ABSTRACT

This chapter traces the way in which the idea of a moral right has become thus expresses as a right to the truth, first within the realm of transitional justice, and second within international law as a general, background legal norm. Transitional justice came into being through human rights activists, lawyers, legal and political scholars, policymakers and journalists’ interaction facilitated by donors to advance human rights and also transitions to democracy. Much like within the wider field of transitional justice, the extra-legal component to the origins of the right to the truth has been seen as a key strength due to its relevance for victims as individuals and society more generally. In 2009 the United Nations Security Council in Resolution 1894 makes reference to the need for truth-seeking as part of states’ responsibility to comply with obligations “to thoroughly investigate and prosecute persons” following serious violations of international humanitarian law and human rights law.