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Theo van Boven

From: The United Nations Principles to Combat Impunity: A Commentary

Edited By: Frank Haldemann, Thomas Unger

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 16 July 2024

Access to justice — Democracy — Immunity from jurisdiction — Reparations

The Preamble of the Principles is based on the premise that the Principles will provide guidance to States and other entities in developing effective measures for combating impunity. A leading normative component of the Preamble is the trilogy of the core rights to know, to justice and to reparation, including guarantees of non-recurrence. This chapter first describes the functions and characteristics of a Preamble and provides an overview of the report of Special Rapporteur Louis Joinet before discussing the Updated Set of Principles and the evolving notion of ‘transitional justice’; the campaign against impunity; and the orientation and scope of the Principles, including the Preamble, in the broader settings of restoring peace and democracy. Issues concerning broad participatory involvement of victims, human rights defenders and other sectors of civil society are also considered.

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