government where it had been interrupted by dictatorial rule, or to take steps to establish one where none had previously existed. In other situations, the incom- ing government has simply altered the focus or character of repression while condemning the abuses committed by the deposed regime and punishing those found responsible. In recent years, these political tran- sitions have demanded great attention from human rights organiza- tions, national and international, while presenting them with challenges they are not prepared to meet. Of course, political change is constantly occurring in one place or another and human rights organizations have witnessed many political transitions. The human rights movement was already well established internationally when the dictatorships of Greece, Portugal and Spain came to an end in the mid-1970s, and it had gained even more promi- nence by 1979 when dictatorial regimes were toppled in Nicaragua, f This article has appeared in STATE CRIMES: PUNISHMENT OR PARDON (1989) and is reprinted here with the permission of the publisher, The Aspen Institute, Wye Center, P.O. Box 222, Queenstown, Maryland 21658. * Former Chair of the Executive Committee, Amnesty International. Mr. Zalaquett is a President Aylwin Appointee of the National Commission on Truth and Reconciliation and prac- tices law in Santiago, Chile.