Transitional Justice and the Criminal Responsibility of Judges

Introduction

Jaime Couso and Florian Jeßberger

Part I Case Studies: Germany, Argentina, and Chile

1. Settling Accounts for Nazi-era Judicial Injustice (NS-Justizunrecht) before Allied and (West-)German Courts: Charting New Territories and Failed Opportunities
Florian Jeßberger and Milan Kuhli

2. Malfeasance in Office as a Crime in the Context of Dictatorships: The Example of Judicial Perversion of Justice in the East German Waldheim Trials
Kai Cornelius

3. Prosecuting State Criminality after German Unification: Judging the Judges
Gerhard Werle and Moritz Vormbaum

4. Dictatorship and Judicial Complicity: The Case of Argentina

Omar Palermo

5. Judicial Murder in Chile: Patterns, Cases, and Doctrines for Prosecuting Jurists
Jaime Couso

6. Self-Representations of the Chilean Judiciary Regarding their Responsibility in Relation to the Crimes of the Dictatorship
Daniela Accatino

Part II Judicial Immunity and the Invalidation of Judicial Decisions

7. Judicial Immunity and Its Limits: The Anglo-American Approach
Nancy Amoury Combs

8. Judicial Immunity: A South American Approach
Javier Wilenmann

9. Invalidation of Judicial Decisions in Cases of Farcical Prosecutions: A German Perspective 
Markus Abraham

10. Invalidation of ‘Judicial’ Decisions in Cases of Sham or Show Trials: An International Criminal Law Perspective
Claudia Cárdenas

11. Fraudulent Res Judicata and Impunity: A Chilean Perspective
Juan Pablo Mañalich R.

Part III Intent, Mistake of Law, and Other Issues of Imputation

12. Judicial Abuse and Mistake of Law: A Normative Approach Based on a Comparative Law Perspective
Antonio Martins

13. Defending the Indefensible: The Mistake of Law Defense Applied to the Case of Judges in Dictatorships and Rogue Regimes - A Comparative Approach
Alejandra Castillo Ara

14. Judicial Murder, Torture, and Unlawful Detention: An Overview from the Italian Legal System
Francesco Viganò

15. On the Relationship between Judicial Perversion of Justice and Judges' Participation in Crimes against Humanity
Luis E. Rojas A.

Part IV Modes of Responsibility and Criminal Association

16. Superior Responsibility and Judicial Murder: When Judges Are Not “Superior”
Héctor Hernández Basualto

17. Jurists’ Responsibility for Crimes of Dictatorships: An International Criminal Law Perspective
Elies van Sliedregt

18. Judges’ Responsibility for Participation in a Criminal Association: A Comparative and Theoretical Analysis
Fernando Londoño M.

19. Judges as Criminal Associates of Totalitarian Regimes: The Chilean Case under the Framework of International Law
Rocío Lorca

20. A Judge’s Participation in a Criminal or Terrorist Organization: From Nuremberg to Contemporary German Criminal Law
Julia Geneuss

Closing Remarks
Claudia Cárdenas and Milan Kuhli

Biography

Claudia Cárdenas is Associate Professor in the Department of Criminal Sciences at the Faculty of Law of the Universidad de Chile.

Jaime Couso is Professor in the Department of Criminal Law and Dean of the Faculty of Law at Universidad Diego Portales (Chile).

Florian Jeßberger is Professor at Humboldt- Universität zu Berlin (Germany), where he holds the Chair in Criminal Law, Criminal Procedure, International Criminal Law, and Modern Legal History.

Milan Kuhli is Professor and Vice Dean for Academic Affairs of the Faculty of Law at Universität Hamburg (Germany), where he holds the Chair in Criminal Law and Criminal Procedure, including its International and Historical Context.