The Right to Truth in International Law
Victims' Rights in Human Rights and International Criminal Law
Human Rights and International Law Series
Authors: Klinkner Melanie, Davis HowardLanguage: Anglais
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· 15.6x23.4 cm · Hardback
The United Nations has established a ?right to truth? to be enjoyed by victims of gross violations of human rights. The origins of the right stem from the need to provide victims and relatives of the missing with a right to know what happened. It encompasses the verification and full public disclosure of the facts associated with the crimes from which they or their relatives suffered. The importance of the ?right to truth? is based on the belief that, by disclosing the truth, the suffering of victims is alleviated.
This book analyses the emergence of this right, as a response to an understanding of the needs of victims, through to its development and application in two particular legal contexts: international human rights law and international criminal justice. The book examines in detail the application of the right through the case law and jurisprudence of international tribunals in the human rights and also the criminal justice context, as well as looking at its place in transitional justice. The theoretical foundations of the right to truth are considered as well as the various objectives appropriate for different truth-seeking mechanisms. The book then goes on to discuss to what extent it can be understood, constructed and applied as a hard, legally enforceable right with correlating duties on various people and institutions including state agencies, prosecutors and judges.
Part 1: The Foundations Of A Right To Truth 1. Victims’ need for truth 2. The emergence of a right to truth Part 2: The Right to Truth in Human Rights Adjudication 3. The right to truth at the United Nations Human Rights Committee 4. The right to truth at the Inter-American Court of Human Rights 5. The right to truth at the European Court of Human Rights Part 3: The Right to Truth in an International Criminal Justice Context 6. Victims right within international criminal justice? 7. The right to truth within ad hoc international criminal tribunal 8. The right to truth at the ICC 9. The future of the right to truth
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