The United Nations Principles to Combat Impunity: A Commentary

Edited by Frank Haldemann and Thomas Unger

Oxford Commentaries on International Law

Provides an unmatched principle-by-principle analysis of the UN Set of Principles for the Protection and Promotion of Human Rights Through Action to Combat Impunity
Examines the genesis, normative background, interpretation and practical application of each of the 38 Principles
Analyses the impact of the Principles in contemporary transitional contexts and policy environments
Written by a team of leading scholars and practitioners

The United Nations Principles to Combat Impunity: A Commentary

Edited by Frank Haldemann and Thomas Unger

Oxford Commentaries on International Law

Description

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.

The United Nations Principles to Combat Impunity: A Commentary

Edited by Frank Haldemann and Thomas Unger

Oxford Commentaries on International Law

Prologue, D. Orentlicher
Introduction, F. Haldemann, T. Unger
I.
Preamble, T. van Boven
II. Definitions, S. KrÃhenmann
III.
Combating Imputiny: General ObligationPrinciple 1: General Obligations of States to Take Effective Action to Combat Impunity, N. Roht-Arriaza
IV.
The Right to Know
A. General Principles
Principle 2: The inalienable right to the truth, D. Groome
Principle 3: The duty to preserve memory, J. Viebach
Principle 5: Guarantees to give effect to the right to know, T. Unger
B. Commissions of Inquiry
Principle 6: The establishment and role of truth commissions, M. Freeman and I. Nuzov
Principle 7: Guarantees of independence, impartiality and competence, M. Freeman and I. Nuzov
Principle 8: Definition of a commissionâs 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. Varney
Principle 12: Advisory functions of the commissions, H. Varney and I. Robinson
C. Preservation of and Access to Archives Bearing Witness to Violations
Principle 14: Measures for the preservation of archives, V. Cadelo and T. Peterson
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, V. Cadelo and T. Peterson
Principle 18: Specific measures related to the restoration of or transition to democracy and/or peace, J. D. Ciorciari
V. The Right to Justice
A. General Principles
Principle 19: Duties of States with regard to the administration of justice, K. Ambos
B. Distribution of Jurisdiction Between National, Foreign, International and Internationalized Courts
Principle 20: Jurisdiction of international and internationalized criminal tribunals, W. Schabas
Principle 21: Measures for strengthening the effectiveness of international legal Principles concerning universal and international jurisdiction, P. Gaeta
C. Restrictions on Rules of Law Justified by Action to Combat Impunity
Principle 22: Nature of restrictive measures, G. Pinzauti
Principle 23: Restrictions on prescription, G. Pinzauti
Principle 24: Restrictions and other measures relating to amnesty, I. Siatitsa and 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
VI.
The Right to Reparation/Guarantees of Non-Recurrence A. The Right to Reparation
Principle 31: Rights and duties arising out of the obligation to make reparation, F. Haldemann
Principle 32: Reparation procedures, P. dâArgent and I. de Ghellinck
Principle 33: Publicizing reparation procedures, L. J. Laplante
Principle 34: Scope of the right to reparation, L. S. Grosman
B.
Guarantees of non-recurrence of violations
Principle 35: General Principles, R. Duthie and A. Mayer-Rieckh
Principle 36: Reform of State institutions, R. Duthie and A. Mayer-Rieckh
Principle 37: Disbandment of parastatal armed forces/demobilization and social reintegration of children, R. Duthie and A. Mayer-Rieckh
Principle 38: Reform of laws and institutions contributing to impunity, R. Duthie and A. Mayer-Riekh

The United Nations Principles to Combat Impunity: A Commentary

Edited by Frank Haldemann and Thomas Unger

Oxford Commentaries on International Law

Author Information

Edited by Frank Haldemann, Assistant Professor of Law, University of Geneva, and Thomas Unger, Researcher, Geneva Academy of International Humanitarian Law and Human Rights

Frank Haldemann is the Co-Director of the Master of Advanced Studies in Transitional Justice, Human Rights and the Rule of Law at the Geneva Academy of International Humanitarian Law and Human Rights. Since 2010 he has been teaching Transitional Justice within the Geneva Academys various programmes. From June 2011 to July 2017, he was Assistant Professor at the Law Faculty, University of Geneva. In 2011 he was awarded a Swiss National Science Foundation Professorship, enabling him to direct a five-year research project on Historical Injustices, Reparations and International Law.

Thomas Unger is a researcher on transitional justice at the Geneva Academy and Co-Director of the Master of Advanced Studies in Transitional Justice, Human Rights and the Rule of Law. He is the former Senior Adviser to the UN Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence.

Contributors:

Professor Kai Ambos, Georg August Universität Göttingen

Dr Alison Bisset, University of Reading

Valentina Cadelo, Geneva Academy of International Humanitarian Law and Human Rights

Professor John D. Ciorciari, University of Michigan

Professor Pierre dArgent, University of Louvain

Isabelle de Ghellinck, Université Catholique de Louvain

Dr Max du Plessis, University of KwaZulu-Natal

Roger Duthie, International Center for Transitional Justice

Mark Freeman, Institute for Integrated Transitions

Professor Paola Gaeta, University Luigi Bocconi

Christopher Gosnell, International Criminal Tribunal for the Former Yugoslavia

Professor Dermot Groome, The Pennsylvania State University

Lucas S. Grosman, Universidad de San Andrés

Professor Frank Haldemann, Geneva Academy of International Humanitarian Law and Human Rights

Professor Colin Harvey, Queen's University Belfast

Catherine Harwood, Leiden University

Dr Sandra Krähenmann, Geneva Academy of International Humanitarian Law and Human Rights

Professor Lisa J. Laplante, Center for International Law and Policy

Professor Fionnuala Ní Aoláin, University of Minnesota

Dr Alexander Mayer-Rieckh, Independent Expert

Ilya Nuzov, Geneva Academy of International Humanitarian Law and Human Rights

Professor Diane Orentlicher, American University Trudy Huskamp Peterson, Certified Archivist

Professor Giulia Pinzauti, Leiden University

Isabel Robinson, Independent Lawyer Professor Naomi Roht-Arriaza, University of California

Professor Robert Roth, Geneva Academy of International Humanitarian Law and Human Rights

Professor William Schabas, Leiden University

Ilia Siatitsa, Geneva Academy of International Humanitarian Law and Human Rights

Professor Carsten Stahn, Leiden University

Thomas Unger, Geneva Academy of International Humanitarian Law and Human Rights

Professor Theo van Boven, University of Maastricht

Howard Varney, International Center for Transitional Justice

Dr Julia Viebach, University of Oxford

Marieke Wierda, Leiden University

The United Nations Principles to Combat Impunity: A Commentary

Edited by Frank Haldemann and Thomas Unger

Oxford Commentaries on International Law

Reviews and Awards

"The United Nations Principles to Combat Impunity is a comprehensive legal tool for both legal practitioners and students alike, offering the first full critical reflection of the subject. The book brings together all areas that aim to combat impunity, discussing transitional justice mechanisms, victims' rights and participation, and 'traditional' formal criminal justice instruments. Finally, the work is not afraid to offer criticisms of the principles in their current form and offers practical recommendations for improvement to the principles, positioning itself as a significant academic authority to the discussion of combating impunity in international law." - Shona Patience, International Criminal Law Review