«Transitional Justice

Méndez Study Questions

1. After a transition to democracy, what options does a country have for dealing with those who committed rights violations during the previous regime?
2. What sources of an obligation to do justice does Méndez identify?
3. How does Méndez respond to those who say prosecutions are just not feasible, because post-transition democracies are just too weak to stand up to the military?
4. What does this obligation require a country to do? (He identifies four specific obligations that countries have)
5. What are the limits to these obligations? For example:
1. Can you demand punishment, or only trials within the limits of due process?
2. Should you convict at any price, or respect the limits of the law?
3. Can you demand that society accept the truth about the atrocities as you understand it or must you continue to allow for competing accounts of what happened? What if the perpetrators refuse to recognize that they did anything wrong?
4. Should you punish everyone who had any involvement in the violations or be more selective? What is the danger in being too selective?