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The United Nations Principles to Combat Impunity: A Commentary

The United Nations Principles to Combat Impunity: A Commentary

Author: Thomas Unger; Frank Haldemann
Publisher: Oxford University Press
ISBN: 9780198743606
Published In: March 2018
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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The fight against impunity has become a growing concern of the international community. Updated in 2005, the UN Set of Principles for the Protection and Promotion of Human Rights Through Action to Combat Impunity is the fruit of several years of study, developed under the aegis of the UN Commission on Human Rights and then affirmed by the Human Rights Council.

These Principles are today widely accepted as constituting an authoritative reference point for efforts in the fight against impunity for gross human rights abuses and serious violations of international humanitarian law. As a comprehensive attempt to codify universal accountability norms, the UN Set of Principles marks a significant step forward in the debate on the obligation of states to combat impunity in its various forms. Bringing together leading experts in the field, this volume provides comprehensive academic commentary of the 38 principles.

The book is a perfect companion to the document, setting out the text of the Principles alongside detailed analysis, as well as a full introduction and a guide to the relevant literature and case law. The commentary advances debates and clarifies complex legal issues, making it an essential resource for legal academics, students, and practitioners working in fields such as human rights, international criminal law, and transitional justice.

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