How Conditional Amnesties Can Assist Transitional Societies in Delivering on the Right to the Truth

2017 ◽  
Vol 6 (2) ◽  
pp. 143-175 ◽  
Author(s):  
Jeremy Julian Sarkin
Keyword(s):  
International Law ◽  
Transitional Justice ◽  
Legal Protection ◽  
Transitional Societies ◽  
Post Conflict ◽  
The Status ◽  
The Right ◽  
Legal Consequences ◽  
Made In

This article explores how conditional amnesties can assist post-conflict societies to recover truth. It examines how such amnesties can be used optimally to achieve the best results as part of transitional justice mechanisms. Thus, a central question is to see how amnesties can be used for truth recovery purposes. For that reason, the status and role of amnesties, and whether such amnesties can be used to learn more about the past and assist in truth recovery is explored. The article explores what amnesties are, how prevalent they are and how amnesties can be used optimally to achieve the best results. An issue that is also explored is whether amnesties are needed for perpetrators to participate in transitional justice mechanisms. The argument that is made, in this regard, is that amnesty is absolutely necessary to persuade perpetrators to testify. If they do not have such legal protection, perpetrators fear the legal consequences that may result if they admit to crimes for which they have not been charged. Another question that is examined concerns whether amnesties, and specifically conditional amnesties, pass international law muster. This article therefore investigates the continual and extensive use of amnesty to determine whether a conditional amnesty violates international law. The article suggests how a conditional amnesty process could be structured and what difficulties such a process should avoid if perpetrators are to enter such a process.

scholarly journals Transitional justice, victims and human rights in the light of international law and the inter-american system of human rights

2021 ◽  
pp. 300-327
Author(s):  
Florabel Quispe Remón
Keyword(s):  
Human Rights ◽  
International Law ◽  
Transitional Justice ◽  
Next Of Kin ◽  
Human Right ◽  
Origin And Evolution ◽  
Role Of The State ◽  
The Status ◽  
The Right

The article begins by analyzing the origin and evolution of the concept "transitional justice", determining its characteristics, the context in which it was born and developed, as well as the role of the State in this process. Then it focuses attention on analyzing the development of this figure in the jurisprudence of the Inter-American Human Rights System, through the work that the Inter-American Court has been carrying out since its operation, interpreting in a broad way and always pro homini, the American Convention of Human Rights. Throughout its years of operation, it has ruled on the State’s obligation to protect and guarantee human rights and to carry out the pertinent investigations in the event of their violation; as well as the recognition of the status of victims to the victims’ families and their pronouncement of the right to the truth, not as an autonomous human right, but rather as a right of the victims and their next of kin. Undoubtedly, these are aspects that have gone beyond the American Convention.

The Kenya National Commission on Human Rights under the 2010 Constitutional Dispensation

2018 ◽  
Vol 26 (2) ◽  
pp. 205-226
Author(s):  
Bonolo Ramadi Dinokopila ◽  
Rhoda Igweta Murangiri
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
National Commission ◽  
Bill Of Rights ◽  
Institutional Perspective ◽  
Post Conflict ◽  
National Human ◽  
The Status ◽  
Protection Of Human Rights

This article examines the transformation of the Kenya National Commission on Human Rights (KNCHR) and discusses the implications of such transformation on the promotion and protection of human rights in Kenya. The article is an exposition of the powers of the Commission and their importance to the realisation of the Bill of Rights under the 2010 Kenyan Constitution. This is done from a normative and institutional perspective with particular emphasis on the extent to which the UN Principles Relating to the Status of National Institutions for the promotion and protection of human rights (the Paris Principles, 1993) have been complied with. The article highlights the role of national human rights commissions in transformative and/or transitional justice in post-conflict Kenya. It also explores the possible complementary relationship(s) between the KNCHR and other Article 59 Commissions for the better enforcement of the bill of rights.

scholarly journals TRANSITIONAL JUSTICE: THE REINTEGRATION OF CHILD SOLDIERS THROUGH POST-CONFLICT METHODS OF JUSTICE

2015 ◽  
Vol 20 (2) ◽  
pp. 474
Author(s):  
Ana Paula Barbosa-Fohrmann
Keyword(s):  
United Nations ◽  
International Law ◽  
Transitional Justice ◽  
Armed Conflict ◽  
Child Soldiers ◽  
Secretary General ◽  
Armed Conflicts ◽  
Armed Groups ◽  
Post Conflict ◽  
Made In

<p>This paper examines the problematic of child soldiers, based on inter alia the strategy of research <br />and study of the United Nations Office of the Special Representative of the Secretary-General for <br />Children and Armed Conflict and on the priorities of the Machel Study. Here, national and international <br />law will be applied on countries where children are recruited by armed groups. Concerning domestic <br />jurisdiction alternative or traditional methods of justice as well as formal legal methods will be <br />addressed. Specifically, this paper will focus on three main subjects: 1) the possibility of prosecution <br />and judgment of adolescents, who participated in armed conflicts; 2) prosecution and judgment of war lords <br />and 3) civil reparation proportional to the damage caused by an armed conflict. These three subjects will <br />be construed according to (traditional or alternative and formal) national and international law. Finally, <br />some recommendations will be made in order to improve the system of reintegration of child soldiers in <br />post-conflict countries.</p>

scholarly journals PERAN NOTARIS DALAM PELEPASAN HAK ATAS TANAH PADA PROSES KONSOLIDASI TANAH GUNA OPTIMALISASI FUNGSI TANAH DIKAITKAN DENGAN PERATURAN PERTANAHAN

2019 ◽  
Vol 2 (2) ◽  
pp. 226
Author(s):  
Fajrina Aprilianti D ◽  
Yani Pujiwati ◽  
Betty Rubiati
Keyword(s):  
Qualitative Method ◽  
Land Consolidation ◽  
Research Use ◽  
Consolidation Process ◽  
Collection Method ◽  
The Right ◽  
Legal Consequences ◽  
Function Transfer ◽  
Made In

<p><strong>ABSTRAK</strong><br />Pelepasan hak atas tanah dilaksanakan dengan akta autentik yang dibuat dihadapan notaris. Pelepasan hak juga dapat terjadi pada pelaksanaan konsolidasi tanah. Konsekuensi hukum yang timbul dari adanya pelepasan hak pada konsolidasi tanah yaitu pada status hak atas tanah perserta konsolidasi, yang berubah menjadi tanah negara. Penelitian ini bertujuan untuk mendapatkan pemahaman pelepasan hak atas tanah dalam proses konsolidasi tanah dikaitkan dengan peran notaris berdasarkan peraturan pertanahan dan untuk mendapatkan gambaran proses konsolidasi tanah dapat mengoptimalkan fungsi tanah. Penelitian dilakukan secara deskriptif analitis, dengan teknik pengumpulan data dilakukan dengan studi kepustakaan dengan mengumpulkan data sekunder dan wawancara. Analisis data menggunakan metode analisis yuridis kualitatif dengan menyimpulkan data-data yang didapatkan yang dituangkan dalam bentuk tulisan atau pernyataan. Disimpulkan bahwa pelepasan hak atas tanah dalam proses konsolidasi tanah tidak menggunakan jasa notaris, tetapi dilaksanakan oleh kepala Badan Pertanahan Nasional. Hal tersebut dikarenakan pelepasan tanah dalam konsolidasi tanah tidak untuk selamanya, karena nanti tanah objek konsolidasi akan dikembalikan kepada pemiliknya lagi setelah dilakukan penataan dalam proses konsolidasi tanah. Proses konsolidasi tanah guna optimalisasi fungsi tanah diwujudkan dengan menghasilkan kawasan lingkungan perumahan atau perkotaan yang sudah tertata rapih dilengkapi dengan sarana-prasarana pendukung. Dengan begitu konsolidasi tanah ini telah sesuai dengan prinsip pembangunan berkelanjutan.<br /><strong>Kata kunci:</strong> konsolidasi tanah; optimalisasi fungsi tanah; pelepasan hak atas tanah.</p><p><em><strong>ABSTRACT</strong></em><br /><em>Transfer of rights over land usually performed through authentic deed made before a notary. It might also occurred from land consolidation. The legal consequences that might arise from the transfer of right through land consolidation is in the change of status of the right over land for the consolidation participant into a state-owned land. This research has the purpose to obtain better understanding on the transfer of rights over land in the process of land consolidation in relation to the role of notary pursuant to the regulation regarding the land and to obtain depiction on the process of land consolidation to optimize the function of land. This research use descriptive-analytical specification and data-collection method is made through juridical-qualitative method by summing-up the acquired data made in writing or in statement. Transfer of right over land in consolidation process does not use any notarial service, yet it is performed directly by the Head of the National Land Agency. It is made that way since the transfer of right in consolidation is not made for eternity, the object of the land consolidation shall be returned to its owner after it has been restructured in the process of land-consolidation. The process of land consolidation to optimize the function of land is performed through the procreation of neatly planned housing or city environmental area, equipped with the supporting facilities and infrastructure. That way, this land consolidation shall be in accordance with the sustainable principle development. </em><br /><em><strong>Keywords:</strong> land consolidation; optimization of land function; transfer of right over land.</em></p>

scholarly journals PRINCIPLES OF TRANSITIONAL JUSTICE

2021 ◽  
Vol 117 (4) ◽  
pp. 96-106
Author(s):  
CHVALIUK Andrii ◽  
BABIN Borys
Keyword(s):  
Public Relations ◽  
International Law ◽  
Transitional Justice ◽  
Scientific Community ◽  
Practical Implementation ◽  
Expert Opinions ◽  
Post Conflict ◽  
Occupied Territories ◽  
The Right ◽  
To Receive

Background. The issue of reintegration of the temporarily occupied territories was emphasized by the President of Ukraine as one of the priority areas of work of the Commission on Legal Reform. Instructing to develop a concept of transitional justice in 2019, the President said that it should include measures to compensate victims of war, bring to trial those guilty of serious crimes, realize the right to receive the truth about the course of the conflict. However, neither the country’s leadership nor the scientific community has yet determined the principles on which these measures should be implemented. Analysis of recent research and publications has revealed that, when thinking about the principles of transitional justice policy, human rights activists and scholars use such language clichés as «directions», «measures», «main principles»,«postulates», «essence», «policy principles to support transitional justice». This creates some confusion that needs to be eliminated. The aim of this article is to formulate the principles of the Ukrainian model of transitional justice. Materials and methods. During the study, both general and special methods of cognition were used: dialectical, terminological, systemic, formal-logical, generalization, structural-functional, modelingand forecasting. The information base of the study was the norms of international law, national legislation and draft laws, expert opinions, works of domestic and foreign scientists. Results. The article considers the principles on which the Ukrainian model of transitional justice should be based. Taking into account the fact that at the normative and doctrinal levels the consolidation of the principles of the domestic model of transitional justice has not yet taken place, the author offers his vision of the system of principles of the domestic model of transitional justice and outlines promising areas for their practical implementation. Conclusion.The author believes that the basic system of principles of the domestic model of transitional justice should look like this: the primacy of international law; objective (judicial) truth; universal justice; post-conflict modernization of public relations; efficiency and timeliness. Keywords: transitional justice, principles, model, measures, directions, reintegration of temporarily occupied territories.

scholarly journals Legal Action on Labour Inspection Memo in Industrial Relations in Indonesia

2021 ◽  
Vol 10 ◽  
pp. 668-674
Author(s):  
Lanny Ramli ◽  
◽  
Samuel Nikodemus Kaban
Keyword(s):  
Industrial Relations ◽  
Legal Protection ◽  
Constitutional Court ◽  
Professional Relationship ◽  
Goods And Services ◽  
The Status ◽  
The Government ◽  
The Right ◽  
Minimal Effort

The research purpose is to study the professional relationship between workers and employers which is called industrial relations. This is motivated by the fact that workers and employers need to synergize in the process of producing goods and services for the community. In fulfilling the purpose and object of their role and activities and the quid pro quo relationship, the stakeholders pursue different interests. Employers try to earn a maximum profit by spending the least cost possible. In contrast, workers earn the maximum results with the least minimal effort. By using the socio-legal approach, the results showed that the circumstances that exist in these two different interests are prone to conflict and prone to irregularities in legislation. The government as a regulator is obliged to provide legal protection. Legal protection from the government is manifested in the role of labor inspectors, in which they have the right to conduct inspections in a preventive and repressive manner. If there is a violation, the inspectors shall issue the inspection memo. However, the implementation of the ruling of the Constitutional Court Number 7/PUU-XII/2014 results in a new problem which is an unclear execution of the said Constitutional Court ruling about the status of workers.

Conclusion

2018 ◽  
Author(s):  
Guy Beiner
Keyword(s):  
Oral History ◽  
Transitional Justice ◽  
The Political ◽  
History And Memory ◽  
The Past ◽  
Post Conflict ◽  
The Right ◽  
The Relationship

An understanding of the historical dynamics of social forgetting can be learned from the detailed case study of the vernacular historiography of the 1798 Rebellion in Ulster. It has far-reaching implications for a more meaningful appreciation of the relationship between history and memory. The political impasse in post-conflict Northern Ireland, which has stumbled over disagreements on ‘dealing with the past’ in the context of finding acceptable arrangements for transitional justice, could benefit from showing more sensitivity, not only to the role of oral history storytelling, but also to ingrained traditions of ‘vernacular silence’ that perpetuate social forgetting. A brief inspection of some prominent twentieth-century examples demonstrates the wider relevance of studying social forgetting. In today’s digital age, explorations of social forgetting suggest new possibilities for reconciling conflicts between an inner duty to remember and the right to be outwardly forgotten.

Civil Legal Communities in the Context of Sharing Economy

2020 ◽  
Vol 15 (6) ◽  
pp. 95-104
Author(s):  
I. Z. Aiusheeva
Keyword(s):  
Civil Law ◽  
Digital Technologies ◽  
Sharing Economy ◽  
Legal Form ◽  
Non Profit ◽  
The Status ◽  
Business Entities ◽  
The Right ◽  
Legal Consequences

The development of the economy of shared consumption (sharing economy) is recognized as one of the markers of the digital economy. Innovations and advances in digital technologies contribute to the creation of a large number of IT platforms that bring together an unlimited number of participants able to share resources. In what organizational and legal form is the activity within the framework of sharing economy permitted? Today, business and non-profit entities work in the field of sharing economy. The participation of business entities reflects the ideas of access economy, within which the features of a market economy are preserved. Associations of persons that do not seek profit may be formed in the form of a non-profit organizations or act as a civil law community with the right to make decisions incurring legal consequences on behalf of the associations without the status of a legal entity. The role of civil law communities for the development of models of sharing economy is great, so the rules governing their activities need further improvement.

BERLAKU DAN KEABSAHAN PERJANJIAN INTERNASIONAL DALAM PANDANGAN HUKUM INTERNASIONAL

2019 ◽  
Vol 1 (1) ◽  
pp. 95-103
Author(s):  
Komang Sukaniasa
Keyword(s):  
International Law ◽  
International Agreements ◽  
The State ◽  
International Agreement ◽  
International Treaties ◽  
International Treaty ◽  
Binding Force ◽  
International Rights ◽  
Legal Consequences ◽  
Made In

International agreements are agreements between international subjects that give rise to binding obligations in international rights, which can be bilateral or multilateral. Based on these opinions, an understanding can be taken that international treaties are agreements or agreements entered into by two or more countries as subjects of international law that aim to cause certain legal consequences. International agreements, whether ratified or through approval or acceptance or accession, or other methods that are permitted, have the same binding force as ratified international treaties established in the Ratification Law of International Treaties. Once again, it is equally valid and binding on the state. Therefore, the authors consider that the position of international treaties are not made in the form of the Ratification Act of the International Agreement but are binding and apply to Indonesia. Then Damos Dumoli Agusman argues that ratification originates from the conception of international treaty law which is interpreted as an act of confirmation from a country of the legal acts of its envoys or representatives who have signed an agreement as a sign of agreement to be bound by the agreement.

The Origins of Human Rights in Global Health

2018 ◽  
Author(s):  
Lawrence O. Gostin ◽  
Benjamin Mason Meier
Keyword(s):  
Public Health ◽  
Human Rights ◽  
World War Ii ◽  
Global Health ◽  
International Law ◽  
Right To Health ◽  
Right To Health Care ◽  
Global Standards ◽  
The Right

This chapter introduces the foundational importance of human rights for global health, providing a theoretical basis for the edited volume by laying out the role of human rights under international law as a normative basis for public health. By addressing public health harms as human rights violations, international law has offered global standards by which to frame government responsibilities and evaluate health practices, providing legal accountability in global health policy. The authors trace the historical foundations for understanding the development of human rights and the role of human rights in protecting and promoting health since the end of World War II and the birth of the United Nations. Examining the development of human rights under international law, the authors introduce the right to health as an encompassing right to health care and underlying determinants of health, exploring this right alongside other “health-related human rights.”

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