Bulletin n. 1/2015 | ||
June 2015 | ||
Philippe Flory |
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International Criminal Justice and Truth Commissions: From Strangers to Partners? | ||
in Journal of International Criminal Justice , vol. 13, no. 1 , 2015 , 19-42 | ||
International criminal justice and truth commissions both experienced strong growth during the past two decades. At the international level, the initial opposition displayed by these two mechanisms, illustrated by the peace versus justice debate, has been replaced by a complementary approach promoting the parallel operation of international trials and truth commissions. Consequently, this collaborative model has become — and is likely to evolve to be even more — frequent, yet no agreed framework has emerged to regulate this relationship, despite several opportunities to develop one. Drawing from past experiences and analysis of the Statute of the International Criminal Court (ICC), this article aims to define the relationship between international criminal justice and truth commissions and identify potential structures of cooperation between these commissions and the ICC. This article shows how the complementary nature of international criminal justice and truth commissions may need to be nuanced to preserve the specificities inherent to the nature of these mechanisms. Following from this analysis, possible models of cooperation between these institutions are explored by this article. | ||