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28 N.Y.U. J. Int'l L. & Pol. 485 (1995-1996)
Justice as a Tool for Peace-Making: Truth Commissions and International Criminal Tribunals

handle is hein.journals/nyuilp28 and id is 493 raw text is: JUSTICE AS A TOOL FOR PEACE-MAKING: TRUTH COMMISSIONS AND INTERNATIONAL CRIMINAL TRIBUNALS RICHARDJ. GOLDSTONE* One of the things that is remarkable about the stories of both Brazil and Uruguay is the way in which, to a large degree, the rehabilitation of the torture socie- ties, to the extent it has occurred, was accomplished by the torture victims themselves. These victims- hollowed-out, burnt-out shells--came alive once again by testffying to the truth of their own exper- iences. And that truth, to a degree, has set both themselves and their societies free.' I. INTRODUCTION In the second half of the twentieth century, many coun- tries have moved from repressive regimes to democratic gov- ernments. The catalyst for these changes has varied. After the Second World War, such change was a consequence of the de- feat of Nazi Germany. More recently, in Europe, it was as a result of the dismemberment of the Soviet Union. In South America, it was the inability of military regimes to contain the demands for civil government which enabled transition to de- mocracy. In South Africa, the transition was the happy result of the victory of the anti-apartheid movement. A problem common to all countries moving from repres- sive regimes to democratic rule is how to deal with the past, and, in particular, how to deal with former leaders and their collaborators responsible for past egregious human rights abuses. Are they to be granted immunity, or are they to be held accountable? And what of the victims? Are they to be * Justice of the Constitutional Court of South Africa and former Prose- cutor for the Yugoslav and Rwanda Tribunals. This paper was delivered at New York University School of Law as the Fourth Annual Hauser Lecture, January 22, 1997. 1. LAWRF.NCE W-SCHLER, A MACLE, A UNIVESE: SErruNc ACCOUNTS wrrH TORTURERS 246 (1990). 485 Imaged with the Permission of N.Y.U. Journal of International Law and Politics

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