The Van Boven/Bassiouni Principles: An Appraisal

Abstract

On 16 December 2005 the United Nations General Assembly adopted the ‘Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law’, also known as the Van Boven/Bassiouni Principles. This article discusses a number of conceptual issues raised by The Principles, including their legal status, the relationship between human rights and international humanitarian law, and the role of non-State actors. It concludes that The Principles are not perfect and in many respects the result of compromise. They should nevertheless be welcomed because they attempt to structure the multiplicity of standards, principles and interpretations that exist regarding the right to a remedy and reparation.

The judicial implementation of the right to the truth: Some thoughts on the Argentinian experience of the Juicios por la Verdad

“…74 This triggered the discontent of human rights movements, which considered the judgment inconsistent with the thousands of deaths resulting from the regime. 75 In addition to the charges brought against the ex-commanders, private parties filed many other criminal complaints of violations suffered during the Guerra Sucia; their number was estimated at over 2,000 in 1984. 76 This led to growing tensions within the ranks of the military, prompting President Alfonsín to pass two quasi-amnesty laws for the sake of peace, national unity and social reconciliation.…”