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The United Nations Principles to Combat Impunity: A Commentary edited by Haldemann, Frank; Unger, Thomas (22nd March 2018)

Part II The Right to Know, B Commissions of Inquiry, Principle 12 Advisory Functions of the Commissions

Isabel Robinson, Howard Varney

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, 2015. All Rights Reserved.date: 05 December 2019

Subject(s):
Right to truth — Immunity from jurisdiction — Truth and Reconciliation Commissions

Principle 12 deals with the advisory functions of truth commissions. The advisory function of truth commissions is one of the most concrete ways that they can achieve their goals of helping rebuild society and prevent further violence. Such function is an essential dimension of the forward-looking dimension of truth-telling and truth-seeking processes. In particular, it enables truth commissions to pay attention to the experiences and role of women in transitioning societies, as well as to intersect with others measures aimed at combating impunity, including reparations and criminal prosecutions. This chapter first provides a contextual and historical background on Principle 12 before discussing its theoretical framework and how the recommendations of truth commissions have been implemented. It also highlights some of the key challenges involved in the implementation of a commission’s recommendations, noting that the failure to implement recommendations is often the result of a lack of political will.

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