ABSTRACT
This chapter considers the presence and effect of the right to the truth in the discourse and jurisprudence associated with international human rights courts, truth and reconciliation commissions and international criminal law trials. It discusses the outcome of the institutions’ processes is also different. The chapter examines the law and practice of Inter-American and European human rights courts, truth commissions throughout the world and criminal justice institutions, including the International Criminal Court. It explains an outline of the role human rights courts play before discussing the role of truth commissions as a transitional justice mechanism and international criminal proceedings. The mandate of a commission or its terms of reference may be explicit about the scope and limitations of the commission’s remit, or it may provide more generic guidance. Truth commissions also seek to make recommendation to the state to advance the realisation of the right to the truth on behalf of victims and society.
