
The United Nations Principles to Combat Impunity: A Commentary
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Content
- Prologue
- Introduction
- I.
- Preamble
- II. Definitions
- III.
- Combating Imputiny: General Obligation
- IV.
- The Right to Know
- A. General Principles
- Principle 2: The inalienable right to the truth
- Principle 3: The duty to preserve memoryPrinciple 4: The victimsâ right to know
- Principle 5: Guarantees to give effect to the right to know
- B. Commissions of Inquiry
- Principle 6: The establishment and role of truth commissions
- Principle 7: Guarantees of independence, impartiality and competence
- Principle 8: Definition of a commissionâs terms of reference
- Principle 9: Guarantees for persons implicated
- Principle 10: Guarantees for victims and witnesses testifying on their behalf
- Principle 11: Adequate resources for commissions
- Principle 12: Advisory functions of the commissionsPrinciple 13: Publicizing the commissionâs reports
- C. Preservation of and Access to Archives Bearing Witness to Violations
- Principle 14: Measures for the preservation of archivesPrinciple 15: Measures for facilitating access to archives
- Principle 16: Cooperation between archive departments and the courts and non-judicial commissions of inquiry
- Principle 17: Specific measures relating to archives containing names
- Principle 18: Specific measures related to the restoration of or transition to democracy and/or peace
- V. The Right to Justice
- A. General Principles
- Principle 19: Duties of States with regard to the administration of justice
- B. Distribution of Jurisdiction Between National, Foreign, International and Internationalized Courts
- Principle 20: Jurisdiction of international and internationalized criminal tribunals
- Principle 21: Measures for strengthening the effectiveness of international legal Principles concerning universal and international jurisdiction
- C. Restrictions on Rules of Law Justified by Action to Combat Impunity
- Principle 22: Nature of restrictive measures
- Principle 23: Restrictions on prescription
- Principle 24: Restrictions and other measures relating to amnesty
- Principle 25: Restrictions on the right of asylum
- Principle 26: Restrictions on extradition/non bis in idem
- Principle 27: Restrictions on justifications related to due obedience, superior responsibility, and official status
- Principle 28: Restrictions on the effects of legislation on disclosure or repentance
- Principle 29: Restrictions on the jurisdiction of military courts
- Principle 30: Restrictions on the Principle of the irremovability of judges
- 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
- Principle 32: Reparation procedures
- Principle 33: Publicizing reparation procedures
- Principle 34: Scope of the right to reparation
- B.
- Guarantees of non-recurrence of violations
- Principle 35: General Principles
- Principle 36: Reform of State institutions
- Principle 37: Disbandment of parastatal armed forces/demobilization and social reintegration of children
- Principle 38: Reform of laws and institutions contributing to impunity
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