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.
Olivier Chamard / Geneva Academy
This year, we are celebrating our 10th anniversary – a perfect time to take a look in the rearview mirror at the milestones we have passed. While there are many achievements we could highlight, we have selected our top ten to match our age!
In this interview, Tafadzwa Christmas, a Zimbabwean student enrolled in the Master of Advanced Studies in Transitional Justice, Human Rights and the Rule of Law, tells us about the programme and life in Geneva.
Michael Sfard, the most prominent Israeli human rights lawyer and author of the book ‘The Wall and the Gate: Israel, Palestine and the Legal Battle for Human Rights’, will address the current situation of human rights defenders in Israel.
The International film festival and forum on human rights (FIFDH) and the Geneva Academy co-organize this debate on artificial intelligence (AI), whih will be preceeded by the projection of the film Pre Crime.
The Transitional Justice Spring School 2018 aims to address the roles of memory and culture in transitional justice processes through an interdisciplinary, comprehensively structured high-quality one-week programme.
U.S. Mission Photo/Eric Bridiers
From 2012 to 2015 the Geneva Academy hosted the Adviser to the UN Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence Pablo de Greiff.
This project, funded by the Swiss National Science Foundation, investigated the relevance of international law in relation to such demands for reparation.