The European Court Of Human Rights As A Pathway To Impunity For International Crimes
Download The European Court Of Human Rights As A Pathway To Impunity For International Crimes full books in PDF, epub, and Kindle. Read online free The European Court Of Human Rights As A Pathway To Impunity For International Crimes ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
| Author | : Sonja C. Grover |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 317 |
| Release | : 2010-04-05 |
| Genre | : Law |
| ISBN | : 3642107990 |
Introductory Remarks on the Perspective and Intent of the Author in Writing This Monograph The European Court of Human Rights comments in the judgment Korbely v. Hungary that: However, clearly drafted a legal provision may be, in any system of law, including criminal law, there is an inevitable element of judicial interpretation. There will always be a need for elucidation of doubtful points and for adaptation to changing circumstances. Indeed, in the Convention States, the progressive development of the criminal law through judicial law making is a well-entrenched and necessary part of legal tradition...The Court’s role is con?ned to ascertaining whether the effects of such an interpretation [interpretation by the national courts and authorities of domestic law which sometimes may refer to or incor- rate international law principles or agreements] are compatible with the Convention 1 [European Convention on Human Rights and Fundamental Freedoms] (emphasis added). This book then examines to what degree this “inevitable element of judicial interpretation” has been applied by the European Court of Human Rights in a manner consistent with the guarantees of the most fundamental human rights under international criminal, human rights and humanitarian law.
| Author | : Wolfgang Kaleck |
| Publisher | : Torkel Opsahl Academic EPublisher |
| Total Pages | : 4 |
| Release | : 2015-05-29 |
| Genre | : Law |
| ISBN | : 8283480065 |
| 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 | : Geoff Gilbert |
| Publisher | : BRILL |
| Total Pages | : 527 |
| Release | : 2006-09-30 |
| Genre | : Law |
| ISBN | : 9047410467 |
Following the wars in the former Yugoslavia and Rwanda, and the events of 11 September 2001, awareness of international crimes has come to the forefront of public consciousness. The very public responses seen in the establishment by the Security Council of the ad hoc tribunals and the international community coming together to create the International Criminal Court have done much to promote the idea that there should be no impunity for international criminals. Nevertheless, while those are incredibly significant steps in the attempt to combat international crime, there is no way due to their jurisdictional competence that such bodies could ever hope to address all the various crimes that are committed that are not confined to a single domestic jurisdiction either by reason of their nature or transborder factors. As such, the response of the international community to international crime depends as much on extraterritorial criminal jurisdiction, mutual legal assistance agreements, extradition and other means of lawful rendition. Furthermore, given the fundamental rule that a person is innocent until proven guilty and that everyone within the jurisdiction of a State is owed certain basic minimum human rights guarantees, responses to international crime cannot be without limitation. Respect for the alleged transnational fugitive offender is as important a factor in responding to international crime as preventing impunity for genocide, crimes against humanity, war crimes and gross human rights violations.
| Author | : Karen Engle |
| Publisher | : Cambridge University Press |
| Total Pages | : 401 |
| Release | : 2016-12-15 |
| Genre | : Law |
| ISBN | : 110707987X |
This volume presents and critiques the distorted effects of the international human rights movement's focus on the fight against impunity.
| Author | : Ilaria Bottigliero |
| Publisher | : BRILL |
| Total Pages | : 336 |
| Release | : 2004-05-01 |
| Genre | : Law |
| ISBN | : 9047412990 |
Paradoxically, victims of ordinary crimes such as fraud, theft or assault, can obtain redress through regular domestic channels, whereas victims of such major atrocities as genocide, war crimes or crimes against humanity, have been left mostly uncompensated. Until recently, a pervasive climate of impunity for international crimes relegated victims to the political and legal periphery. Over the last few years however, the international community has begun to recognize that, just as crimes under international law cannot be considered ordinary crimes, victims of these crimes cannot be considered ordinary victims. In this book, Dr. Bottigliero explores the origins, evolution and practice relating to victims’ redress in domestic law, regional and universal human rights regimes, humanitarian law, the law of State responsibility, United Nations practice, and international criminal law including the International Criminal Court. She argues that the international community must now move beyond incomplete and fragmented approaches towards a much more comprehensive redress regime for victims of crimes under international law, and she recommends means by which to enhance the coherence, effectiveness and fairness of victims’ redress.
| Author | : Bernal E. Monge Guevara |
| Publisher | : |
| Total Pages | : 148 |
| Release | : 1998 |
| Genre | : |
| ISBN | : |
| Author | : |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2022 |
| Genre | : |
| ISBN | : 9789294907738 |
On 1 July 2022, the International Criminal Court will celebrate its 20th anniversary. Twenty years ago, the Rome Statute reaffirmed that it is the duty of every state to exercise its criminal jurisdiction over those responsible for core international crimes - the crime of genocide, crimes against humanity and war crimes. The European network of contact points in respect of persons responsible for genocide, crimes against humanity and war crimes (the Genocide Network), hosted by the European Union Agency for Criminal Justice Cooperation (Eurojust), was created precisely to help Member States fulfil this duty, thus supporting the principle of complementarity. In recent years, several conflicts and situations of massive human rights violations - including in Belarus, Iraq, Libya and Syria, to name a few - have attracted attention from the public and the international community, in part because of the violence of the conflicts, and in part owing to their geographical proximity to the EU and direct impact on refugee flows. As a result, victims, civil society and the public have actively scrutinised Member States' efforts to fight against impunity. At the time of publication of this report, the EU and its Member States are facing a crisis unparalleled since the entry into force of the Rome Statute. The Russian invasion of Ukraine and alleged core international crimes committed in that context have sparked many simultaneous initiatives to promote accountability, including the opening of investigations in 11 Member States. The situation will undoubtedly test the EU and its Member States' readiness to tackle core international crimes committed on a large scale. The EU will also need to take a leading role in coordinating the actions of numerous stakeholders.
| Author | : Frank Haldemann |
| Publisher | : Oxford University Press |
| Total Pages | : 481 |
| Release | : 2018 |
| Genre | : Law |
| ISBN | : 0198743602 |
Bringing together leading experts in the field, this volume provides comprehensive academic commentary on the UN Principles to Combat Impunity. The book features the text of each of the 38 Principles, along with a full analysis, detailed commentary, and a guide to relevant literature and case law.
| Author | : Gerhard Werle |
| Publisher | : Springer |
| Total Pages | : 349 |
| Release | : 2016-11-29 |
| Genre | : Law |
| ISBN | : 9462651507 |
This book offers the first comprehensive and in-depth analysis of the provisions of the ‘Malabo Protocol’—the amendment protocol to the Statute of the African Court of Justice and Human and Peoples’ Rights—adopted by the African Union at its 2014 Summit in Malabo, Equatorial Guinea. The Annex to the protocol, once it has received the required number of ratifications, will create a new Section in the African Court of Justice and Human and Peoples’ Rights with jurisdiction over international and transnational crimes, hence an ‘African Criminal Court’. In this book, leading experts in the field of international criminal law analyze the main provisions of the Annex to the Malabo Protocol. The book provides an essential and topical source of information for scholars, practitioners and students in the field of international criminal law, and for all readers with an interest in political science and African studies. Gerhard Werle is Professor of German and Internationa l Crimina l Law, Criminal Procedure and Modern Legal History at Humboldt-Universität zu Berlin and Director of the South African-German Centre for Transnational Criminal Justice. In addition, he is an Extraordinary Professor at the University of the Western Cape and Honorary Professor at North-West University of Political Science and Law (Xi’an, China). Moritz Vormbaum received his doctoral degree in criminal law from the University of Münster (Germany) and his postdoctoral degree from Humboldt-Universität zu Berlin. He is a Senior Researcher at Humboldt-Universität, as well as a coordinator and lecturer at the South African-German Centre for Transnational Criminal Justice.
