Alison Bisset

The privilege against self-incrimination in truth commission administered accountability initiatives

In recent times, transitional justice practice has increasingly seen truth commissions tasked with administering accountability programmes, distinct from and in addition to their traditional truth-seeking role. Such accountability schemes typically take the form of granting or recommending amnesty for those who disclose involvement in past crimes or facilitating reintegration on the basis of similar disclosures. Self-incriminating disclosures made in the course of traditional truth commission proceedings generally attract a robust set of legal safeguards. However, the protections within transitional accountability schemes administered by truth commissions tend to be less stringent. This article explores this anomaly, focusing particularly on the extent to which the privilege against self-incrimination is protected within truth commission administered accountability programmes. It considers the programmes operated to date, and the levels of protection afforded, and demonstrates a lack of consistent practice in the safeguarding of individual rights within these programmes. It examines international legal standards on the privilege against self-incrimination and questions whether the procedures operated by accountability programmes can be reconciled with international norms in order to protect those who make self-incriminating disclosures within accountability initiatives. The article argues that a failure to ensure individual rights against self-incrimination risks compromising the efficacy of the programmes themselves and the contribution that they can make to long term peace and reconciliation in transitional states.

Building resilience in post-conflict disaster contexts: children and transitional justice

This chapter is concerned with the promotion and protection of children’s rights in post-conflict disaster contexts, with a particular focus on the contribution of transitional justice mechanisms to delivering improvements in respect for and realisation of children’s rights. The chapter conceptualizes transitional justice as one means of building sustainable peace in post-conflict states, making it an important element of durable solution promotion in conflict-related disaster contexts. Within this, children play a vital role as they will ultimately become responsible for the implementation of policies and practices that will ensure, or indeed risk, long term peace and stability. It is therefore essential that they are a principal focus of post-conflict transitional justice mechanisms.

Truth Commissions: A Barrier to the Provision of Judicial Assistance?

Truth commissions and criminal trials have come to be perceived as complementary transitional justice mechanisms. However, where effective prosecutions are dependent on the exchange of information and transfer of suspects between states under existing mutual legal assistance and extradition arrangements, the operation of a truth commission in the state of territoriality may act as an obstacle to international cooperation. At the same time, requests for assistance from a third state pursuing prosecutions may impact negatively on the truth commission process in the requested state by inhibiting those reluctant to become involved in criminal proceedings from offering testimony. This article demonstrates a practical discord between these bodies when they operate in different states and questions whether they can truly be considered “complementary”.