Truth commissions and courts : the tension between criminal justice and the search for truth

Criminal justice for human rights abuses committed during periods of political repression or dictatorship is one of the great challenges to post-con?ict societies. In many cases, there has been no justice at all. Sometimes serious political concerns that e?orts at accountability might upset fragile peace settlements have militated in favour of no action and no accountability. In many cases, the outgoing tyrants have conditioned their departure upon a pledge that there be no prosecutions. But thinking on these issues has evolved considerably in recent years. Largely driven by the view that collective amnesia amounts to a violation of fundamental human rights, especially those of the victims of atrocities, attention has increasingly turned to the dynamics of post-con?ict accountability. At the high end of the range, of course, sit the new international criminal justice institutions: the ad hoc tribunals for the former Yugoslavia and Rwanda, the Special Court for Sierra Leone, the various ‘‘hybrid’’ tribunals in Kosovo, East Timor and Cambodia, and the new International Criminal Court. But in terms of sheer numbers, the most signi?cant new institutions are truth and reconciliation commissions. Of va- able architecture, depending upon the prerogatives of the society in question and the features of the past con?ict, they have emerged as a highly popular mechanism within the toolbox of transitional justice. In some cases, the truth commission is held out as an alternative to criminal justice. "In recent years, the two primary vehicles for the pursuit of post-conflict justice have been criminal prosecutions and alternative truth-seeking mechanisms. Although methods differ, the goal of accountability is fundamentally similar, yet more often than not the relationship between truth commissions and courts is viewed as one that is prone to conflict and difficulty. This volume explores the tension between the work of truth commissions and criminal courts in addressing serious human rights abuses in post-conflict situations. Drawing on country examples such as Guatemala, Sierra Leone, Peru, East Timor, Ghana and Northern Ireland, this collection of essays examines how truth commissions and courts have dealt with victims, relatives and perpetrators and how the mechanisms have interacted at a practical level. The contribution of these differing approaches to the overall aim of national reconciliation is also assessed. With the growing engagement of the international community in transitional justice and post-conflict reconstruction, Truth Commissions and Courts promises to be of enduring interest to scholars and practitioners alike." http://www.loc.gov/catdir/enhancements/fy0663/2005277938-d.html

In recent years, the two primary vehicles for the pursuit of post-conflict justice have been criminal prosecutions and alternative truth-seeking mechanisms. Although methods differ, the goal of accountability is fundamentally similar, yet more often than not the relationship between truth commissions and courts is viewed as one that is prone to conflict and difficulty. This volume explores the tension between the work of truth commissions and criminal courts in addressing serious human rights abuses in post-conflict situations. Drawing on country examples such as Guatemala, Sierra Leone, Peru, East Timor, Ghana and Northern Ireland, this collection of essays examines how truth commissions and courts have dealt with victims, relatives and perpetrators and how the mechanisms have interacted at a practical level. The contribution of these differing approaches to the overall aim of national reconciliation is also assessed. With the growing engagement of the international community in transitional justice and post-conflict reconstruction, Truth Commissions and Courts promises to be of enduring interest to scholars and practitioners alike.

Front Matter....Pages i-viii A Synergistic Relationship: The Sierra Leone Truth and Reconciliation Commission and the Special Court for Sierra Leone....Pages 3-54 The Contribution of the Peruvian Truth and Reconciliation Commission to Prosecutions....Pages 55-66 The Inter-Relationship Between the Guatemalan Commission for Historical Clarification and the Search for Justice in National Courts....Pages 67-103 The Salvadoran Truth Commission and the Search for Justice....Pages 105-124 An Overview of Ghana's National Reconciliation Commission and its Relationship with the Courts....Pages 125-134 Justice and Reconciliation in East Timor. The Relationship Between the Commission for Reception, Truth and Reconciliation and the Courts....Pages 135-158 Initial Truth Establishment by Transitional Bodies and the Fight Against Denial....Pages 159-192 Whose Truth? Objective Truth and a Challenge for History....Pages 193-198 Truth, Law and Official Denial: The Case of Bloody Sunday....Pages 199-246 Back Matter....Pages 247-272 Sierra Leone's Truth and Reconciliation Commission was a product of the Lomé Peace Agreement of 7 July 1999, a negotiated truce between the Government of Sierra Leone and the rebel Revolutionary United Front.1