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Contents
- Preliminary Material
- Acknowledgements
- Contents
- Table of Cases
- African Commission on Human and Peoples’ Rights (AComHPR)
- Belgium
- Canada
- Chile
- Committee Against Torture (CAT)
- Court of Justice of the European Union (CJEU)
- European Court of Human Rights (ECtHR)
- Extraordinary Chambers in the Courts of Cambodia (ECCC)
- France
- Guatemala
- Human Rights Chamber for Bosnia and Herzegovina (HRCBiH)
- Inter-American Court of Human Rights (IACtHR)
- International Court of Justice (ICJ)
- International Criminal Court (ICC)
- International Criminal Tribunal for Rwanda (ICTR)
- International Criminal Tribunal for the Former Yugoslavia (ICTY)
- International Military Tribunal at Nuremberg (IMT)
- Jerusalem
- Permanent Court of International Justice (PCIJ)
- Republic of Liberia
- Russia
- South Africa
- Spain
- Special Court for Sierra Leone (SCSL)
- Uganda
- UN Human Rights Committee (UNHRC)
- United Kingdom
- United States of America
- Table of Legislation
- List of Contributors
- Main Text
- Prologue
- Introduction
- Preamble
- Preliminary Material
- A Summary of Findings
- B Contextual and Historical Introduction
- I Functions and characteristics of a Preamble
- II The Report of Special Rapporteur Louis Joinet
- III The Updated Set of Principles and the evolving notion of ‘transitional justice’
- IV The campaign against impunity
- V The orientation and scope of the Principles, including the Preamble, in the broader settings of restoring peace and democracy
- C Normative and Theoretical Framework
- D The Status of the Preamble and the Principles
- E Some Concluding Remarks
- Definitions
- Part I Combating Impunity: General Obligations
- Part II The Right to Know
- A General Principles
- Principle 2 The Inalienable Right to the Truth
- Principle 3 The Duty to Preserve Memory
- Principle 4 The Victims’ Right to Know
- Principle 5 Guarantees to Give Effect to the Right to Know
- B Commissions of Inquiry
- Principle 6 The Establishment and Role of Truth Commissions
- Principle 7 Guarantees of Independence, Impartiality, and Competence
- Principle 8 Definition of a Commission’s Terms of Reference
- Principle 9 Guarantees for Persons Implicated
- Principle 10 Guarantees for Victims and Witnesses Testifying on Their Behalf
- Principle 11 Adequate Resources for Commissions
- Principle 12 Advisory Functions of the Commissions
- Principle 13 Publicizing the Commission’s Reports
- C Preservation of and Access to Archives Bearing Witness to Violations
- Principle 14 Measures for the Preservation of Archives
- Principle 15 Measures for Facilitating Access to Archives
- Principle 16 Cooperation Between Archive Departments and the Courts and Non-Judicial Commissions of Inquiry
- Principle 17 Specific Measures Relating to Archives Containing Names
- Principle 18 Specific Measures Related to the Restoration of or Transition to Democracy and/or Peace
- A General Principles
- Part III The Right to Justice
- A General Principles
- B Distribution of Jurisdiction between National, Foreign, International, and Internationalized Courts
- Principle 20 Jurisdiction of International and Internationalized Criminal Tribunals
- Principle 21 Measures for Strengthening the Effectiveness of International Legal Principles Concerning Universal and International Jurisdiction
- C Restrictions on Rules of Law Justified By Action to Combat Impunity
- Principle 22 Nature of Restrictive Measures
- Principle 23 Restrictions on Prescription
- Principle 24 Restrictions and Other Measures Relating to Amnesty
- Principle 25 Restrictions on the Right of Asylum
- Principle 26 Restrictions on Extradition/Non Bis in Idem
- Principle 27 Restrictions on Justifications Related to Due Obedience, Superior Responsibility, and Official Status
- Principle 28 Restrictions on the Effects of Legislation on Disclosure or Repentance
- Principle 29 Restrictions on the Jurisdiction of Military Courts
- Principle 30 Restrictions on the Principle of the Irremovability of Judges
- 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
- Principle 32 Reparation Procedures
- Principle 33 Publicizing Reparation Procedures
- Principle 34 Scope of the Right to Reparation
- B Guarantees of Non-Recurrence of Violations
- A The Right to Reparation
- Further Material