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(B)
Can we use law to hold the past to account?
From Prepared Remarks
Shlomo Avineri
Professor, Department of Political Science, Hebrew University, Jerusalem
When
we move from such enormities as Nazi mass murders to other cases - be
they internal transitions in Eastern Europe, South Africa, Latin America
or recent developments in the former Yugoslavia, Rwanda and East Timor,
the issues are far more complex. Here the issue is to find a balance between
keeping an historical memory as part of the national narrative, making
individuals pay for acts which by any universally-accepted standards were
criminal (even if they have not been criminal according to the law of
the land when perpetrated) - and last and not least, how to integrate
all these considerations into a political project which at least partially
aims at national re-conciliation. To this one should add that in most
cases of transition, yesterday=s dictators turned over power peacefully:
not voluntarily (they were, after all, forced to do so by the political
circumstances), but in various ways - whether in Poland, South Africa
or Chile - the transition was part of a negotiated settlement. At the
end of the day, Jaruzelski, de Klerk, Pinochet and Honnecker participated
actively or at least acquiesced in the transfer of power and the transition
to democracy.

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