in other parts of the world, prompted a broader interpretation of
the notion of the right to be given information about missing
persons. It also led to the identification and recognition of a right
to the truth by various international organs, in particular, the InterAmerican Commission on Human Rights and Court of Human
Rights, the UN Working Group on Enforced or Involuntary
Disappearances and the UN Human Rights Committee.” 6
It is not expressly contained in any written norm that is classified
as a source of international law according to article 38 of the
Statute of the International Court of Justice. However, it is argued
that its nature can be determined in two ways: as customary law
or as a general principle of law.
i. Customary law = “And yet the right to the truth has been
recognized without question both by a number of international
organs and by a number of courts at the international and
national level, and has been enshrined as a guiding principle in
numerous instruments setting up truth and reconciliation
commissions, as well as in national legislation. Some legal
experts have also identified the right to truth as a customary
right. Clearly, there is a need to look a bit more carefully at these
sources to see how they have identified such a right and what
contours can be discerned.” 7
ii. General Principle of Law = “It may be argued that the right to
the truth can be discerned as a principle of law deriving from
sources at both the international and the national levels. In terms
of the former, it may be used as a means of inferring the
existence of broad rules from more specific rules by means of
inductive reasoning. The jurisprudence of the human rights
courts, which seem to identify a broader right to truth in their
6
Taken from: Yasmin Naqvi, “The right to the truth
Red
Cross,
June
2006,
Original
Version
review.icrc.org/sites/default/files/irrc_862_2.pdf
7
Taken from: Yasmin Naqvi, “The right to the truth
Red Cross, June 2006, Original Version
review.icrc.org/sites/default/files/irrc_862_2.pdf
in international law: fact or fiction?” International Review of the
No.
862,
pg.
5
Available
at
https://internationalin international law: fact or fiction?” International Review of the
No. 862, pg. 12 Available at https://international-