Overview

Dr. Natasha Stamenkovikj offers a comparative analysis of the scope and application of the right to the truth as a fundamental right in public international law, and as a concept in European policies for promoting peace and transitional justice. The book provides a systematized assessment of the conceptualisation of the right to the truth in the enlargement policy of the Council of Europe as applied towards the former Yugoslav societies. By assessing the coherence of the Council’s standardization on the right to the truth, Dr. Stamenkovikj addresses the legitimacy of the Council as an exporter of values and creator of norms.

Full Product Details

Author:   Natasha Stamenkovikj
Publisher:   Brill
Imprint:   Martinus Nijhoff
Volume:   17
Weight:   0.814kg
ISBN:  

9789004439467

ISBN 10:   9004439463
Pages:   404
Publication Date:   02 December 2021
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Available To Order  
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Table of Contents

Preface Abbreviations Introduction PART 1 Transitional Justice  Introduction to Part 1 1 Transitional Justice in International Norms and Practices  1.1 The Goals of Transitional Justice  1.2 The Scope of the ‘transition’ Element of tj Processes  1.3 The Scope of the ‘justice’ Element of Transitional Justice Processes  1.4 A Summary of the Overall Scope of Contemporary Transitional Justice 2 Defining Transitional Justice 3 The Place of the Truth in Transitional Justice  3.1 The Standing of Human Rights in Contemporary Transitional Justice  3.2 Implications of the Right to the Truth in Contemporary Transitional Justice  3.3 Transitional Justice Mechanisms for Guaranteeing the Right to the Truth 4 Transitional Justice in the Mandates and Policies of the Council of Europe  4.1 The CoE as a Promotor of Peace and Post-Conflict Justice  4.2 The Council’s Victim-Oriented Approach to Post-Conflict Justice Delivery  4.3 Transitional Justice as a Goal within the Council’s Establishing Documents  4.4 Finding Elements of Transitional Justice in the CoE’s Political Mandates  4.5 Finding Elements of Transitional Justice within the Council’s Thematic Policies  4.6 The Scope of Transitional Justice in the Council of Europe’s Policies on Post-Conflict Transition and Democracy  4.7 Finding Elements of Transitional Justice within the CoE’s Policies on Democratization in the Former Yugoslavia  Conclusion to Part 1 PART 2 The Right to the Truth as a Concept in International Norms and Practices  Introduction to Part 2 5 The Development of the Right to the Truth in International Law  5.1 The Geneva Conventions of 1949  5.2 The Case Law of the Inter-American Commission for Human Rights and the Inter-American Court of Human Rights  5.3 The Case Law of the European Court of Human Rights  5.4 The Impunity Principles  5.5 United Nations Policies and Policy Documents  5.6 The Disappearance Convention of 2006 6 Guarantees Deriving from the Right to the Truth in International Law  6.1 The Ratione Materiae of the Right to the Truth in International Law  6.2 The Ratione Personae of the Right to the Truth in International Law 7 State Duties Deriving from the Right to the Truth in International Law  7.1 The Duty to Investigate in International Law  7.2 The Duty to Fight Impunity and to Deliver Justice in International Law  7.3 The Duty to Preserve Memory in International Law 8 Defining a Contemporary Right to the Truth in International Law  Conclusion to Part 2 PART 3 The right to the truth in the policies of the Council of Europe – recognition and scope  Introduction to Part 3 9 Recognition of a Right to the Truth in the Policies of the Council of Europe  9.1 Recognition of the Right to the Truth in CoE Policies on Truth Finding and Missing Persons  9.2 Recognition of a Right to the Truth in CoE Policies on Post-Conflict Transition in the Former Yugoslavia in General  9.3 Recognition of a Right to the Truth in CoE Policies on Post-Conflict Transition in Serbia  9.4 Recognition of a Right to the Truth in CoE policies on post-conflict transition in Kosovo  9.5 Recognition of a Right to the Truth in CoE Policies on Post-Conflict Transition in BiH 10 Scope of the Right to the Truth in the Policies of the Council of Europe  10.1 The Ratione Personae of a Right to the Truth in the Policies of the CoE  10.2 The Ratione Materiae of a Right to the Truth in the Policies of the CoE  10.3 Types of the Truth That the CoE Recognizes to Derive from the Right to the Truth  Conclusion to Part 3 PART 4 The right to the truth in the policies of the Council of Europe – state duties  Introduction to Part 4 11 The Duty to Investigate in the Council of Europe Policies on Post-Conflict Transitions  11.1 The Duty to Investigate in the CoE Policies on Truth Finding and Missing Persons  11.2 The Duty to Investigate in CoE Policies on Post-Conflict Transitions and Missing Persons in the Former Yugoslavia in General  11.3 The Duty to Investigate in the CoE Policies on the Post-Conflict Transition and Integration of Serbia  11.4 The Duty to Investigate in the CoE Policies on the Post-Conflict Transition and Integration of Kosovo  11.5 The Duty to Investigate in CoE Policies on the Post-Conflict Transition and Integration of BiH  11.6 Conclusion 12 The Duty to Fight Impunity in the CoE Policies on Post-Conflict Transitions  12.1 The Duty to Fight Impunity and to Deliver Justice in the CoE Policies on Truth Finding and Missing Persons  12.2 The Duty to Fight Impunity and to Deliver Justice in the CoE Policies on Post-Conflict Transition and Missing Persons in the Former Yugoslavia in General  12.3 The Duty to Fight Impunity and to Deliver Justice in the CoE Policies on the Post-Conflict Transition and Integration of Serbia  12.4 The Duty to Fight Impunity and to Deliver Justice in CoE Policies on the Post-Conflict Transition and Integration of Bosnia and Herzegovina  12.5 The Duty to Fight Impunity and to Deliver Justice in CoE Policies on the Post-Conflict Transition and Integration of Kosovo  12.6 Conclusion 13 The Duty to Preserve Memory in the CoE Policies on Post-Conflict Transitions  13.1 The Duty to Preserve Memory in the CoE Policies on Truth Finding and Missing Persons  13.2 The Duty to Preserve Memory in CoE Policies on Reconciliation and Missing Persons in the Former Yugoslavia in General  13.3 The Duty to Preserve Memory in CoE Policies on the Post-Conflict Transition and Integration of Serbia  13.4 The Duty to Preserve Memory in CoE Policies on the Post-Conflict Transition and Integration of Bosnia and Herzegovina  13.5 The Duty to Preserve Memory in CoE Policies on the Post-Conflict Transition and Integration of Kosovo  13.6 Conclusion PART 5 Epilogue  Introduction to Part 5 14 Summary of Findings  14.1 The Path from Traditional Post-Conflict Justice to One Assuming the Right to the Truth  14.2 There Is a Place for Post-Conflict Justice within the Governing of the Council of Europe  14.3 There Is a Place for the Right to the Truth in International Law  14.4 There Is a Place for the Right to the Truth within the Policies of the Council of Europe 15 Specifics to the Council of Europe’s Regulating and Promoting the Right to the Truth  15.1 The Council’s Contribution to Expanding the Scope of the Right to the Truth  15.2 The Council’s Drawback from Applying the Broader Scope of the Right to the Truth  15.3 The Council’s Inconsistencies in Promoting the Right to the Truth as a Conflict-Related Right  General Conclusion and Recommendations Bibliography Index

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Author Information

Natasha Stamenkovikj, Ph.D (1987), Tilburg University, is a researcher in International and European law. She writes about the interaction between law and society, and the role of institutional decision-making in protecting human rights, delivering justice, and invoking good governance.

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