The right to the truth in atrocity trials before municipal courts

In the past decades the right to the truth has gained increasing recognition in international human rights law. Grounded in the state’s duty to conduct an effective investigation into serious human rights violations and to ensure to victims the right to an effective remedy, the burgeoning right to the truth has a legal dimension. Taking as a baseline a definition of the right to the truth derived from international human rights jurisprudence this study has examined the place and the role of the right to the truth in municipal trials for atrocity crimes related to three general contexts. In many of the trials the study has found evidence of recognition of the right to the truth. Factual findings giving effect to the right to the truth as a substantive right have helped courts establish circumstances that have played a critical role in the commission of collective crimes. Recognition of the right to the truth as a procedural right has influenced the course of criminal investigations and trials and has supported greater compliance by the authorities with their duty to investigate and prosecute serious violations. Moreover, the findings of this study suggest that recognition of the right to the truth may have a positive impact on the norm expressive qualities of municipal atrocity trials. The study concludes by providing specific reasons why municipal courts adjudicating atrocity trials should give effect to the right to the truth.