Salomón Lerner Febres was the President of the Truth and Reconciliation Commission of Peru from 2001 to 2003. After two decades of armed conflict, political violence and suffering due to an authoritarian regime, the Commission, created by the government of Peru, was established to face up to the factors which made violence possible, and to the consequences of destruction and of physical and moral suffering, especially in the most humble and impoverished sectors of Peruvian society. The Commission published its report on 28 April 2003. Salomón Lerner is now President of the Institute for Democracy and Human Rights at the Pontificia Universidad Católica del Perú, where he was Rector from 1994 to 2004. He was also President of the Union of Latin American Universities, where he had previously been Vice-President for universities in the Andean region. After studying law in Peru and obtaining a doctorate in philosophy from the Catholic University of Louvain (Belgium), Dr Lerner worked at a number of academic institutions and is currently a research associate at Tokyo University. In addition to several other awards, he was honoured as ‘Great Official of the Order of Merit of Peru’ by Peru's Ministry of Domestic Affairs in 2003.

Based on the example of the Truth and Reconciliation Commission in South Africa, the author analyses the conditions necessary from a philosophical and philological perspective — even if they are never enough — to move from war to reconciliation, and thus to deal with hatred: a policy of remembrance, a policy of justice and a policy of speech.

The right to the truth has emerged as a legal concept at the national, regional and international levels, and relates to the obligation of the state to provide information to victims or to their families or even society as a whole about the circumstances surrounding serious violations of human rights. This article unpacks the notion of the right to the truth and tests the normative strength of the concept against the practice of states and international bodies. It also considers some of the practical implications of turning “truth” into a legal right, particularly from the criminal law perspective.

This article modestly seeks to address some of the various matters related to transitional justice and focuses on whether penal repression for violations of international humanitarian law and international human rights law must be insisted upon in all situations, or if there are cases where other action, in particular amnesties, would be more appropriate to ensure national reconciliation or the peaceful development of a country. Dilemmas clearly exist in responding to such choices, calling for the ability to maintain a judicious balancing act between competing important interests, including the most basic decision of whether or not to provoke the dragon on the patio.

Numerous truth commissions of different types are being created around the world. The purpose of this schematic overview is to study the variety and to sketch out the differences and similarities between the different truth commissions established since the Truth and Reconciliation Commission of South Africa launched in 1995.

Based on her experience as a member of the South African and the Sierra Leonean truth and reconciliation commissions, the author formulates guiding principles and looks at the circumstances in which a truth and reconciliation commission constitutes an appropriate instrument to deal with transitional justice issues. The author also identifies possible contributions that truth and reconciliation commissions can make during a period of transition.

Compliance with or violations of international humanitarian law during an armed conflict undoubtedly influence the conduct of the judiciary, the situations of the victims and the correlation of forces in the post-conflict society. This article seeks to determine the influence of international humanitarian law on the transitional justice process. The author examines the specific experience of certain Latin American states that have been deeply affected by serious violations of human rights and international humanitarian law.

Any body or institution dealing with the missing persons issue will interact in one way or another with transitional justice proceedings, if only to examine the possibility of sharing relevant information gathered. The question becomes even more acute when international tribunals intervene in the national context where transitional justice mechanisms are operating. The authors look at the ways in which transitional justice mechanisms may support the right of families to know the fate of their relatives, and how work to resolve the missing persons issue can be reconciled with an effective fight against impunity.

Starting with the usual functions of truth and reconciliation commissions, the article outlines the possibilities for and limits of cooperation by the ICRC with the varying types of commissions. The question as to the degree of such cooperation has mostly been resolved on similar lines to the privilege of non-disclosure in international criminal trials. Within the parameters of its principles of neutrality and impartiality and the operative rule of confidentiality established to enable access to victims of armed conflicts and internal violence, the ICRC has, however, cooperated with such commissions. The author explains some criteria determining the appropriate degree of cooperation and shows some forms it can take. He finally discusses the ICRC's policy vis-à-vis the amnesty provisions of truth and reconciliation commissions, which often preclude the prosecution of persons involved in offences committed during periods of violence.

This article addresses the relationships between the principles of universal jurisdiction and complementarity and the difficulties in their implementation. Even if the two principles are well known, there are still a number of obstacles – legal and non-legal – to proper and better implementation. Moreover, universality and complementarity are quite often to be applied in a difficult political environment, keeping in mind that these principles have to deal with international and national constraints. The number of obstacles is such that the two principles face many challenges. This article advocates that the principle of complementarity represents one aspect of the principle of universality and should rely on its general acceptance to further its efficiency and implementation. In conclusion, the article explores some possible ideas to be developed to reach this goal.

The Iraqi High Criminal Court established to prosecute Saddam Hussein and other leading Ba'athists is one of the most visible of the current efforts to establish criminal accountability for violations of international norms. Juxtaposed against other tribunals, the High Criminal Court has provoked worldwide debate over its processes and its prospects for returning societal stability founded on respect for human rights and the rule of law to Iraq. This article explores in detail the legal basis for the formation of the High Criminal Court under the law of occupation. It addresses the relationship between the Iraqi model of prosecuting crimes in domestic fora incorporating international law and the alternative model of transferring jurisdiction to an international forum. The controversial aspects of the Iraqi model are considered, such as the legitimacy of its creation, the revocation of official immunity, the procedural fairness of the Statute in the light of international norms, and the substantive coverage of what some have termed an internationalized domestic process. The author concludes that accountability for international crimes is one of the unifying themes that should bind humanity in common purpose with the Iraqi jurists as they pursue justice in accordance with international norms.