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International instruments relating to the promotion of truth, justice, reparation and guarantees of non-recurrence

1. General on transitional justice

Key International Instruments:

  • United Nations Charter (E F S A C R)   
  • Universal Declaration of Human Rights (E F S A C R; other languages)
  • Convention on the Prevention and Punishment of the Crime of Genocide (E F S C R)
  • International Convention on the Elimination of All Forms of Racial Discrimination (E F S A C R)
  • International Covenant on Economic, Social and Cultural Rights (E F S A C R)
  • International Covenant on Civil and Political Rights (E F S A C R)
  • Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (E F S A C R)
  • International Convention for the Protection of All Persons from Enforced Disappearance (E F S A C R)
  • Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity (E F S A C R)
  • Geneva Convention relative to the Treatment of Prisoners of War (E F S A)
  • Geneva Convention relative to the Protection of Civilian Persons in Time of War (E F S A)
  • Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I) (E F S)
  • Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II) (E F S)

Principles:

  • Updated Set of principles for the protection and promotion of human rights through action to combat impunity (E/CN.4/2005/102/Add.1), 2005 (E F S A C R)
  • Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of IHRL and Serious Violations of IHL (A/Res/60/147), 2005 (E F S A C R)
  • Independent study on best practices, including recommendations, to assist states in strengthening their domestic capacity to combat all aspects of impunity, by Professor Diane Orentlicher (E/CN.4/2004/88), 2004 (E F S A C R)
  • Set of principles for the protection and promotion of human rights through action to combat impunity (E/CN.4/Sub.2/1997/20/Rev.1), 1997(E F S A C R)

Key resolutions:

  • A/HRC/RES/21/15, Human rights and transitional justice (2012) (E F S A C R)
  • A/HRC/RES/18/7, Creation of the mandate of the Special Rapporteur (2011) (E F S A C R)
  • A/HRC/RES/12/11, Human rights and transitional justice (2009) (E F S A C R)
  • E/CN.4/RES/2005/70, Human rights and transitional justice (2005) (E F S)
  • E/CN.4/RES/2005/81, Impunity (2005) (E F S)

Key reports:

Secretary General Reports:

  • S/2011/634, The rule of law and transitional justice in conflict and post-conflict societies (2011) (E F S A C R)
  • A/61/636-S/2006/980, Uniting our strengths: Enhancing United Nations support for the rule of law (2006) (E F S A C R)
  • S/2004/616, The rule of law and transitional justice in conflict and post-conflict societies (2004) (E F S A C R)

UN High Commissioner for Human Rights Reports:

  • A/HRC/27/21, Report of the Office of the UN High Commissioner for Human Rights, Analytical study focusing on gender-biased and sexual violence in relation to transitional justice (2014) (E F S A C R)
  • A/HRC/18/23, Report of the UN High Commissioner for Human Rights, Human rights and transitional justice (2011) (E F S A C R)
  • A/HRC/12/18, Report of the UN High Commissioner for Human Rights, Analytical Study on Transitional Justice and Human Rights (2009) (E F S A C R)
  • A/HRC/12/18/Add.1, Report of the UN High Commissioner for Human Rights, Inventory of Transitional Justice in Peace Agreement (2009) (E F S A C R)
  • E/CN.4/2006/93, Study by the Office of the UN High Commissioner for Human Rights on human rights and transitional justice activities undertaken by the human rights components of the UN system (2006) (E F S A C R)
  • A/HRC/4/87, Report of the Office of the UN High Commissioner for Human Rights, Human Rights and transitional justice (2006) (E F S A C R)
  • E/CN.4/Sub.2/1997/8, Sub-commission, Final report on the question of the impunity of perpetrators of human rights violations (1997) (E F S A C R)
  • E/CN.4/Sub.2/1997/20, Sub-commission, The administration of justice and the human rights of detainees, Question of the impunity of perpetrators of human rights violations (civil and political) (1997) (E F S A C R)

Special Procedures Reports:

  • A/HRC/21/46, Special Rapporteur on Truth, Justice, Reparations and Non Repetition, Report to the Human Rights Council on the foundation of the mandate and the importance of a comprehensive approach (2012) (E F S A C R)
  • A/67/368, Special Rapporteur on Truth, Justice, Reparations and Non Repetition, Report to the General Assembly on the strengthening the rule of law (2012) (E F S A C R)
  • A/68/345, Special Rapporteur on Truth, Justice, Reparations and Non Repetition, Report to the General Assembly on the relevance of justice and rights considerations to sustainable development (2013) (E F S A C R)
  • General Comments of the Working Group on Enforced or Involuntary Disappearances (all General Comments)

OHCHR Publications:

  • HR/PUB/06/2, Mapping the justice sector (E F S A R)
  • HR/PUB/06/3, Monitoring legal systems (E F S A R)
  • HR/PUB/14/4, Rule of Law Tools for Post-conflict States (E)
  • HR/PUB/06/5, Vetting: an operational framework (E F S A R)
  • HR/PUB/09/2, National Consultations on Transitional Justice (E F S A C R)
  • HR/PUB/13/5, Transitional Justice and Economic, Social and Cultural Rights (E F S A R)

2. Truth

Key resolutions:

  • A/RES/68/165, General Assembly Resolution, Right to truth (2014) (E F S A C R)
  • A/HRC/RES/21/7, Human Rights Council Resolution, Right to truth (2012) (E F S A C R)
  • A/HRC/RES/15/5, Human Rights Council Resolution, Forensic genetics and human rights (2010) (E F S A C R)
  • A/HRC/RES/12/12, Human Rights Council Resolution, Right to the truth (2009) (E F S A C R)
  • A/HRC/RES/10/26, Human Rights Council Resolution, Forensic genetics and human rights (2009) (E F S C R)
  • E/CN.4/RES/2005/66, Commission on Human Rights Resolution, Right to the truth (2005) (E F S)

Key reports:

  • A/HRC/25/49, Special Rapporteur in the Field of Cultural Rights, Report on memorialization processes of the events of the past in post-conflict and divided societies (2014) (E F S A C R)
  • A/HRC/24/42, Special Rapporteur on Truth, Justice, Reparations and Non Repetition, on selected challenges faced by truth commissions (2013) (E S A R)
  • A/68/296, Special Rapporteur the Field of Cultural Rights, Report on the writing and teaching of history (2013) (E F S A C R)
  • A/68/362, Special Rapporteur on Freedom of Expression and Opinion, The right to access information and the right to truth (2013) (E F S A C R)
  • A/HRC/17/21, Report of the Office of the UN High Commissioner for Human Rights on the seminar on experiences of archives as a means to guarantee the right to the truth, (2011) (E F S A C R)
  • A/HRC/15/33, Report of the UN High Commissioner for Human Rights on the Right to the truth (2010) (E F S A C R)
  • A/HRC/12/19, Report of the Office of the UN High Commissioner for Human Rights on the Right to the truth (2009) (E F S A C R)
  • A/HRC/5/7, Report of the Office of the UN High Commissioner for Human Rights on the Right to the Truth (2007) (E F S A C R)
  • E/CN.4/2006/91, Report of the Office of the United Nations High Commissioner for Human Rights on, Study on the right to the truth (2006) (E F S A C R)

Treaty body sources:

  • A/HRC/16/48 para. 39, Working Group on Enforced or Involuntary Disappearances, General Comment on truth (E F S A C R)
  • A/HRC/WGEID/98/1, Working Group on Enforced or Involuntary Disappearances, General Comment on Children and enforced disappearances (E F S A C R)

OHCHR Publications:

  • HR/PUB/06/1, Truth commissions (E F S A R)

3. Justice and tackling impunity

Treaty Body sources:

  • CCPR/C/GC/31, Human Rights Committee, General Comment No. 31, Nature of the General Legal Obligation Imposed on States Parties to the Covenant (E F S A C R)
  • CCPR/C/GC/32, Human Rights Committee, General Comment No. 32, Right to equality before courts and tribunals and to a fair trial (E F S A C R)

Key reports:

  • A/HRC/27/56, Special Rapporteur on Truth, Justice, Reparations and Non Repetition, Prosecutorial prioritization strategies (2014) (E F S A C R)
  • A/66/749, Report of the Secretary General, Delivering justice: programme of action to strengthen the rule of law at the national and international levels (2012) (E F S A C R)
  • S/2011/634, Report of the Secretary General, The rule of law and transitional justice in conflict and post-conflict societies (2011) (E F S A C R)
  • A/HRC/4/33, Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, on the obligation of states parties to establish universal jurisdiction according to the principle aut dedere aut iudicare (2007) (E F S A C R)
  • Independent study on best practices, including recommendations, to assist states in strengthening their domestic capacity to combat all aspects of impunity, by Professor Diane Orentlicher (E/CN.4/2004/88), 2004 (E F S A C R)
  • E/CN.4/Sub.2/1997/8, Sub-commission, Final report on the question of the impunity of perpetrators of human rights violations (1997) (E F S A C R)
  • E/CN.4/Sub.2/1997/20, Sub-commission, The administration of justice and the human rights of detainees, Question of the impunity of perpetrators of human rights violations (civil and political) (1997) (E F S A C R)

OHCHR Publications:

  • HR/PUB/08/2, Maximizing the legacy of hybrid courts (E F S A C R)
  • HR/PUB/06/2, Mapping the justice sector (E F S A R)
  • HR/PUB/06/4, Prosecution initiatives (E F S A R)

4. Reparations

International Instruments:

Key resolutions:

  • A/HRC/RES/22/21, Rehabilitation of torture victims (2013) (E F S A C R)

Treaty Body sources:

  • CCPR/C/21/Rev.1/Add.13, Human Rights Committee, General Comment No. 31, Right to an effective remedy (E F S A C R)
  • CAT/C/GC/3, Committee Against Torture, General Comment No. 3, Effective remedy and reparations (E F S A C R)

Special Rapporteur Reports:

  • A/69/518, Special Rapporteur on Truth, Justice, Reparations and Non Repetition, Reparations (2014) (E F S A C R)
  • A/HRC/14/22, Special Rapporteur on Violence against Women, Reparations to women who have been subjected to violence in contexts of both peace and post-conflict (2010) (E F S A C R)
  • A/65/273, Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, on the role of rehabilitation centres for victims of torture (2010) (E F S A C R)
  • A/HRC/4/33, Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, on the right of victims of torture to a remedy and reparation (2007) (E F S A C R)

OHCHR Publications:

  • HR/PUB/08/1, Reparations programmes (E F S A C R)

5. Children

International instruments:

Treaty Body sources:

  • A/HRC/WGEID/98/1, Working Group on Enforced or Involuntary Disappearances, General Comment on Children and enforced disappearances (E F S A C R)

Key Reports:

  • A/HRC/WGEID/98/2, General Comment of the Working Group on Enforced or Involuntary Disappearances on children and enforced disappearances (2013) (E F S A C R)
  • Reports of the Special Representative of the Secretary- General for Children and Armed Conflict (all reports)
  • UNICEF, Children and Transitional Justice, Truth-Telling, Accountability and Reconciliation, 2010 (E)

6. Gender

International Instruments:

  • Convention on the Elimination of All Forms of Discrimination against Women (E F S A C R)
  • Optional Protocol to the Convention on the Elimination of Discrimination against Women (E F S A C R)

Key Reports:

  • A/HRC/27/21, Report of the Office of the UN High Commissioner for Human Rights, Analytical study focusing on gender-based and sexual violence in relation to transitional justice (2014) (E F S A C R)
  • Guidance Note of the Secretary General on Reparations for Conflict-Related Sexual Violence (2014) (E)
  • A/HRC/WGEID/98/2, General Comment of the Working Group on Enforced or Involuntary Disappearances on women affected by enforced disappearances (2012) (E F S A C R)
  • A/HRC/14/22, Special Rapporteur on Violence against Women, Reparations to women who have been subjected to violence in contexts of both peace and post-conflict (2010) (E F S A C R)
  • Reports of the Special Representative of the Secretary-General on Sexual Violence in Conflict (all reports)

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