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    Rights statement: https://www.cambridge.org/core/journals/international-and-comparative-law-quarterly/article/elusive-right-to-truth-in-transitional-human-rights-jurisprudence/4A03D1909674ED805CB1434631E54E94 The final, definitive version of this article has been published in the Journal, International and Comparative Law Quarterly, 67 (2), pp 353-387 2018, © 2018 Cambridge University Press.

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The Elusive Right to Truth in Transitional Human Rights Jurisprudence

Research output: Contribution to journalJournal article

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The Elusive Right to Truth in Transitional Human Rights Jurisprudence. / Sweeney, James Anthony.

In: International and Comparative Law Quarterly, Vol. 67, No. 2, 01.04.2018, p. 353-387.

Research output: Contribution to journalJournal article

Harvard

Sweeney, JA 2018, 'The Elusive Right to Truth in Transitional Human Rights Jurisprudence', International and Comparative Law Quarterly, vol. 67, no. 2, pp. 353-387. https://doi.org/10.1017/S0020589317000586

APA

Vancouver

Author

Sweeney, James Anthony. / The Elusive Right to Truth in Transitional Human Rights Jurisprudence. In: International and Comparative Law Quarterly. 2018 ; Vol. 67, No. 2. pp. 353-387.

Bibtex

@article{262cefd432f84fe3ade1047e7d5be933,
title = "The Elusive Right to Truth in Transitional Human Rights Jurisprudence",
abstract = "This article undertakes a comparative legal analysis of the scope of an emerging legal duty to find the truth about historical human rights abuses after periods of political transition. There is substantial inconsistency between human rights regimes on how they establish temporal jurisdiction in their transitional jurisprudence, which has not yet been systematically investigated. This contribution fills the gap in the literature by identifying and critiquing the way in which the right to truth in times of transition is both expressly and implicitly vindicated in the decisions of the Human Rights Committee, and the regional jurisprudence of the Inter-American Court of Human Rights and European Court of Human Rights (the conclusion also addresses the less voluminous African regional jurisprudence). It is argued that the 'underlying values' of human rights treaties can provide a foundation for a powerful but finite right to truth.",
keywords = "Right to Truth, Transitional Justice, International Human Rights Law, Regional Human Rights, Admissibility Ratione Temporis",
author = "Sweeney, {James Anthony}",
note = "https://www.cambridge.org/core/journals/international-and-comparative-law-quarterly/article/elusive-right-to-truth-in-transitional-human-rights-jurisprudence/4A03D1909674ED805CB1434631E54E94 The final, definitive version of this article has been published in the Journal, International and Comparative Law Quarterly, 67 (2), pp 353-387 2018, {\circledC} 2018 Cambridge University Press.",
year = "2018",
month = "4",
day = "1",
doi = "10.1017/S0020589317000586",
language = "English",
volume = "67",
pages = "353--387",
journal = "International and Comparative Law Quarterly",
issn = "0020-5893",
publisher = "Cambridge University Press",
number = "2",

}

RIS

TY - JOUR

T1 - The Elusive Right to Truth in Transitional Human Rights Jurisprudence

AU - Sweeney, James Anthony

N1 - https://www.cambridge.org/core/journals/international-and-comparative-law-quarterly/article/elusive-right-to-truth-in-transitional-human-rights-jurisprudence/4A03D1909674ED805CB1434631E54E94 The final, definitive version of this article has been published in the Journal, International and Comparative Law Quarterly, 67 (2), pp 353-387 2018, © 2018 Cambridge University Press.

PY - 2018/4/1

Y1 - 2018/4/1

N2 - This article undertakes a comparative legal analysis of the scope of an emerging legal duty to find the truth about historical human rights abuses after periods of political transition. There is substantial inconsistency between human rights regimes on how they establish temporal jurisdiction in their transitional jurisprudence, which has not yet been systematically investigated. This contribution fills the gap in the literature by identifying and critiquing the way in which the right to truth in times of transition is both expressly and implicitly vindicated in the decisions of the Human Rights Committee, and the regional jurisprudence of the Inter-American Court of Human Rights and European Court of Human Rights (the conclusion also addresses the less voluminous African regional jurisprudence). It is argued that the 'underlying values' of human rights treaties can provide a foundation for a powerful but finite right to truth.

AB - This article undertakes a comparative legal analysis of the scope of an emerging legal duty to find the truth about historical human rights abuses after periods of political transition. There is substantial inconsistency between human rights regimes on how they establish temporal jurisdiction in their transitional jurisprudence, which has not yet been systematically investigated. This contribution fills the gap in the literature by identifying and critiquing the way in which the right to truth in times of transition is both expressly and implicitly vindicated in the decisions of the Human Rights Committee, and the regional jurisprudence of the Inter-American Court of Human Rights and European Court of Human Rights (the conclusion also addresses the less voluminous African regional jurisprudence). It is argued that the 'underlying values' of human rights treaties can provide a foundation for a powerful but finite right to truth.

KW - Right to Truth

KW - Transitional Justice

KW - International Human Rights Law

KW - Regional Human Rights

KW - Admissibility Ratione Temporis

U2 - 10.1017/S0020589317000586

DO - 10.1017/S0020589317000586

M3 - Journal article

VL - 67

SP - 353

EP - 387

JO - International and Comparative Law Quarterly

JF - International and Comparative Law Quarterly

SN - 0020-5893

IS - 2

ER -