Rethinking the powers of truth commissions in light of the ICC statute

The Rome Statute of the International Criminal Court (ICC) is silent on the issue of national truth commissions. How the ICC might treat these bodies and the information they may hold is uncertain. The overlapping nature of the investigations likely to be carried out by the ICC and future truth-seeking bodies may, however, give rise to areas of tension, particularly where truth commissions hold confidential or self-incriminating information. This article questions whether the traditional truth-seeking powers to grant confidentiality and compel the provision of self-incriminating statements are compatible with the prosecutorial framework of the ICC. It considers how such information is likely to be dealt with by the ICC and analyses whether effective truth seeking can be carried out in the absence of such powers.

Truth commissions: a barrier to the provision of judicial assistance?

Truth commissions and criminal trials have come to be perceived as complementary transitional justice mechanisms. However, where effective prosecutions are dependent on the exchange of information and transfer of suspects between states under existing mutual legal assistance and extradition arrangements, the operation of a truth commission in the state of territoriality may act as an obstacle to international cooperation. At the same time, requests for assistance from a third state pursuing prosecutions may impact negatively on the truth commission process in the requested state by inhibiting those reluctant to become involved in criminal proceedings from offering testimony. This article demonstrates a practical discord between these bodies when they operate in different states and questions whether they can truly be considered “complementary”.

Processes of feelings in a society with a violent past : A qualitative study of the communication for Societal healing in the Truth Commissions in East Timor, Sri Lanka and Ghana between 2002-2011

The research investigates in what extent and how communication for meeting feelings is provided in Truth Commission work. It examines if and in what way feelings are addressed in the communication officially published by the Truth Commissions in East Timor, Ghana and Sri Lanka, occurring between 2002-2011. The research is also looking at the healing processes in a time perspective to find out if there is a communication for Societal healing to be continued in a longer term. My conclusion is that two cases of three in my research, the TRCs in Ghana and East Timor, have communication clearly directed to meet feelings caused by the war. One of the three cases (East Timor) has a communication with a clear ambition to heal over a longer period, to continue after the existence of the Truth Commission. The research suggests that communication with a clear ambition to reach out widely in the society, a communication directed to meet and process feelings over a longer period, can make Societal healing more effective. It also concludes that, in the future, Societal healing, as a field in conflict resolution, will be more based on representational media than today, provided through web communication.

Investigating truth commissions

This thesis examines the use of ad hoc national truth commissions created to address human rights violations committed by repressive regimes. To analyze truth commissions' contributions to human rights protection and democratic transitions, a framework is developed to analyze: (1) the challenges in addressing past violations; and (2) the influence of coercive forces, such as the military, on decision-making regarding these violations. A survey of nineteen commissions and close review of the specific experience in Argentina, El Salvador, and South Africa suggests that governments face daunting challenges in harnessing coercive forces, and consequently past human rights violators are often granted amnesties and pardons. While truth commissions usually signal some commitment to the principles of democratic governance, they may serve primarily to legitimate a successor government and as such may fail to represent a long-term commitment to human rights protection. ^

Restorative Justice and Political Forgiveness: A Comparative Study of Truth and Reconciliation Commissions

This research project involves a comparative, cross-national study of truth and reconciliation commissions (TRCs) in countries around the world that have used these extra-judicial institutions to pursue justice and promote national reconciliation during periods of democratic transition or following a civil conflict marked by intense violence and severe human rights abuses. An important objective of truth and reconciliation commissions involves instituting measures to address serious human rights abuses that have occurred as a result of discrimination, ethnocentrism and racism. In recent years, rather than solely utilizing traditional methods of conflict resolution and criminal prosecution, transitional governments have established truth and reconciliation commissions as part of efforts to foster psychological, social and political healing.

The primary objective of this research project is to determine why there has been a proliferation of truth and reconciliation commissions around the world in recent decades, and assess whether the perceived effectiveness of these commissions is real and substantial. In this work, using a multi-method approach that involves quantitative and qualitative analysis, I consider the institutional design and structural composition of truth and reconciliation commissions, as well as the roles that these commissions play in the democratic transformation of nations with a history of civil conflict and human rights violations.

In addition to a focus on institutional design of truth and reconciliation commissions, I use a group identity framework that is grounded in social identity theory to examine the historical background and sociopolitical context in which truth commissions have been adopted in countries around the world. This group identity framework serves as an invaluable lens through which questions related to truth and reconciliation commissions and other transitional justice mechanisms can be explored. I also present a unique theoretical framework, the reconciliatory democratization paradigm, that is especially useful for examining the complex interactions between the various political elements that directly affect the processes of democratic consolidation and reconciliation in countries in which truth and reconciliation commissions have been established. Finally, I tackle the question of whether successor regimes that institute truth and reconciliation commissions can effectively address the human rights violations that occurred in the past, and prevent the recurrence of these abuses.

Truth Recovery and Justice after Conflict: Managing Violent Pasts

Breen Smyth, M. (2007). Truth Recovery and Justice after Conflict: Managing Violent Pasts. Abingdon: Routledge. RAE2008

'Travails of Truth: Achieving Justice for Victims of Impunity in Nigeria”'

Following its transition to democracy from an authoritarian military rule marked by gross violations of human rights, Nigeria established the Human Rights Violations Investigations Commission (HRVIC) in 1999. This paper critically examines the contributions of the HRVIC, popularly known as the ‘Oputa Panel,’ to the field of transitional justice and the rule of law. It sets out the process of establishing the Commission, its mandate and how this mandate was interpreted during the course of the Commission’s work. The challenges faced by the Oputa Panel, particularly those that relate to its legal status and relationship with the judiciary, are analyzed in an attempt to draw useful guidelines from these challenges for other truth commissions. Recourse by powerful individuals to the judicial process in a bid to shield themselves from the HRVIC merits particular review as it raises questions regarding the transformation of the judiciary and the rule of law in the wake of an authoritarian regime.