
Contents
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Introduction: Past Corruption and Present Injustice Introduction: Past Corruption and Present Injustice
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A Settled Debate A Settled Debate
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The Global South Origins of Transitional Justice The Global South Origins of Transitional Justice
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Erasing Corruption in Transitional Justice Erasing Corruption in Transitional Justice
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Reinforcing Impunity for Corruption at the UN Reinforcing Impunity for Corruption at the UN
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The Marcos Dictatorship and Mutually Reinforcing Impunity The Marcos Dictatorship and Mutually Reinforcing Impunity
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A ‘People Power’ Revolution and Organic Transitional Justice A ‘People Power’ Revolution and Organic Transitional Justice
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Asset Recovery as Accountability and Truth-telling Asset Recovery as Accountability and Truth-telling
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The PCGG’s Work as a Lever and a Key to Reparations The PCGG’s Work as a Lever and a Key to Reparations
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The Global North and Corporate Complicity in Corruption The Global North and Corporate Complicity in Corruption
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How to ‘Never Again’ Allow Mutually Reinforcing Impunity How to ‘Never Again’ Allow Mutually Reinforcing Impunity
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References References
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11 Transitional Justice, Corruption and Mutually Reinforcing Accountability: What the Global South Can Learn from the Philippines
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Published:January 2022
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Abstract
This chapter addresses the question of how countries emerging from authoritarian rule or armed conflict can hold corrupt ex-leaders accountable, recover their ill-gotten assets, and ensure that those harmed by human rights violations and large-scale corruption can achieve justice, truth, reparations, and overcome marginalisation. The chapter traces the creation of a ‘Latin American’ transitional justice model that has emphasised prosecutions of state actors for crimes against humanity while ‘erasing’ their economic crimes. Yet examples such as Argentina’s Junta, Chile’s Pinochet, and Peru’s Fujimori, indicate that these state actors were also engaged in large-scale corruption. Neoliberal ideology and the marginalisation of Asian cases help explain erasure of economic crimes from the predominant transitional justice model. The chapter employs the Archimedes’ Lever to consider how alternative frameworks have, and could in the future, change the transitional justice orientation to include accountability for economic and social crimes. It focuses on asset recovery in the Philippines as a form of corporate accountability and truth-telling in the aftermath of Marcos’s brand of ‘crony capitalism’ and martial law. The chapter concludes by suggesting that corruption can be a lever and a key to mutually reinforcing accountability for economic and physical integrity crimes in the global south, and perhaps someday in the global north.
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