The right to truth, appropriate forum and the international criminal court

Pages: 3-29

DOI: 10.1007/978-3-319-09390-1_1

Abstract:

The right to truth stems from the need of victims and relatives of the missing to know the fate of their loved ones, and has since been developed to apply to the perpetration of gross human rights violations more generally. Transitional justice mechanisms are seen as a key tool in realising this right. This chapter examines the origins and current scope of the right to truth before going on to explore the State obligations which arise pursuant to the right. It includes a consideration of the various domestic and international judicial mechanisms through which the right to truth might be implemented, examining the strengths and weaknesses of each forum. The chapter goes on to explore the extent to which the International Criminal Court, with its innovative, restorative and victim–oriented features, comprises a suitable forum for future realisation of the right to truth. The chapter concludes that the flexibility inherent in the Court’s Statute indicates that there is, albeit limited, scope to work towards the right’s implementation.

Source: Scopus

The Right to Truth, Appropriate Forum and the International Criminal Court

Authors: Klinkner, M. and Smith, E.

Editors: Szablewska, N. and Bachmann, S.

Pages: 3-29

Publisher: Springer

Abstract:

The right to truth stems from the need of victims and relatives of the missing to know the fate of their loved ones, and has since been developed to apply to the perpetration of gross human rights violations more generally. Transitional justice mechanisms are seen as a key tool in realising this right. This chapter examines the origins and current scope of the right to truth before going on to explore the State obligations which arise pursuant to the right. It includes a consideration of the various domestic and international judicial mechanisms through which the right to truth might be implemented, examining the strengths and weaknesses of each forum. The chapter goes on to explore the extent to which the International Criminal Court, with its innovative, restorative and victim-oriented features, comprises a suitable forum for future realisation of the right to truth. The chapter concludes that the flexibility inherent in the Court’s Statute indicates that there is, albeit limited, scope to work towards the right’s implementation.

Source: Manual

Preferred by: Melanie Klinkner