30 October 2017
Our new publication Transitional Justice and the European Convention on Human Rights systematically reviews and critically discusses the evolving ‘transitional’ jurisprudence of Europe’s main guardian of human rights – the Court in Strasbourg – across highly contentious issues such as amnesty, property rights, along with institutional reform and vetting.
Published in cooperation with the Transitional Justice Institute at Ulster University and written by one of the field’s leading scholars, Fionnuala Ní Aoláin, it addresses head-on a crucial – yet so far neglected – topic: the question of the relation between transitional justice and the European Convention on Human Rights (ECHR).
While the ECHR system as one of the world’s leading human rights regimes has been the subject of intense study, its role in promoting transitional justice concerns has received surprisingly little scholarly attention – a neglect that is all the more striking when one considers the considerable amount of scholarly work that has been dedicated to the Inter-American human rights system and its impact on transitional processes in the Americas.
‘Our hope is that this publication will generate, both inside and outside academia, a much-needed debate about the ECHR and its role in transitional contexts‘ underlines Frank Haldemann, Co-Director of the Master in Transitional Justice at the Geneva Academy.
‘This publication highlights that we can profitably think of the ECHR system as a ‘transitional instrument’ positively shaping political transitions and conflict resolutions on the European continent’ underlines Thomas Unger, Co-Director of the Master in Transitional Justice at the Geneva Academy.
While the Strasbourg Court has played – and continues to play – an under-appreciated role in setting standards for and overseeing transitions to peace and democracy in places as varied as Northern Ireland, Bosnia, Turkey and Russia, the publication warns against self-complacency and insists on the need to constantly rethink the Convention in the face of ever-expanding challenges.
‘The Convention is a tool giving concrete language to human rights claims in the domestic sphere, but one that needs adjustment and creative expansion if it is to come to meet the expectations that have been set for it’ stresses the author.
Fionnuala Ní Aoláin holds the Dorsey and Whitney Chair in Law at University of Minnesota Law School and is Professor of Law at Ulster University’s Transitional Justice Institute. She is a Guest lecturer within the Geneva Academy’s Master in Transitional Justice, Human Rights and the Rule of Law. Since August 2017 she is also the UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism.
Professor Ní Aoláin is recognized as a leading expert in the fields of international law, human rights law, national security law, transitional justice and feminist legal theory and has published widely on these issues.
Our new publication brings attention to the devastating impact conflict has on persons with disabilities and highlights that many of the key international humanitarian law provisions that serve to minimize the impact of armed conflict are not being applied in a disability inclusive manner, resulting in persons with disabilities being killed, seriously injured or left behind as families flee armed attacks.
Our Senior Researcher Alice Priddy led last week a workshop in Kiev – in partnership with the United Nations Office of the High Commissioner for Human Rights and the Global Protection Cluster in Ukraine – on the protection of persons with disabilities living in the occupied territories of Donetsk and Luhansk.
This event, co-organized with the ATLAS Network will feature prominent women in international law. Coming from different professional backgrounds, they will share their experience and advice through an interactive discussion.
UN Photo / Jean-Marc Ferré
This training course will explore the origin and evolution of the Universal Periodic Review (UPR) and its functioning in Geneva and will focus on the nature of implementation of the UPR recommendations at the national level.
This short course intends to provide participants with a solid understanding of the existing pluralistic system of international accountability for international crimes and of its main challenges.
Olivier Chamard/Geneva Academy
UN Photo/Stuart Price
This project aims at mapping various existing accountability mechanisms, in the context of military interventions, through the lens of the requirements of a transitional justice process in order to identify possibilities and gaps.