9780198743606 (hardback) 0198743602 (hardback)
Oxford commentaries on international law. (NL-LeOCL)291096832.
The fight against impunity has become a growing concern of the international community. Updated in 2005, the UN Set of Principles for the Protection and Promotion of Human Rights Through Action to Combat Impunity is the fruit of several years of study, developed under the aegis of the UN Commission on Human Rights and then affirmed by the Human Rights Council. These Principles are today widely accepted as constituting an authoritative reference point for efforts in the fight against impunity for gross human rights abuses and serious violations of international humanitarian law. As a comprehensive attempt to codify universal accountability norms, the UN Set of Principles marks a significant step forward in the debate on the obligation of states to combat impunity in its various forms. Bringing together leading experts in the field, this volume provides comprehensive academic commentary of the 38 principles. The book is a perfect companion to the document, setting out the text of the Principles alongside detailed analysis, as well as a full introduction and a guide to the relevant literature and case law.-- Publisher's website.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
Prologue / Diane Orentlicher Introduction / Frank Haldemann and Thomas Unger Preamble / Theo van Boven Definitions / Sandra Krähenmann . Part I. Combating Imputiny: General Obligation. Principle 1: General Obligations of States to Take Effective Action to Combat Impunity / Naomi Roht-Arriaza Part II. The Right to Know. A. General Principles. Principle 2: The inalienable right to the truth / Dermot Groome Principle 3: The duty to preserve memory / Julia Viebach Principle 4: The victims' rights to know / Dermot Groome Principle 5: Guarantees to give effect to the right to know / Thomas Unger B. Commissions of Inquiry. Principle 6: The establishment and role of truth commissions / Ilya Nuzov and Mark Freeman Principle 7: Guarantees of independence, impartiality and competence / Ilya Nuzov and Mark Freeman Principle 8: Definition of a commission's terms of reference / Alison Bisset Principle 9: Guarantees for persons implicated / Alison Bisset Principle 10: Guarantees for victims and witnesses testifying on their behalf / Alison Bisset Principle 11: Adequate resources for commissions / Howard Varney Principle 12: Advisory functions of the commissions / Isabel Robinson and Howard Varney Principle 13: Publicizing the commision's reports / Catherine Harwood and Carsten Stahn C. Preservation of and Access to Archives Bearing Witness to Violations. Principle 14: Measures for the preservation of archives / Valentina Cadelo and Trudy Huskamp Peterson Principle 15: Measures for facilitating access to archives / Valentina Cadelo and Trudy Huskamp Peterson Principle 16: Cooperation between archive departments and the courts and non-judicial commissions of inquiry / John D. Ciorciari Principle 17: Specific measures relating to archives containing names / Valentina Cadelo and Trudy Huskamp Peterson Principle 18: Specific measures related to the restoration of or transition to democracy and/or peace / John D. Ciorciari Part III. The Right to Justice. A. General Principles. Principle 19: Duties of States with regard to the administration of justice / Kai Ambos B. Distribution of Jurisdiction Between National, Foreign, International and Internationalized Courts. Principle 20: Jurisdiction of international and internationalized criminal tribunals / William A. Schabas Principle 21: Measures for strengthening the effectiveness of international legal Principles concerning universal and international jurisdiction / Paola Gaeta C. Restrictions on Rules of Law Justified by Action to Combat Impunity. Principle 22: Nature of restrictive measures / Giulia Pinzauti Principle 23: Restrictions on prescription / Giulia Pinzauti Principle 24: Restrictions and other measures relating to amnesty / Ilia Maria Siatitsa and Marieke Wierda Principle 25: Restrictions on the right of asylum / Colin Harvey Principle 26: Restrictions on extradition/non bis in idem / Robert Roth Principle 27: Restrictions on justifications related to due obedience, superior responsibility, and official status / Max du Plessis Principle 28: Restrictions on the effects of legislation on disclosure or repentance / Christopher Gosnell Principle 29: Restrictions on the jurisdiction of military courts / Fionnuala Ní Aoláin Principle 30: Restrictions on the Principle of the irremovability of judges / Christopher Gosnell Part IV. The Right to Reparation/Guarantees of Non-Recurrence. A. The Right to Reparation. Principle 31: Rights and duties arising out of the obligation to make reparation / Frank Haldemann Principle 32: Reparation procedures /Pierre d'Argent and Isabelle de Ghellinck Principle 33: Publicizing reparation procedures / Lisa J. Laplante Principle 34: Scope of the right to reparation / Lucas S. Grosman B. Guarantees of non-recurrence of violations. Principle 35: General Principles / Alexander Mayer-Rieckh and Roger Duthie Principle 36: Reform of State institutions / Alexander Mayer-Rieckh and Roger Duthie Principle 37: Disbandment of parastatal armed forces/demobilization and social reintegration of children / Roger Duthie and Alexander Mayer-Rieckh Principle 38: Reform of laws and institutions contributing to impunity / Roger Duthie and Alexander Mayer-Riekh.