The Right to Know the Truth in Transitional Justice Processes

Natasha Stamenkovikj, Ph.D (1987), Tilburg University, is a researcher in International and European law. She writes about the interaction between law and society, and the role of institutional decision-making in protecting human rights, delivering justice, and invoking good governance.

Preface

Abbreviations



Introduction



PART 1

Transitional Justice



 Introduction to Part 1



1 Transitional Justice in International Norms and Practices

 1.1 The Goals of Transitional Justice

 1.2 The Scope of the ‘transition’ Element of tj Processes

 1.3 The Scope of the ‘justice’ Element of Transitional Justice Processes

 1.4 A Summary of the Overall Scope of Contemporary Transitional Justice



2 Defining Transitional Justice



3 The Place of the Truth in Transitional Justice

 3.1 The Standing of Human Rights in Contemporary Transitional Justice

 3.2 Implications of the Right to the Truth in Contemporary Transitional Justice

 3.3 Transitional Justice Mechanisms for Guaranteeing the Right to the Truth



4 Transitional Justice in the Mandates and Policies of the Council of Europe

 4.1 The CoE as a Promotor of Peace and Post-Conflict Justice

 4.2 The Council’s Victim-Oriented Approach to Post-Conflict Justice Delivery

 4.3 Transitional Justice as a Goal within the Council’s Establishing Documents

 4.4 Finding Elements of Transitional Justice in the CoE’s Political Mandates

 4.5 Finding Elements of Transitional Justice within the Council’s Thematic Policies

 4.6 The Scope of Transitional Justice in the Council of Europe’s Policies on Post-Conflict Transition and Democracy

 4.7 Finding Elements of Transitional Justice within the CoE’s Policies on Democratization in the Former Yugoslavia



 Conclusion to Part 1



PART 2

The Right to the Truth as a Concept in International Norms and Practices



 Introduction to Part 2

5 The Development of the Right to the Truth in International Law

 5.1 The Geneva Conventions of 1949

 5.2 The Case Law of the Inter-American Commission for Human Rights and the Inter-American Court of Human Rights

 5.3 The Case Law of the European Court of Human Rights

 5.4 The Impunity Principles

 5.5 United Nations Policies and Policy Documents

 5.6 The Disappearance Convention of 2006



6 Guarantees Deriving from the Right to the Truth in International Law

 6.1 The Ratione Materiae of the Right to the Truth in International Law

 6.2 The Ratione Personae of the Right to the Truth in International Law



7 State Duties Deriving from the Right to the Truth in International Law

 7.1 The Duty to Investigate in International Law

 7.2 The Duty to Fight Impunity and to Deliver Justice in International Law

 7.3 The Duty to Preserve Memory in International Law



8 Defining a Contemporary Right to the Truth in International Law



 Conclusion to Part 2



PART 3

The right to the truth in the policies of the Council of Europe – recognition and scope



 Introduction to Part 3

9 Recognition of a Right to the Truth in the Policies of the Council of Europe

 9.1 Recognition of the Right to the Truth in CoE Policies on Truth Finding and Missing Persons

 9.2 Recognition of a Right to the Truth in CoE Policies on Post-Conflict Transition in the Former Yugoslavia in General

 9.3 Recognition of a Right to the Truth in CoE Policies on Post-Conflict Transition in Serbia

 9.4 Recognition of a Right to the Truth in CoE policies on post-conflict transition in Kosovo

 9.5 Recognition of a Right to the Truth in CoE Policies on Post-Conflict Transition in BiH



10 Scope of the Right to the Truth in the Policies of the Council of Europe

 10.1 The Ratione Personae of a Right to the Truth in the Policies of the CoE

 10.2 The Ratione Materiae of a Right to the Truth in the Policies of the CoE

 10.3 Types of the Truth That the CoE Recognizes to Derive from the Right to the Truth



 Conclusion to Part 3



PART 4

The right to the truth in the policies of the Council of Europe – state duties



 Introduction to Part 4

11 The Duty to Investigate in the Council of Europe Policies on Post-Conflict Transitions

 11.1 The Duty to Investigate in the CoE Policies on Truth Finding and Missing Persons

 11.2 The Duty to Investigate in CoE Policies on Post-Conflict Transitions and Missing Persons in the Former Yugoslavia in General

 11.3 The Duty to Investigate in the CoE Policies on the Post-Conflict Transition and Integration of Serbia

 11.4 The Duty to Investigate in the CoE Policies on the Post-Conflict Transition and Integration of Kosovo

 11.5 The Duty to Investigate in CoE Policies on the Post-Conflict Transition and Integration of BiH

 11.6 Conclusion



12 The Duty to Fight Impunity in the CoE Policies on Post-Conflict Transitions

 12.1 The Duty to Fight Impunity and to Deliver Justice in the CoE Policies on Truth Finding and Missing Persons

 12.2 The Duty to Fight Impunity and to Deliver Justice in the CoE Policies on Post-Conflict Transition and Missing Persons in the Former Yugoslavia in General

 12.3 The Duty to Fight Impunity and to Deliver Justice in the CoE Policies on the Post-Conflict Transition and Integration of Serbia

 12.4 The Duty to Fight Impunity and to Deliver Justice in CoE Policies on the Post-Conflict Transition and Integration of Bosnia and Herzegovina

 12.5 The Duty to Fight Impunity and to Deliver Justice in CoE Policies on the Post-Conflict Transition and Integration of Kosovo

 12.6 Conclusion



13 The Duty to Preserve Memory in the CoE Policies on Post-Conflict Transitions

 13.1 The Duty to Preserve Memory in the CoE Policies on Truth Finding and Missing Persons

 13.2 The Duty to Preserve Memory in CoE Policies on Reconciliation and Missing Persons in the Former Yugoslavia in General



 13.3 The Duty to Preserve Memory in CoE Policies on the Post-Conflict Transition and Integration of Serbia

 13.4 The Duty to Preserve Memory in CoE Policies on the Post-Conflict Transition and Integration of Bosnia and Herzegovina

 13.5 The Duty to Preserve Memory in CoE Policies on the Post-Conflict Transition and Integration of Kosovo

 13.6 Conclusion



PART 5

Epilogue



 Introduction to Part 5



14 Summary of Findings

 14.1 The Path from Traditional Post-Conflict Justice to One Assuming the Right to the Truth

 14.2 There Is a Place for Post-Conflict Justice within the Governing of the Council of Europe

 14.3 There Is a Place for the Right to the Truth in International Law

 14.4 There Is a Place for the Right to the Truth within the Policies of the Council of Europe



15 Specifics to the Council of Europe’s Regulating and Promoting the Right to the Truth

 15.1 The Council’s Contribution to Expanding the Scope of the Right to the Truth

 15.2 The Council’s Drawback from Applying the Broader Scope of the Right to the Truth

 15.3 The Council’s Inconsistencies in Promoting the Right to the Truth as a Conflict-Related Right



 General Conclusion and Recommendations



Bibliography

Index