Reviews
The Misery of International Law is a work for the ages. Aptly titled, this uniquely insightful and tremendously well researched book is the quintessential work of the intellect. Their scholarship stands in the rarefied pantheon of the most illuminating international legal scholarship I have read to date. It complements the school of thought known as TWAIL, or Third World Approaches to International Law. I am confident that The Misery of International Law willbecome a standard by which critical international legal scholarship will be measured., "The Misery of International Law is a work for the ages. Aptly titled, this uniquely insightful and tremendously well researched book is the quintessential work of the intellect... Their scholarship stands in the rarefied pantheon of the most illuminating international legal scholarship I have read to date. I am confident that The Misery of International Law will become a standard by which critical international legal scholarship will be measured." - Makau Mutua, The State University of New York, "The United Nations Principles to Combat Impunity is a comprehensive legal tool for both legal practitioners and students alike, offering the first full critical reflection of the subject. The book brings together all areas that aim to combat impunity, discussing transitional justice mechanisms, victims' rights and participation, and 'traditional' formal criminal justice instruments. Finally, the work is not afraid to offer criticisms of the principles in their current form and offers practical recommendations for improvement to the principles, positioning itself as a significant academic authority to the discussion of combating impunity in international law." -- Shona Patience, International Criminal Law Review"The Misery of International Law is a work for the ages. Aptly titled, this uniquely insightful and tremendously well researched book is the quintessential work of the intellect... Their scholarship stands in the rarefied pantheon of the most illuminating international legal scholarship I have read to date. I am confident that The Misery of International Law will become a standard by which critical international legal scholarship will be measured." - Makau Mutua, The State University of New York, "The United Nations Principles to Combat Impunity is a comprehensive legal tool for both legal practitioners and students alike, offering the first full critical reflection of the subject. The book brings together all areas that aim to combat impunity, discussing transitional justice mechanisms, victims' rights and participation, and 'traditional' formal criminal justice instruments. Finally, the work is not afraid to offer criticisms of the principles in their current form and offers practical recommendations for improvement to the principles, positioning itself as a significant academic authority to the discussion of combating impunity in international law." -- Shona Patience, International Criminal Law Review "The Misery of International Law is a work for the ages. Aptly titled, this uniquely insightful and tremendously well researched book is the quintessential work of the intellect... Their scholarship stands in the rarefied pantheon of the most illuminating international legal scholarship I have read to date. I am confident that The Misery of International Law will become a standard by which critical international legal scholarship will be measured." - Makau Mutua, The State University of New York
Table of Content
PrologueIntroductionI. PreambleII. DefinitionsIII. Combating Imputiny: General ObligationPrinciple 1: General Obligations of States to Take Effective Action to Combat ImpunityIV. The Right to KnowA. General PrinciplesPrinciple 2: The inalienable right to the truthPrinciple 3: The duty to preserve memoryPrinciple 5: Guarantees to give effect to the right to knowB. Commissions of InquiryPrinciple 6: The establishment and role of truth commissionsPrinciple 7: Guarantees of independence, impartiality and competencePrinciple 8: Definition of a commission's terms of referencePrinciple 9: Guarantees for persons implicatedPrinciple 10: Guarantees for victims and witnesses testifying on their behalfPrinciple 11: Adequate resources for commissionsPrinciple 12: Advisory functions of the commissionsC. Preservation of and Access to Archives Bearing Witness to ViolationsPrinciple 14: Measures for the preservation of archivesPrinciple 16: Cooperation between archive departments and the courts and non-judicial commissions of inquiryPrinciple 17: Specific measures relating to archives containing namesPrinciple 18: Specific measures related to the restoration of or transition to democracy and/or peaceV. The Right to JusticeA. General PrinciplesPrinciple 19: Duties of States with regard to the administration of justiceB. Distribution of Jurisdiction Between National, Foreign, International and Internationalized CourtsPrinciple 20: Jurisdiction of international and internationalized criminal tribunalsPrinciple 21: Measures for strengthening the effectiveness of international legal Principles concerning universal and international jurisdictionC. Restrictions on Rules of Law Justified by Action to Combat ImpunityPrinciple 22: Nature of restrictive measuresPrinciple 23: Restrictions on prescriptionPrinciple 24: Restrictions and other measures relating to amnestyPrinciple 25: Restrictions on the right of asylumPrinciple 26: Restrictions on extradition/non bis in idemPrinciple 27: Restrictions on justifications related to due obedience, superior responsibility, and official statusPrinciple 28: Restrictions on the effects of legislation on disclosure or repentancePrinciple 29: Restrictions on the jurisdiction of military courtsPrinciple 30: Restrictions on the Principle of the irremovability of judgesVI. The Right to Reparation/Guarantees of Non-Recurrence A. The Right to ReparationPrinciple 31: Rights and duties arising out of the obligation to make reparationPrinciple 32: Reparation proceduresPrinciple 33: Publicizing reparation proceduresPrinciple 34: Scope of the right to reparationB. Guarantees of non-recurrence of violationsPrinciple 35: General PrinciplesPrinciple 36: Reform of State institutionsPrinciple 37: Disbandment of parastatal armed forces/demobilization and social reintegration of childrenPrinciple 38: Reform of laws and institutions contributing to impunity, Prologue, D. OrentlicherIntroduction, F. Haldemann and T. UngerI. Preamble, T. van BovenII. Definitions, S. KrähenmannIII. Combating Impunity: General ObligationsPrinciple 1: General obligations of States to take effective action to combat impunity Author: N. Roht-Arriaza, N. Roht-ArriazaIV. The Right to KnowA.. General PrinciplesPrinciple 2: The inalienable right to the truth, D. GroomePrinciple 3: The duty to preserve memory, J. ViebachPrinciple 4: The victims' right to know, D. GroomePrinciple 5: Guarantees to give effect to the right to know, T. UngerB.. Commissions of InquiryPrinciple 6: The establishment and role of truth commissions, M. Freeman and I. NuzovPrinciple 7: Guarantees of independence, impartiality and competence, M. Freeman and I. NuzovPrinciple 8: Definition of a commission's terms of reference, A. BissetPrinciple 9: Guarantees for persons implicated, A. BissetPrinciple 10: Guarantees for victims and witnesses testifying on their behalf, A. BissetPrinciple 11: Adequate resources for commissions, H. VarneyPrinciple 12: Advisory functions of the commissions, H. Varney and I. RobinsonPrinciple 13: Publicizing the commission's reports, C. Harwood and C. StahnC.. Preservation of and Access to Archives Bearing Witness to ViolationsPrinciple 14: Measures for the preservation of archives, V. Cadelo and T. PetersonPrinciple 15: Measures for facilitating access to archives, V. Cadelo and T. PetersonPrinciple 16: Cooperation between archive departments and the courts and non-judicial commissions of inquiry, J. D. CiorciariPrinciple 17: Specific measures relating to archives containing names, V. Cadelo and T. PetersonPrinciple 18: Specific measures related to the restoration of or transition to democracy and/or peace, J. D. CiorciariV. The Right to JusticeA.. General PrinciplesPrinciple 19: Duties of States with regard to the administration of justice, K. AmbosB.. Distribution of jurisdiction between national, foreign, international and internationalized courtsPrinciple 20: Jurisdiction of international and internationalized criminal tribunals, W. SchabasPrinciple 21: Measures for strengthening the effectiveness of international legal principles concerning universal and international jurisdiction, P. GaetaC.. Restrictiona on Rules of Law Justified by Action to Combat ImpunityPrinciple 22: Nature of restrictive measures, G. PinzautiPrinciple 23: Restrictions on prescription, G. PinzautiPrinciple 24: Restrictions and other measures relating to amnesty, I. Siatitsa and M. WierdaPrinciple 25: Restrictions on the right of asylum, C. HarveyPrinciple 26: Restrictions on extradition/non bis in idem, R. RothPrinciple 27: Restrictions on justifications related to due obedience, superior responsibility, and official status, M. du PlessisPrinciple 28: Restrictions on the effects of legislation on disclosure or repentance, C. GosnellPrinciple 29: Restrictions on the jurisdiction of military courts, F. Ni AolainPrinciple 30: Restrictions on the principle of the irremovability of judges, C. GosnellVI. The Right to Reparation/Guarantees of Non-RecurrenceA.. The Right to ReparationPrinciple 31: Rights and duties arising out of the obligation to make reparation, F. HaldemannPrinciple 32: Reparation procedures, P. d'Argent and I. de GhellinckPrinciple 33: Publicizing reparation procedures, L. J. LaplantePrinciple 34: Scope of the right to reparation, L. S. GrosmanB.. Guarantees of Non-Recurrence of ViolationsPrinciple 35: General principles, R. Duthie and A. Mayer-RieckhPrinciple 36: Reform of State institutions, R. Duthie and A. Mayer-RieckhPrinciple 37: Disbandment of parastatal armed forces/demobilization and social reintegration of children, R. Duthie and A. Mayer-RieckhPrinciple 38: Reform of laws and institutions contributing to impunity, R. Duthie and A. Mayer-Riekh
