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The position of guarantees of non-repetition within transitional justice
Hůlová, Eliška ; Bílková, Veronika (advisor) ; Balaš, Vladimír (referee)
The Position of Guarantees of Non-repetition within Transitional Justice Abstract Within transitional justice (TJ), guarantees of non-repetition (GNRs) refer to measures aiming to prevent the recurrence of mass human rights violations. They form one of the four pillars of TJ (next to justice, truth and reparation). In contrast with the other three pillars, GNRs are concerned primarily with the future and present a function that may be fulfilled by an open- ended variety of measures. Thus, GNRs aim to fulfil the preventive function of TJ. However, although non-repetition is understood as one of the core objectives of TJ, GNRs remain underexplored and there is much ambiguity surrounding the topic. This thesis thus aims to contribute to the conceptualization of GNRs within TJ. To this end, this thesis explores the origins and normative foundations of GNRs as a State obligation arising from mass and systematic human rights violations. This analysis starts with a review of GNRs within the law of state responsibility, followed by an exploration of the concept's development in international human rights law and TJ. Since GNRs can be conceived either as a part of reparations or as a separate pillar of TJ, this section also explores the foundations for both of these understandings. Subsequently, this thesis turns to...
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Truth commissions: Truth commissions' mandates and its significance in the truth seeking process
Trojanová, Jana ; Trávníčková, Zuzana (advisor) ; Žáková, Gabriela (referee)
Truth commissions are official nonjudicial bodies of investigation created to address grave violations of human rights committed under the previous repressive regime or during the past armed conflict. Commissions are created to establish an authoritative record of past violations, to discover its causes and to make reccommendations in order to prevent its reccurence in the future. The thesis focuses on commission's mandates,legal documents that determine its goals, functions, powers and scope of inquiry. The aim of the thesis is to assess the significance of the mandate in the truth-seeking process and to determine if a broad mandate is well suited to achieve goals of the commission or if a narrow mandate is more expedient. The thesis assesses and compares mandates of truth commissions established in Argentina (1983), South Africa (1995), Guatemala (1997) and Kenya (2009).
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