Human Rights And International Criminal Law
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Author | : Borhan Uddin Khan |
Publisher | : International Studies in Human |
Total Pages | : 468 |
Release | : 2022-03-31 |
Genre | : Law |
ISBN | : 9789004447455 |
The book considers human rights approaches to crimes from a theoretical and practical perspective, analyses various crimes under international law, and examines the application, implementation and enforcement of international criminal law.
Author | : Melanie Klinkner |
Publisher | : Routledge |
Total Pages | : 287 |
Release | : 2019-07-26 |
Genre | : Law |
ISBN | : 1317335082 |
The United Nations has established a right to the truth to be enjoyed by victims of gross violations of human rights. The origins of the right stem from the need to provide victims and relatives of the missing with a right to know what happened. It encompasses the verification and full public disclosure of the facts associated with the crimes from which they or their relatives suffered. The importance of the right to the truth is based on the belief that, by disclosing the truth, the suffering of victims is alleviated. This book analyses the emergence of this right, as a response to an understanding of the needs of victims, through to its development and application in two particular legal contexts: international human rights law and international criminal justice. The book examines in detail the application of the right through the case law and jurisprudence of international tribunals in the human rights and also the criminal justice context, as well as looking at its place in transitional justice. The theoretical foundations of the right to the truth are considered as well as the various objectives appropriate for different truth-seeking mechanisms. The book then goes on to discuss to what extent it can be understood, constructed and applied as a hard, legally enforceable right with correlating duties on various people and institutions including state agencies, prosecutors and judges.
Author | : Paul De Hert |
Publisher | : |
Total Pages | : 0 |
Release | : 2018 |
Genre | : Droit international humanitaire |
ISBN | : 9781780686400 |
Although rooted in a similar ideal, human rights (IHRL), international criminal law (ICL) and international humanitarian law (IHL) are separate fields of law, best represented as circles, each of which overlaps with the other two. However human rights often seems to absorb the other two, while in other situations, the lines between human rights law and its next door neighbours are blurred or contested.This volume consists of three main parts. The first main part explores the convergences and divergences between IHL and/or IHRL on the one hand, and ICL stricto sensu on the other hand. The second part investigates the convergences and divergences between IHRL and transnational crimes, or ICL in the broader sense, which suppresses crimes such as drug trafficking, trafficking in human beings and corruption through international treaties providing for domestic enforcement. The last main part of this volume provides the reader with novel and original insights as to how IHRL and IHL converge and diverge by considering if and how the norms of other branches of international law come into play and how the European Court of Human Rights has engaged with the sometimes contradicting norms of IHL. It furthermore analyses the relationship between the specific IHL and IHRL norms which prohibit arbitrary displacement and maps their interaction. Finally, the effectiveness of States' investigations of war crimes committed by their armed forces is evaluated by emphasising attention to the relevant standards developed within IHRL, since IHL does not indicate specific criteria to evaluate the effectiveness of an investigation.
Author | : Michelle Coleman |
Publisher | : Routledge |
Total Pages | : 148 |
Release | : 2021-03-03 |
Genre | : Law |
ISBN | : 1000352331 |
This book provides a comprehensive analysis of the presumption of innocence from both a practical and theoretical point of view. Throughout the book a framework for the presumption of innocence is developed. The book approaches the right to presumption of innocence from an international human rights perspective using specific examples drawn from international criminal law. The result is a framework for understanding the right that is grounded in human rights law. This framework can then be applied across different national and international systems. When applied, it can help determine when the presumption of innocence is being infringed upon, eroded, violated, and ensure that the presumption of innocence is protected. The book is an essential resource for students, academics and practitioners working in the areas of human rights, criminal law, international criminal law, and evidence. The themes also have a more general application to national jurisdictions and legal theory.
Author | : William Schabas |
Publisher | : Cambridge University Press |
Total Pages | : 421 |
Release | : 2016-01-07 |
Genre | : Law |
ISBN | : 1107052335 |
An authoritative introduction to international criminal law written by renowned international lawyers, judges, prosecutors, criminologists and historians.
Author | : Wolfgang Kaleck |
Publisher | : Springer Science & Business Media |
Total Pages | : 222 |
Release | : 2006-11-22 |
Genre | : Law |
ISBN | : 3540462783 |
The book explores recent developments in the international and national prosecution of persons accused of committing war crimes and crimes against humanity. It considers the relationship between national and international law, science and practice, with emphasis on the emerging principle of universial jurisdiction and the effect of "the war on terror" on legal norms.
Author | : Drazan Djukić |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 303 |
Release | : 2019-05-15 |
Genre | : Law |
ISBN | : 9004366687 |
"In The Right to Appeal in International Criminal Law Dražan Djukić describes appeal proceedings in international criminal law and evaluates them against human rights benchmarks. While international criminal courts and tribunals mainly comply with these benchmarks, they have fallen short in certain important areas. Despite their importance to the legal process, appeal proceedings tend to receive limited attention. On the basis of benchmarks arising from international human rights law, Dražan Djukić systematically assesses the law and practice concerning appeal proceedings in international criminal law"--
Author | : James C. Simeon |
Publisher | : Routledge |
Total Pages | : 481 |
Release | : 2022-02-10 |
Genre | : Law |
ISBN | : 1000539369 |
This volume elucidates and explores the interrelationships and direct causal connection between serious international crimes, serious breaches to fundamental human rights, and gross affronts to human dignity that lead to mass forced migration. Forced migration most often occurs in the context of protracted armed conflict of a noninternational nature where terrorism, fierce fighting, deep animosity, tit-for-tat retaliation, and “rapid dominance” doctrine all lead to the commission of atrocity crimes. Accordingly, this volume makes a valuable contribution to the literature and to the cause of trying to resolve mass forced displacement at its root cause, to explore the course that it takes, and how it might be prevented. The collection comprises original research by leading legal scholars and jurists focusing on the three central themes of serious international crimes, human rights, and forced migration. The work also includes a Foreword from Sir Howard Morrison, QC, former President of the Appeals Division of the International Criminal Court. The book will be a valuable resource for students, academics, researchers, and policymakers working in the areas of international law, migration, human rights, and international criminal law.
Author | : Norman Weiß |
Publisher | : Springer |
Total Pages | : 246 |
Release | : 2015-02-25 |
Genre | : Law |
ISBN | : 3319120212 |
This volume discusses the impact of human rights law on other fields of international law. Does international human rights law modify other fields of international law? Contributions focus on possible spillover effects of human rights on international economic or international criminal law. Does international human rights law have a streamlining effect on international law as a whole? This might be identified as a process of constitutionalisation. In this book, human rights can be understood as one of the core principles of international legal order and thus have an effect on the general law of treaties or on the settlement of disputes. Although human rights law is a relatively young field of international law, its content and core values today are of major importance for the interpretation of international law as a whole. As we witness a redefinition of sovereignty as a responsibility of states towards the people and a shift to greater relevance of the individual in international law in general, it is a logical consequence that human rights have an impact on other areas of international law.
Author | : Alette Smeulers |
Publisher | : BRILL |
Total Pages | : 552 |
Release | : 2011-07-27 |
Genre | : Law |
ISBN | : 9004215883 |
International crimes such as genocide, crimes against humanity and war crimes as well as other gross human rights violations are manifestations of collective violence which endanger international peace and security. and warrant our full attention. It however takes a multi- and interdisciplinary approach to understand the true nature and causes of this type of criminality. The aim of this book is to take such an approach and to provide university students, scholars, professionals and practitioners within the field with the knowledge they need. The legal background and particularities of international crimes; the social context in which these crimes are committed as well as the perpetrators and bystanders thereof are studied. Within the book many case studies are presented as illustrations.