Criminal Law

Truth Commissions and Criminal Courts

By Alison Bisset
Cambridge University Press April 2012

Specifications

ISBN-13
9781107008038
Publisher
Cambridge University Press
Publication
April 2012
Format
Hardback , 232 pages
Jurisdiction
International ? Countri(es) for reference only

Details

This detailed evaluation of the relationship between trials and truth commissions challenges their assumed compatibility through an analysis of their operational features at national, inter-state and international levels. Alison Bisset conducts case-study analyses of national practice in South Africa, East Timor and Sierra Leone, evaluates the problems posed by the International Criminal Court and considers the challenges presented by the possibility of bystander state prosecutions. At each level, she highlights potential operational conflicts and formulates targeted proposals to enable effective coexistence.

• Analysis of operational features means the evaluation is grounded in practice as opposed to accepted but, largely untested, theory

'• Proposals for reform will appeal to those interested in the operational challenges of coordinating multiple transitional justice mechanisms

• Takes into account the challenges posed by the ICC regime

Table of Contents

Acknowledgements
viii
Table of cases
ix
List of abbreviations
xv
Introduction
1
1       Truth commissions and trials within the transitional justice framework
9
1       Introduction
9
2       Truth commissions and trials as mechanisms of transitional justice
10
3       Truth commissions, trials and the rights to truth and justice
13
4       The purpose of trials in responding to past human rights violations
19
5       The role of truth commissions in responding to past human rights violations
26
6       The strengths and weaknesses of truth commissions and trials
33
7       Conclusion
42
2       Truth commissions and international jurisdiction to prosecute
44
1       Introduction
44
2       International law obligations to prosecute and the overlap with truth commission mandates
45
3       The jurisdiction of the ICC and its overlap with truth commission mandates
58
4       Possibilities for coordination: sequencing work, dividing labour?
69
5       Conclusion
71
3       Coordinating truth commissions and criminal courts at the national level
74
1       The absence of a common approach
74
2       South Africa’s truth for amnesty model
76
3       Prioritising prosecution in East Timor
85
4       Sierra Leone: an uncoordinated approach
90
5       Lessons from past practice
99
6       Conclusion
102
4       Coordinating truth commissions and ICC operations
104
1       Introduction
104
2       The status of truth commissions under the ICC Statute
106
3       Truth commissions and the obligations to cooperate and provide assistance to the ICC
112
4       The status of confidential information
118
5       The status of self-incriminating evidence
129
6       Access to detainees
134
7       Charting a way forward
137
8 Conclusion
143
5       Truth commissions and prosecutions in bystander states
146
1       Introduction
146
2       Bystander state prosecutions and the expansion of jurisdiction
147
3       Mutual legal assistance, truth commissions and areas of potential conflict
152
4       Truth commissions and extradition
172
5       Judicial cooperation, truth commissions and the principle of ne bis in idem
178
6       Coordinating truth commissions and bystander state prosecutions
183
7       Conclusion
186
6       Conclusion: coordinating truth commissions and trials in the ICC era
187
1       Truth commissions and trials: complementary or incompatible initiatives?
187
2       Truth commissions and national level trials: coordination in a broad framework
189
3       Truth commissions and the ICC: coordination through policy development
191
4       Truth commissions and bystander state prosecutions: coordination through cooperation regime development
195
5       Final remarks
198
Index
200

About the Author

Alison Bisset
University of Reading

Out of stock
This title is currently unavailable for purchase.
  • Free HK shipping over HK$1,000
  • International shipping to 35+ countries

Recommended

You may also be interested in these books:

More titles from Criminal Law

View all