Anja Seibert-Fohr
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199569328
- eISBN:
- 9780191721502
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199569328.001.0001
- Subject:
- Law, Human Rights and Immigration, Criminal Law and Criminology
Criminal punishment is increasingly regarded as a necessary element of human rights protection. There is a growing conviction at the international level that those responsible for the most serious ...
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Criminal punishment is increasingly regarded as a necessary element of human rights protection. There is a growing conviction at the international level that those responsible for the most serious crimes should not go unpunished. Though there is a wealth of legal writing on international criminal law, the question why and to what extent criminal prosecution is a necessary means of human rights protection has hardly been addressed comprehensively. This book examines the duty to prosecute serious human rights violations. It does so by exploring the concepts of impunity and amnesties, and by exposing flaws in criminal proceedings. With its survey of the relevant human rights instruments and jurisprudence, the subject of this book is placed at the interface of international criminal law and international human rights. The book analyses the rapidly growing body of human rights case law, dealing with criminalization, prosecution, and punishment of serious human rights violations. It identifies and critically examines the standards for the conduct of criminal proceedings developed by the European and Inter-American Courts of Human Rights and the UN Human Rights Committee. As the analysis reveals shortcomings in the current conceptualization of the prosecution of human rights violations, the book develops a solid theoretical framework for future jurisprudence. By evaluating the relationship between criminal law and the protection of human rights, the book elucidates not only the potential but also the limits of the role human rights law can play in the emerging concept of international criminal justice. The underlying rationale for prosecuting serious human rights violations is also relevant for post-conflict situations, in which it is often argued that criminal punishment threatens peace and reconciliation. The question how to deal with post-conflict justice under international law is a continuing theme throughout the book.Less
Criminal punishment is increasingly regarded as a necessary element of human rights protection. There is a growing conviction at the international level that those responsible for the most serious crimes should not go unpunished. Though there is a wealth of legal writing on international criminal law, the question why and to what extent criminal prosecution is a necessary means of human rights protection has hardly been addressed comprehensively. This book examines the duty to prosecute serious human rights violations. It does so by exploring the concepts of impunity and amnesties, and by exposing flaws in criminal proceedings. With its survey of the relevant human rights instruments and jurisprudence, the subject of this book is placed at the interface of international criminal law and international human rights. The book analyses the rapidly growing body of human rights case law, dealing with criminalization, prosecution, and punishment of serious human rights violations. It identifies and critically examines the standards for the conduct of criminal proceedings developed by the European and Inter-American Courts of Human Rights and the UN Human Rights Committee. As the analysis reveals shortcomings in the current conceptualization of the prosecution of human rights violations, the book develops a solid theoretical framework for future jurisprudence. By evaluating the relationship between criminal law and the protection of human rights, the book elucidates not only the potential but also the limits of the role human rights law can play in the emerging concept of international criminal justice. The underlying rationale for prosecuting serious human rights violations is also relevant for post-conflict situations, in which it is often argued that criminal punishment threatens peace and reconciliation. The question how to deal with post-conflict justice under international law is a continuing theme throughout the book.
Anja Seibert-Fohr
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199569328
- eISBN:
- 9780191721502
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199569328.003.0002
- Subject:
- Law, Human Rights and Immigration, Criminal Law and Criminology
This chapter elaborates on the role prosecution plays for the protection of human rights under the International Covenant on Civil and Political Rights. It analyses the standards of this universal ...
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This chapter elaborates on the role prosecution plays for the protection of human rights under the International Covenant on Civil and Political Rights. It analyses the standards of this universal instrument for the conduct of criminal proceedings against human rights offenders, and explains how the UN Human Rights Committee has developed its doctrine on whether and why there is a treaty obligation to prosecute and punish serious violations of the ICCPR. A detailed and structured representation of the relevant provisions and the pertinent jurisprudence are provided to act as a guide through the wealth of cases. The chapter elaborates which human rights violations require criminal prosecution, why prosecution is essential for the protection of human rights, and under which circumstances the call for criminal measures may be compromised. It also considers victim rights and the validity of amnesties and alternative forms of post-conflict justice. The chapter concludes with a summary and outlook.Less
This chapter elaborates on the role prosecution plays for the protection of human rights under the International Covenant on Civil and Political Rights. It analyses the standards of this universal instrument for the conduct of criminal proceedings against human rights offenders, and explains how the UN Human Rights Committee has developed its doctrine on whether and why there is a treaty obligation to prosecute and punish serious violations of the ICCPR. A detailed and structured representation of the relevant provisions and the pertinent jurisprudence are provided to act as a guide through the wealth of cases. The chapter elaborates which human rights violations require criminal prosecution, why prosecution is essential for the protection of human rights, and under which circumstances the call for criminal measures may be compromised. It also considers victim rights and the validity of amnesties and alternative forms of post-conflict justice. The chapter concludes with a summary and outlook.
Anja Seibert-Fohr
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199569328
- eISBN:
- 9780191721502
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199569328.003.0007
- Subject:
- Law, Human Rights and Immigration, Criminal Law and Criminology
While the previous part of the book considers treaty law this chapter turns to the question of whether customary international law provides for a duty to prosecute serious human rights violations. It ...
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While the previous part of the book considers treaty law this chapter turns to the question of whether customary international law provides for a duty to prosecute serious human rights violations. It departs from an analysis of the protection of aliens as a precursor of human rights law and turns to contemporary concepts of general international law. Reference is made to international criminal law, to the emerging concept of State responsibility for human rights violations, and its relevance for criminal procedure. The chapter critically evaluates the idea of state crimes in international law. It also considers universal jurisdiction and the concept of aut dedere aut judicare. Finally, a description of current State practice highlights recent standards for post-conflict justice and explains the limited scope for amnesties. The chapter concludes with a summary.Less
While the previous part of the book considers treaty law this chapter turns to the question of whether customary international law provides for a duty to prosecute serious human rights violations. It departs from an analysis of the protection of aliens as a precursor of human rights law and turns to contemporary concepts of general international law. Reference is made to international criminal law, to the emerging concept of State responsibility for human rights violations, and its relevance for criminal procedure. The chapter critically evaluates the idea of state crimes in international law. It also considers universal jurisdiction and the concept of aut dedere aut judicare. Finally, a description of current State practice highlights recent standards for post-conflict justice and explains the limited scope for amnesties. The chapter concludes with a summary.
Timothy Waters
- Published in print:
- 2014
- Published Online:
- January 2014
- ISBN:
- 9780199795840
- eISBN:
- 9780199345274
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199795840.001.0001
- Subject:
- Law, Public International Law, Criminal Law and Criminology
This book examines the most controversial war crimes trial of the modern era and its contested legacy for the growing fields of international criminal law and post-conflict justice. The international ...
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This book examines the most controversial war crimes trial of the modern era and its contested legacy for the growing fields of international criminal law and post-conflict justice. The international trial of Slobodan Milošević, who presided over the violent collapse of Yugoslavia, was already among the longest war crimes trials when Milošević died in 2006. Yet precisely because it ended without judgment, its significance and legacy are specially contested. The chapters here examine the meaning of the trial's termination and its implications for post-conflict justice. The book's approach is intensively cross-disciplinary, weighing the implications for law, politics, and society that modern war crimes trials create.Less
This book examines the most controversial war crimes trial of the modern era and its contested legacy for the growing fields of international criminal law and post-conflict justice. The international trial of Slobodan Milošević, who presided over the violent collapse of Yugoslavia, was already among the longest war crimes trials when Milošević died in 2006. Yet precisely because it ended without judgment, its significance and legacy are specially contested. The chapters here examine the meaning of the trial's termination and its implications for post-conflict justice. The book's approach is intensively cross-disciplinary, weighing the implications for law, politics, and society that modern war crimes trials create.
