16
Commissioning justice
Truth commissions and criminal justice
THE PRACTICE OF TRUTH COMMISSIONS STRONGLY SUPPORTS THE
PROSECUTION OF CRIMES UNDER INTERNATIONAL LAW
The practice of the majority of truth commissions is firmly in favour of investigations and
prosecutions of all crimes under international law.
Truth commissions originally
given the power to grant or
recommend amnesty for
crimes under international law
3
Truth commissions actively
contributing to prosecutions
14
Truth commissions
recommending prosecutions
19
2
Other truth commissions
More than half (21) of the 38 truth commissions with relevant practice examined in this paper
recommended and/or actively contributed to the prosecution of all crimes under international law.
Nineteen (19) truth commissions actively contributed to the prosecution of crimes under international
law, by referring to national authorities names of alleged perpetrators, evidence collected or other
information. Two (2) truth commissions did not actively refer information about alleged crimes to
national authorities, but recommended the prosecution of crimes under international law.
Unfortunately, the information available on the Commission of Inquiry to Locate the Persons Disappeared during the
Panchayat Period, established in Nepal in 1990, is too limited to allow sufficient analysis. The same is true for the
2009 Truth, Justice and Reconciliation Commission in Togo. What follows is based on the remaining 38 truth
commissions.
In addition to the three truth commissions that were given the power to recommend
or grant amnesty (or immunity) for crimes under international law (South Africa,
Grenada and Indonesia):
Nineteen (19) truth commissions actively contributed to the prosecution of crimes under
international law, by referring to national authorities names of alleged perpetrators, evidence
collected or other information.
The 1974 Ugandan Commission referred 40 cases of suspected perpetrators to the
Director of Public Prosecutions for possible charges; twenty-six more cases were
referred to prosecution authorities for further investigation.20 The 1982 Bolivian
Amnesty International April 2010
Index: POL 30/004/2010
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