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.
In the framework of the Geneva Human Rights Platform, the Geneva Academy co-hosted with the Office of the United Nations High Commissioner for Human Rights a consultation between the UN Special Rapporteur on the rights to freedom of peaceful assembly and of association, Clément Voule, and delegates from civil society organizations and NGOs.
Olivier Chamard / Geneva Academy
Our Master of Advanced Studies in Transitional Justice, Human Rights and the Rule of Law is a unique and innovative programme that combines high-level academic education and real-world practice in the field of transitional justice. One of the very few courses on this subject in Europe, it focuses on an expanding field where there is a strong need for well-trained professionals.
We are delighted to invite all our alumni for the 2019 Alumni Gathering that will take place on Saturday 25 May 2019 in Geneva!
This public lecture by Philippe Sands QC, Professor of Law, University College London, will close the public symposium on ‘The Universal Declaration of Human Rights at Seventy: Historical and Juridical Perspectives’.
Truth Commissions are by now an integral part of the transitional justice vocabulary and practice. The 2019 Spring School will provide a comprehensive, multidimensional and practical examination of this transitional justice mechanism, shedding light on both its aims and the practical challenges it has met or is likely to meet.
UN Photo/Pierre Albouy
This short course focuses on the functioning and the mechanisms of the United Nations Human Rights Council, as well as on the dynamics at play in this major human rights body.
© ILO/ Joydeep Mukherjee
This project aims to support the UN working group’s consultation process and thus contribute the promotion and protection of human rights and gender equality in relation to the business sector via research on international human rights law and policy related to gender equality guarantees and their application to business activities, and the organization of a global conference in Geneva.
This project intends to clarify the conditions of accountability for international crimes by providing a detailed assessment of the customary international law status of, in particular, the actus reus and mens rea elements of modes of liability: planning, instigating, conspiracy, direct and indirect perpetration, co-perpetration, the three forms of joint criminal enterprise, the doctrine of common purpose under the Rome Statute of the International Criminal Court, command responsibility and aiding and abetting.