The Potential Role of the European Convention on Human Rights as a Transitional Justice Mechanism: External and Internal Control on Human Rights Protection

Abstract

This dissertation examines the potential of the European Convention on Human Rights (hereinafter the Convention) as a transitional justice instrument. More precisely, the research will focus on whether the system developed within the Council of Europe - comprising the Convention and the European Court of Human Rights -can be considered a mechanism in eradicating impunity against human rights violations and in shaping political transitions and conflict resolutions in the European territory. The relation between the CoE system and transitional justice is strictly linked by the notion of the rule of law. Indeed the approach adopted is the one considering transitional justice as an holistic and interdisciplinary concept relating to other field of studies, among whom human rights and in particular the building up of human security. In this terms, transitional justice is not only about establishing the democratic state and eradicating the conflict but creating a human security framework as a long-term human fulfilment. Transitional justice is therefore based not only on looking at the past but at the future as well. In this respect, the active role played by the CoE system in the Kosovo region has proved to be of substantial importance in the current transitional situation and its analysis will be useful in order to understand the contribution of the CoE system to transitional justice theory and practice.