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International Review of the Red Cross, 2006, No. 862 – Truth and reconciliation commissions

Penal prosecution was seen as antagonistic to reconciliation strategies, but the “justice versus peace” problem is now seen as a simplification of the debate. Reconciliation is increasingly understood as an umbrella-term for an overall process which includes the search for truth, justice and forgiveness. This issue concentrates on the problems raised by Truth and Reconciliation Commissions and provides an overview of the ones established, their successes and their failures.

Issue No. 862 - 2006

Theme: Truth and reconciliation commissions

Editorial - IRRC June 2006 No 862
Interview with Salomón Lerner
President of the Truth and Reconciliation Commission of Peru from 2001 to 2003.
The right to the truth in international law: fact or fiction?
Yasmin Naqvi
This article unpacks the notion of the right to the truth and tests the normative strength of the concept against the practice of states and international bodies. It also considers some of the practical implications of turning “truth” into a legal right, particularly from the criminal law perspective.
Provoking the dragon on the patio - Matters of transitional justice: penal repression vs. amnesties
Laura M. Olson
This article seeks to address some of the various matters related to transitional justice and focuses on whether penal repression for violations of international humanitarian law and international human rights law must be insisted upon in all situations, or if there are cases where other action, in particular amnesties, would be more appropriate to ensure national reconciliation or the peaceful development of a country.
Truth commissions: a schematic overview
Priscilla B. Hayner
The purpose of this schematic overview is to study the variety and to sketch out the differences and similarities between the different truth commissions established since the Truth and Reconciliation Commission of South Africa launched in 1995.
Dealing with the past and transitional justice: building peace through acccountability
Yasmin Sooka
The author formulates guiding principles and looks at the circumstances in which a truth and reconciliation commission constitutes an appropriate instrument to deal with transitional justice issues. The author also identifies possible contributions that truth and reconciliation commissions can make during a period of transition.
Reflections on international humanitarian law and transitional justice: lessons to be learnt from the Latin American experience
Elizabeth Salmón G.
This article seeks to determine the influence of international humanitarian law on the transitional justice process. The author examines the specific experience of certain Latin American states that have been deeply affected by serious violations of human rights and international humanitarian law.
The missing and transitional justice: the right to know and the fight against impunity
Monique Crettol, Anne-Marie La Rosa
The authors look at the ways in which transitional justice mechanisms may support the right of families to know the fate of their relatives, and how work to resolve the missing persons issue can be reconciled with an effective fight against impunity.
Cooperation between truth commissions and the International Committee of the Red Cross
Laura M. Olson, Toni Pfanner
The author explains some criteria determining the appropriate degree of cooperation and shows some forms it can take. He finally discusses the ICRC’s policy vis-à-vis the amnesty provisions of truth and reconciliation commissions, which often preclude the prosecution of persons involved in offences committed during periods of violence.
The principles of universal jurisdiction and complementarity: how do the two principles intermesh?
Xavier Philippe
This article addresses the relationships between the principles of universal jurisdiction and complementarity and their difficulties of implementation.
The Iraqi High Criminal Court: controversy and contributions
Michael A. Newton
This article explores in detail the legal basis for the formation of the High Criminal Court under the law of occupation. It addresses the relationship between the Iraqi model of prosecuting crimes in domestic fora incorporating international law and the alternative model of transferring jurisdiction to an international forum.
Future themes for the International Review of the Red Cross: September 2006 - September 2007
The aim of the International Review of the Red Cross is to promote reflection on humanitarian law, policy and action in armed conflict and other situations of collective armed violence.
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International Review of the Red Cross, 2006, No. 862 – Truth and reconciliation commissions

Issue No. 862 - 2006

Theme: Truth and reconciliation commissions

Table of contents