Truth Commissions Before A Criminal Trial

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Recommended: Strengths and weaknesses of the international criminal justice system

Criminal trials enable the international community to enact a system of justice against the perpetrators of crimes against humanity. This charter limits the scope and responsibilities of the tribunal largely to a role of accountability. Yet, one may argue that simply by levying charges against the accused, the international community has acknowledged crimes of the past. The purpose of the judiciary is to “investigate the specific acts of accused perpetrators” (Hayner, 22). Nevertheless, standard rules of evidence, which may exclude important or relevant information, limits the ability of the court to document the truth for historical record (Hayner, 107). Trials do not share the responsibility inherent in a truth commission to focus on the …show more content…

Although the international community does not recognize truth commissions as legitimate alternatives to criminal justice, such commissions offer a complementary approach that is able to initiate judicial proceedings. Furthermore, truth commissions enable the state to offer victims “the full and complete truth as to the events that transpired, their specific circumstances, and who participated in them, including the circumstances in which the violations took place, as well as the reasons for them.” (Hayner, 24) In transitional societies or developing countries, a truth commission may offer a more comprehensive approach to reconciliation and accountability than a trial (Teitel, 77). Such a setting facilitates framing the problem of transition in human rights terms (Teitel, 81). Furthermore, truth commissions provide a more variable depiction of justice. Transitional justice transects “legal, political, and religious language” that supplements traditional jurisprudence in areas of the world with developing judicial systems (Teitel, 82). Ultimately, truth commissions provide options for societies in transition, and a means through which to provide an accurate record of the past, restore personal dignity to victims, safeguard against impunity, and provide recommendations for institutional reforms to prevent new violations (accessed at

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