Truth Commissions and Criminal Courts.

Cover; TRUTH COMMISSIONS AND CRIMINAL COURTS; Title; Copyright; CONTENTS; ACKNOWLEDGEMENTS; TABLE OF CASES; ABBREVIATIONS; Introduction; 1: Truth commissions and trials within the transitional justice framework; 1 Introduction; 2 Truth commissions and trials as mechanisms of transitional justice; 3 Truth commissions, trials and the rights to truth and justice; 4 The purpose of trials in responding to past human rights violations; 5 The role of truth commissions in responding to past human rights violations; 6 The strengths and weaknesses of truth commissions and trials; 7 Conclusion.

2: Truth commissions and international jurisdiction to prosecute1 Introduction; 2 International law obligations to prosecute and the overlap with truth commission mandates; 2.1 Truth commissions and treaty obligations to prosecute; 2.2 Customary duties to prosecute; 3 The jurisdiction of the ICC and its overlap with truth commission mandates; 3.1 Subject matter overlap; 3.2 Truth commissions and the complementarity principle; 4 Possibilities for coordination: sequencing work, dividing labour?; 5 Conclusion; 3: Coordinating truth commissions and criminal courts at the national level.

1 The absence of a common approach2 South Africa's truth for amnesty model; 2.1 Truth seeking and prosecution in practice; 2.2 Linking truth seeking and prosecution: judicialising the truth-seeking process; 3 Prioritising prosecution in East Timor; 4 Sierra Leone: an uncoordinated approach; 5 Lessons from past practice; 6 Conclusion; 4: Coordinating truth commissions and ICC operations; 1 Introduction; 2 The status of truth commissions under the ICC Statute; 3 Truth commissions and the obligations to cooperate and provide assistance to the ICC; 4 The status of confidential information.

4.1 Truth commissions and the importance of confidentiality4.2 Confidentiality and the ICC Statute; 4.2.1 Reasonable expectation of privacy and non-disclosure; 4.2.2 Essential to the nature and type of relationship; 4.2.3 Furthering the objectives of the Statute; 4.3 Defence applications for witness testimony; 5 The status of self-incriminating evidence; 6 Access to detainees; 7 Charting a way forward; 7.1 Information sharing; 7.2 Limiting truth-seeking powers; 7.3 Extending Rule 73(4) protections; 8 Conclusion; 5: Truth commissions and prosecutions in bystander states; 1 Introduction.

2 Bystander state prosecutions and the expansion of jurisdiction3 Mutual legal assistance, truth commissions and areas of potential conflict; 3.1 The use and protection of truth commission information; 3.2 Truth commissions and the grounds for refusing assistance; 3.2.1 The political offence exception; 3.2.2 Threats to sovereignty, national security and public order; 3.2.3 Incompatibility with national law; 3.3 The incompatibility of truth seeking and bystander state prosecutions; 4 Truth commissions and extradition.

5 Judicial cooperation, truth commissions and the principle of ne bis in idem.

A multi-level analysis of truth commissions and courts in the ICC era.

Print version record.

Includes bibliographical references and index.

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