Preface Abbreviations Introductionpart 1Transitional JusticeIntroduction to Part 1 1 Transitional Justice in International Norms and Practices 1.1 The Goals of Transitional Justice 1.2 The Element of Transition in Transitional Justice Processes 1.3 The Element of Justice in Transitional Justice Processes 1.4 The Scope of Contemporary Transitional Justice 2 Defining Transitional Justice 3 A Place for the Truth in Transitional Justice 3.1 The Standing of Human Rights in Contemporary TransitionalJustice 3.2 Implications of the Right to the Truth in ContemporaryTransitional Justice 3.3 Transitional Justice Mechanisms for Guaranteeing the Right to theTruth 4 Transitional Justice in the Mandates and Policies of the Council ofEurope 4.1 The Council of Europe as a Promotor of Peace and Post-ConflictJustice 4.2 The Victim-Oriented Approach of the Council of Europe to PostConflict Justice Delivery 4.3 Transitional Justice as a Goal in the Establishing Documents of theCouncil of Europe 4.4 Finding Elements of Transitional Justice in the Political Mandatesof the Council of Europe4.5 Finding Elements of Transitional Justice in the Thematic Policiesof the Council of Europe 4.6 The Scope of Transitional Justice in the Policies of the Council ofEurope on Post-Conflict Transition and Democracy 4.7 Finding Elements of Transitional Justice in the Policies ofthe Council of Europe on Democratization in the FormerYugoslavia Conclusion to Part 1 part 2The Right to the Truth in International Norms and Practices Introduction to Part 2 5 The Development of the Right to the Truth in International Law 5.1 The Geneva Conventions of 1949 5.2 The Case Law of the Inter-American Court of Human Rights 5.3 The Case Law of the European Court of Human Rights 5.4 The Impunity Principles 5.5 The Policies of the United Nations 5.6 The Disappearance Convention of 2006 6 Guarantees Deriving from the Right to the Truth in InternationalLaw 6.1 The Ratione Materiae of the Right to the Truth in InternationalLaw 6.2 The Ratione Personae of the Right to the Truth in InternationalLaw 7 State Duties Deriving from the Right to the Truth in InternationalLaw 7.1 The International Law Duty to Investigate 7.2 The International Law Duty to Fight Impunity and to DeliverJustice 7.3 The International Law Duty to Preserve Memory8 Defining a Contemporary Right to the Truth in International Conclusion to Part 2 170part 3The Right to the Truth in the Policies of the Council of Europe –Recognition and Scope Introduction to Part 3 9 Recognition of the Right to the Truth in the Policies of the Council ofEurope on Post-Conflict Transitions 9.1 Recognition of the Right to the Truth in the Policies of the Councilof Europe on Truth Finding and Missing Persons 9.2 Recognition of the Right to the Truth in the Policies of the Councilof Europe on Post-Conflict Transition in the Former Yugoslavia inGeneral 9.3 Recognition of the Right to the Truth in the Policies of the Councilof Europe on Post-Conflict Transition in Serbia 9.4 Recognition of the Right to the Truth in the Policies of the Councilof Europe on Post-Conflict Transition in Kosovo 9.5 Recognition of the Right to the Truth in the Policies of theCouncil of Europe on Post-Conflict Transition in Bosnia andHerzegovina 10 The Scope of the Right to the Truth in the Policies of the Council ofEurope on Post-Conflict Transitions 10.1 The Ratione Personae of the Right to the Truth in the Policies ofthe Council of Europe on Truth Finding and Missing Persons 10.2 The Ratione Personae of the Right to the Truth in the Policies ofthe Council of Europe on Post-Conflict Transition in the FormerYugoslavia 10.3 The Ratione Materiae of the Right to the Truth in the Policies ofthe Council of Europe 10.4 Types of Truth That the Council of Europe Recognizes to Derivefrom the Right to the Truth Conclusion to Part 3part 4The Right to the Truth in the Policies of the Council of Europe –State DutiesIntroduction to Part 4 11 The Duty to Investigate in the Policies of the Council of Europe onPost-Conflict Transitions 11.1 The Duty to Investigate in the Policies of the Council of Europe onTruth Finding and Missing Persons 11.2 The Duty to Investigate in the Policies of the Council of Europe onPost-Conflict Transition in the Former Yugoslavia in General 11.3 The Duty to Investigate in the Policies of the Council of Europe onPost-Conflict Transition in Serbia 11.4 The Duty to Investigate in the Policies of the Council of Europe onPost-Conflict Transition in Kosovo 11.5 The Duty to Investigate in the Policies of the Council of Europe onPost-Conflict Transition in Bosnia and Herzegovina 11.6 Conclusion 12 The Duty to Fight Impunity in the Policies of the Council of Europeon Post-Conflict Transitions 12.1 The Duty to Fight Impunity and to Deliver Justice in the Policies ofthe Council of Europe on Truth Finding and Missing Persons 12.2 The Duty to Fight Impunity and to Deliver Justice in the Policiesof the Council of Europe on Post-Conflict Transition in the FormerYugoslavia in General 12.3 The Duty to Fight Impunity and to Deliver Justice in the Policies ofthe Council of Europe on Post-Conflict Transition in Serbia 12.4 The Duty to Fight Impunity and to Deliver Justice in the Policiesof the Council of Europe on Post-Conflict Transition in Bosnia andHerzegovina 12.5 The Duty to Fight Impunity and to Deliver Justice in the Policies ofthe Council of Europe on Post-Conflict Transition in Kosovo 12.6 Conclusion 13 The Duty to Preserve Memory in the Policies of the Council of Europeon Post-Conflict Transitions 13.1 The Duty to Preserve Memory in the Policies of the Council ofEurope on Truth Finding and Missing Persons13.2 The Duty to Preserve Memory in the Policies of the Council ofEurope on Post-Conflict Transition in the Former Yugoslavia inGeneral 13.3 The Duty to Preserve Memory in the Policies of the Council ofEurope on Post-Conflict Transition in Serbia 13.4 The Duty to Preserve Memory in the Policies of the Councilof Europe on Post-Conflict Transition in Bosnia andHerzegovina 13.5 The Duty to Preserve Memory in the Policies of the Council ofEurope on Post-Conflict Transition in Kosovo 13.6 Conclusion part 5EpilogueIntroduction to Part 5 14 Summary of Findings 14.1 The Path from Traditional Post-Conflict Justice to One Assumingthe Right to the Truth 14.2 A Place for Post-Conflict Justice in the Governing of the Council ofEurope 14.3 A Place for the Right to the Truth in International Law 14.4 A Place for the Right to the Truth in the Policies of the Council ofEurope 15 Specifics in the Regulation and Promotion of the Right to the Truth bythe Council of Europe 15.1 The Contribution of the Council of Europe to Expanding the Scopeof the Right to the Truth 15.2 The Failure of the Council of Europe in Its Application of the Rightto the Truth 15.3 The Inconsistencies of the Council of Europe in Promoting theRight to the Truth as a Conflict-Related Right General Conclusion and Recommendations Bibliography Index