The United Nations Principles to Combat Impunity: A Commentary

by Haldemann, Frank; Unger, Thomas

• ISBN13: 9780191803253
• ISBN10: 0191803251
• Format: eBook
• Copyright: 2018-05-08
• Publisher: Oxford University Press

Author Biography

Frank Haldemann, Assistant Professor of Law, University of Geneva, Thomas Unger, Researcher, Geneva Academy of International Humanitarian Law and Human Rights

Frank Haldemann is the Co-Director of the Master of Advanced Studies in Transitional Justice, Human Rights and the Rule of Law at the Geneva Academy of International Humanitarian Law and Human Rights. Since 2010 he has been teaching Transitional Justice within the Geneva Academy's various programmes. From June 2011 to July 2017, he was Assistant Professor at the Law Faculty, University of Geneva. In 2011 he was awarded a Swiss National Science Foundation Professorship, enabling him to direct a five-year research project on "Historical Injustices, Reparations and International Law". In 2014 and 2015 he directed the Antonio Cassese Summer School in Transitional Justice, Human Rights and Conflict hosted by the Geneva Academy. Prior to joining the Geneva Academy, Frank Haldemann was a post-doctoral fellow at the New York University School of Law, the University of Leiden and the University of Pretoria. He also worked as a legal researcher with the Independent Commission of Experts Switzerland - Second World War (the 'Bergier Commission') and was a visiting professor at the University of Leiden, Universit? degli Studi di Sassari, Libera Universit? Maria Ss. Assunta di Roma and Universit? Catholique de Louvain. Frank Haldemann holds a degree in Law from the University of Fribourg, an LLM from the London School of Economics and Political Science and a doctorate in Law from the University of Zurich.

Thomas Unger is a researcher on transitional justice at the Geneva Academy and Co-Director of the Master of Advanced Studies in Transitional Justice, Human Rights and the Rule of Law. He is the former Senior Adviser to the UN Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence.

With more than 15 years of expertise in the field of transitional justice, he was previously a legal adviser on human rights and international humanitarian law to the Austrian Foreign Ministry, and a senior associate of the International Center for Transitional Justice (ICTJ). He also worked as a legal system monitor with the OSCE Mission in Kosovo, and as a legal clerk with the Office of the Prosecutor of the International Criminal Tribunal for the former Yugoslavia (ICTY).

Thomas Unger holds a degree in Law from the University of Vienna, an LLM in International Legal Studies from New York University School of Law and a Master's in Human Rights and Democratization from the European Inter-University Centre for Human Rights and Democratization (Venice).

Table of Contents

Introduction F. Haldemann, and T. Unger
Preamble, T. van Boven
Definitions, F. Haldemann, and T. Unger
I. Combating impunity: general obligations
Principle 1: General obligations of States to take effective action to combat impunity, N. Roht-Arriaza
II. The right to know
Principle 2: The inalienable right to the truth, D. Groome
Principle 3: The duty to preserve memory, L. Filippini
Principle 4: The victims' right to know, D. Groome
Principle 5: Guarantees to give effect to the right to know, T. Unger
Principle 6: The establishment and role of truth commissions, M. Freeman
Principle 7: Guarantees of independence, impartiality, and competence, M. Freeman
Principle 8: Definition of a commission's terms of reference, A. Bisset
Principle 9: Guarantees for persons implicated, A. Bisset
Principle 10: Guarantees for victims and witnesses testifying on their behalf, A. Bisset
Principle 11: Adequate resources for commissions, H. Vamey
Principle 12: Advisory functions of the commissions, H. Vamey
Principle 13: Publicizing the commission's reports, C. Jenkins
Principle 14: Measures for the preservation of archives, T. Petersen
Principle 15: Measures for facilitating access to archives, T. Petersen
Principle 16: Cooperation between archive departments and the courts and non-judicial commissions of inquiry, J.D. Ciorciari
Principle 17: Specific measures relating to archives containing names, T. Petersen
Principle 18: Specific measures related to the restoration of or transition to democracy and/or peace, J.D. Ciorciari
III. The right to justice
Principle 19: Duties of States with regard to the administration of justice, A. Seibert-Fohr
Principle 20: Jurisdiction of international and internationalized criminal tribunals, W.A. Schabas
Principle 21: Measures for strengthening the effectiveness of international legal principles concerning universal and international jurisdiction, P. Gaeta
Principle 22: Nature of restrictive measures, G. Sluiter
Principle 23: Restrictions on prescription, G. Sluiter
Principle 24: Restrictions and other measures relating to amnesty, M. Wierda
Principle 25: Restrictions on the right of asylum, C. Harvey
Principle 26. Restrictions on extradition/non bis in idem, R. Roth
Principle 27. Restrictions on justifications related to due obedience, superior responsibility, and official status, M. du Plessis
Principle 28: Restrictions on the effects of legislation on disclosure or repentance, C. Gosnell
Principle 29: Restrictions on the jurisdiction of military courts, F. Ni Aolain
Principle 30: Restrictions on the principle of the irremovability of judges, C. Gosnell
IV. The right to reparation/guarantees of non-recurrence
Principle 31: Rights and duties arising out of the obligation to make reparation, F. Haldemann
Principle 32. Reparation procedures, P. d'Argent
Principle 33: Publicizing reparation procedures, L.J. Laplante
Principle 34: Scope of the right to reparation, L.S. Grosman
Principle 35: General principles, S. Parmentier
Principle 36: Reform of State institutions, R. Duthie
Principle 37: Disbandment of parastatal armed forces/demobilization and social reintegration of children, R. Duthie
Principle 38: Reform of laws and institutions contributing to impunity, R. Duthie
Conclusion F. Haldemann, and T. Unger