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Revue québécoise de droit international
Article . 2020 . Peer-reviewed
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Article . 2015 . Peer-reviewed
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THE POLITICS OF TRUTH: ON LEGAL FETICHISM AND THE RHETORIC OF COMPLEMENTARITY

Authors: Naftali, Patricia;

THE POLITICS OF TRUTH: ON LEGAL FETICHISM AND THE RHETORIC OF COMPLEMENTARITY

Abstract

This paper questions the rhetoric of complementarity between truth commissions and criminal courts in the light of the normalization of a “right to truth” in international legal discourse. Once regarded as mutually exclusive institutions, they are now praised by the international community, human rights and transitional justice advocates as complementary in the fight against impunity. This paper reveals, beyond the consensus on complementarity, how the competition between truth commissions and criminal justice continues as truth advocates strive to negotiate the contours of the “right to truth” in international law. First, it highlights the role of global promoters of the “right to truth” in consolidating the theory of complementarity before international bodies. However, it then stresses their competing visions of complementarity and examines the tensions surrounding the normalization of the “right to truth” in relation to criminal justice and amnesties. Finally, it discusses why these tensions are nonetheless accommodated through the discourse on complementarity, especially in the context of an emerging “truth order” and globalized truth “industry” characterized by the rise of new types of expertise, practices and truth-seeking technologies concerned with the ascertainment and adjudication of mass atrocities.

Countries
Canada, Belgium
Related Organizations
Keywords

International NGOS, Libertés et droits de l'homme, Droit international public, Right to Truth, Legal Mobilizations, Sociologie du développement, Sociologie du droit, Transitional Justice, Sociologie politique, Sociologie des milieux particuliers

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    popularity
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    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
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    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
1
Average
Average
Average
Green
gold