Justice in transition - prosecution and amnesty in Germany and South Africa

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After the fall of the Berlin Wall in 1989, many countries transitioned from dictatorship to democracy, often grappling with serious human rights violations from their pasts. These new democracies faced critical questions: Is confronting the past essential, and how should it be approached? Should they punish past wrongs, particularly severe human rights abuses, or pursue amnesties for the sake of reconciliation? Is societal acknowledgment of past injustices necessary? How can victims be supported and their dignity restored? These questions are relevant not only during transitions to democracy but also in post-conflict scenarios following armed conflicts. This collection of contributions examines the outcomes of criminal prosecutions in Germany and the South African amnesty process from a comparative viewpoint. It addresses new challenges and proposes innovative solutions, particularly regarding the relationship between national efforts to confront the past and international criminal justice. The discussions are presented in an interdisciplinary manner, featuring insights from practitioners in national and international criminal justice, as well as legal scholars, political scientists, and theologians.