The Right to Know the Truth in Transitional Justice Processes

Perspectives from International Law and European Governance

Series: 

Dr. Natasha Stamenkovikj offers a comparative analysis of the scope and application of the right to the truth as a fundamental right in public international law, and as a concept in European policies for promoting peace and transitional justice.
The book provides a systematized assessment of the conceptualisation of the right to the truth in the enlargement policy of the Council of Europe as applied towards the former Yugoslav societies. By assessing the coherence of the Council’s standardization on the right to the truth, Dr. Stamenkovikj addresses the legitimacy of the Council as an exporter of values and creator of norms.

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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

All interested in public international law, European law, human rights, transitional justice and post-conflict governance, comparative law, institutional decision making, criminal justice, and victims and victimology.