Transitional Justice and Memory in Europe (1945-2013)

'The most sophisticated study to date of transitional justice. Responding to a thoughtful and well-elaborated conceptual framework, contributors explore transitional justice in nine European countries in the aftermath of civil and interstate wars. The collective findings document the variety of responses, some of the reasons for them, their consequences for justice, healing and democratic reconstruction and the important role played by official and collective memories. This is a must read for academics and policymakers alike.' Richard Ned Lebow, Professor of International Political Theory in the War Studies Department of King's College London and the James O. Freedman Presidential Professor (Emeritus) of Government at Dartmouth College. 'Surprisingly, we needed the detour of studying faraway tyrannies and wars to rethink in terms of transitional justice the legacy of painful pasts and the persistence of traumatic memories in postwar Europe. This impressive book offers a tableau of incisive country studies inspired by this new approach. Firmly embedded in comparative analysis and theoretical reflection, it should be in the hand luggage of the non-existent but dearly needed Special Rapporteur on Transitional Justice of the Council of Europe.' Antoon De Baets, author of Responsible History, University of Groningen

• The Use of History in the Field of Transitional Justice: A Critical Introduction Nico Wouters 1. Is history useful? 2. The past as a guide for present and future 3. Closure and reconciliation: searching for a consensus on the past 4. Justice and (historic) truth 5. To conclude: how this book approaches history in transitional justice West Germany: A Case of Transitional Justice avant la lettre? Annette Weinke 1. International law and 20th Century Germany 1.1. The "longue duree" of the German "struggle to come to terms" 1.2. "A past that will not go away - " Continuity and rupture after 1945 1.3. The legacy of "Leipzig" and "Nuremberg" 2. National policies of "Vergangenheits bewaltigung" 2.1. Aporia of West German "Vergangenheits bewaltigung" 2.2. Return of the rule of law? 3. Justice, history, memory 4. Summary 52 Selective further reading Changing Things so Everything Stays the Same: The Impossible "epuration" of French Society, 1945 - 2000 Marc Olivier Baruch 1. The legacy of earlier experiences 2. Transitional justice in the making (1943 - 1947) 2.1. Type of preceding regime 2.2. Type of transition 2.3. Type and duration of key transitional justice period 2.3.1. Before the liberation of mainland France (August 1943 - August 1944) 2.3.2. Judicial state-initiated and state-executed measures 2.3.3. Quasi-judicial techniques 2.3.4. Non-judicial 2.3.5. Numbers of punished perpetrators 2.4. Evaluation 3. Transitional justice in the long run, a chronological approach 3.1. 1947 - 1954: A troubled time of changes in TJ policy 3.1.1. Trials. 3.1.2. Reconciliation measures 3.1.3. The domestic and international political context 3.1.4. The national impact of international developments in the domain of TJ 3.1.5. The role of academic research and of literary works 3.1.6. Memory eruptions: the public debate 3.2. 1954 - 1970: a time overshadowed by General de Gaulle 3.2.1. The domestic and international political context 3.2.2. Th e influence of successive generations, the role of academic research, literary works and movies 3.2.3. Memory eruptions: the public debate 3.3. 1970 - 1994: France's troubled memories 3.3.1. The political context 3.3.2. The role of academic research and culture 3.3.3. Memory eruptions: the public debate 3.4. 1995 and after 4. A few words of conclusion 90 Selective further reading A Consensus of Differences. Transitional Justice and Belgium's Divided War Memories (1944 - 2012) Nico Wouters and Dirk Luyten 1. The central phase of transitional justice policies (1944 - 1951) 1.1. The occupation regime 1.2. Transitional justice measures. 1.2.1. Judicial policies: state-initiated and state-executed measures 1.2.2. Judicial innovations 1.2.3. Quasi-judicial techniques 2. Towards mitigation and reintegration of convicted collaborators 3. Policy for victims 4. Long-term processes: on the effects of transitional justice on memory development 4.1. Divided memories and the amnesty debate 4.2. Patriotic memory communities and the Belgian state 4.3. The memories of war enter a period of transition (1971 - 1994) 4.4. The global human rights culture: an end to Belgium's divided memories? 4.5. On memory consensus 128 Selective further reading Transitional Justice in the Netherlands after World War II Peter Romijn and Erik Schumacher. 1. Phase I (before 10 May 1940): pre-war legal framework 2. Phase II (between 10 May 1940 and 1 January 1952) 2.1. Background 2.2. New legislation 2.3. Administration of justice 2.3.1. Minor cases 2.3.2. Serious cases 2.4. Reintegration 2.5. Purging 2.5.1. Purging in practice 2.5.2. Purges in the non-government sphere 2.6. Compensation 2.7. Evaluation 3. Phase III (from 1 January 1952) 3.1. Public memory 3.2. Clemency 3.3. Reintegration 3.4. Compensation 3.5. Commemorations 3.6. Reconciliation? 167 Abbreviations 169 Selective further reading From Ruptured Transition to Politics of Silence: the Case of Portugal Filipa Raimundo and Antonio Costa Pinto 1. The antecedents: the authoritarian regime 2. The Portuguese way to democracy: a transition by rupture 3. Transitional justice: trials and purges 3.1. Th e first phase: transitional justice based on an alleged revolutionary legality (April 1974 - December 1975) 3.1.1. The purge of the military, the civil service, and the judiciary 3.1.2. The political police 3.1.3. The economic elites 3.2. The second phase: the establishment of democratic legality (December 1975 - 1982) 3.2.1. The military trials 3.2.2. The reintegration of perpetrators 4. The post-transitional justice period (1982 - ) 4.1. The archives 4.2. Reparation measures for victims 4.3. Symbolic reparations 4.4. Remembrance and truth telling 5. Summary and conclusions 196 Abbreviations 197 Selective further reading Amnesty and Reparations Without Truth or Justice in Spain Paloma Aguilar and Clara Ramirez-Barat 1. Historical antecedents of the current transitional justice policies in Spain 1.1. Transitional justice in the pre-Franco period (September 1923 - July 1936) 1.2. The Civil War (July 1936 - April 1939) 1.3. The Franco regime (July 1939 - 20 November 1975) 2. Transitional justice policies (1975 - 2000) 2.1. The legacy of the Franco regime 2.2. The 'Spanish model': reparations and amnesty without accountability and truth telling 3. Post-transitional justice policies and memory irruptions (2000 - 2011) . 3.1. Why has a post-transitional phase taken place in Spain? 3.2. Measures approved from 2002 to 2012 3.3. Judicial initiatives 3.4. Social initiatives 4. Memory and transitional justice in the political culture of the Spaniards 5. Conclusions Abbreviations Selective further reading Official websites and other private resources Transitional Justice after the Collapse of Dictatorship in Greece (1974 - 2000) Stefanos Katsikas 1. Introduction 2. The colonels' regime (1967 - 1974) 3. The first measures towards democratisation: "The Government of National Unity" 4. The junta trials 4.1. The trial of the instigators of the 21 April 1967 military coup 4.2. The verdict of the trial of the instigators of the 21 April 1967 military coup 5. The trial over the November 1973 events at the Polytechnic School of Athens 5.1. The verdict of the Trial over the November 1973 events at the Polytechnic School 6. The trials of the torturers 6.1. The verdict of the trials of the torturers 7. Incarceration 8. Reconciliation in the aftermath of the junta period (1974 - 1981) 9. Reconciliation in the post-junta period (1981 - 1989) 10. 1989 and reconciliation by fire 11. Epilogue 281 Abbreviations 286 Selective further reading The Incomplete Transition in Hungary Renata Uitz 1. Introduction: The "three phases" in the Hungarian context 2. Phase 1: Repressions 2.1. From Admiral Horthy's conservative nationalist to the national socialist regime 2.2. Establishing the communist regime: 1944 - 1948 2.3. 1949 - 1956: The years of communist dictatorship 2.4. From the suppression of the 1956 revolution to normalisation into the 'happiest barrack ' 3. Phase 2: Transitional justice measures 3.1. A prelude to transitional justice measures in 1989: the first effort in doing justice about WWII? 3.2. The legal framework for transitional justice after 1989 3.2.1. Retroactive justice measures punishing perpetrators of past crimes 3.2.2. Rehabilitation laws 3.2.3. The files and activities of the communist Secret Services: Lustration and access to files 3.3. The context of transitional justice measures following 1989 4. Phase 3: Lasting impact 4.1. Reintegration of perpetrators 4.2. Measures for victims 4.2.1. Compensation 4.2.2. Victims' organisations 4.3.3. A largely unfulfilled promise: access to files 4.3. Remembering: the politics of memory 5. Conclusions 323 Selective further reading The Polish Paradox: Transition from and to Democracy Klaus Bachmann 1. Transitional justice in Poland during and after World War II 1.1. Introduction 1.2. Antecedents 1.3. The preparation of transitional justice measures 1.4. The scope of justice 1.5. Non-judicial measures and popular purges 1.6. Reintegration and the impact of demography and reconstruction 1.7. The logic of inclusion 1.8. Historical policy, historiography and the meaning of collaboration 1.9. Memory eruptions - the question of anti-Semitism aft er the war 2. Transitional justice and democratisation during the nineties 2.1. Introduction 2.2. The preparation of transitional justice measures 2.3. Non-judicial measures and popular purges 2.4. Reintegration and the impact of demography and reconstruction 2.5. Memory eruptions and the prevalence of inclusion and the national paradigm 2.6. The role of historical and sociological research 349 Abbreviations 349 Selective further reading Comparing Transitional Justice Experiences in Europe Luc Huyse 1. Same challenges, but different answers? 1.1. A devil's choice: to punish or to let bygones be bygones 1.2. Exclusion versus inclusion of perpetrators 1.3. Blending Realpolitik and respect for the rule of law 1.4. Perpetrator- or victim-centered attention? 1.5. To forget or to remember? 2. Contextual factors that shaped policies 2.1. The preceding regime 2.2. Earlier experiences 2.3. The type of transition 2.4. The international context 3. Similarities 3.1. A chaotic start. 3.2. Pragmatic and adaptive decision-making 3.3. Perpetrator-centered policies 3.4. Selectivity in accountability and reintegration measures, and in reparation policies 3.5. Politico-strategic concerns dominated 3.6. A long-term process 3.6.1. What? 3.6.2. Why? 3.7. Common challenges 3.8. The considerable impact of the outside world Transitional Justice and Memory Development in Europe Nico Wouters 1. How to approach transitional justice and memory? 2. Can we see a sequenced TJ life cycle? 3. What was the impact of the politics of memory? 4. What kind of TJ-related issues invoked memory incidents/ irruptions? 5. What was the role of local memories; civil society agency and memory activism? 6. How do we explain shifts in memorial regimes? 7. To conclude and summarise 408 About the Authors