Human Rights and International Criminal Law

Human Rights and International Criminal Law PDF

Author: Borhan Uddin Khan

Publisher: International Studies in Human

Published: 2022-03-31

Total Pages: 468

ISBN-13: 9789004447455

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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.

International Criminal Law and Human Rights

International Criminal Law and Human Rights PDF

Author: Claire De Than

Publisher:

Published: 2003

Total Pages: 608

ISBN-13:

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This is an in-depth analysis of the complex and challenging field of international prosecution and human rights. It explains the role and operation of the International Criminal Court, and explores the various challenges confronting it.

The Right to The Truth in International Law

The Right to The Truth in International Law PDF

Author: Melanie Klinkner

Publisher: Routledge

Published: 2019-07-26

Total Pages: 287

ISBN-13: 1317335082

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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.

Des droits de l'homme au droit international pénal

Des droits de l'homme au droit international pénal PDF

Author: Emmanuel Decaux

Publisher: Martinus Nijhoff Publishers

Published: 2007

Total Pages: 785

ISBN-13: 9004160558

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Various analysis mainly in international criminal law and human rights to honour late Judge Laity Kama, first President of the International Criminal Tribunal for Rwanda. Des contributions essentiellement en droit international penal et droit de l'homme pour honorer la memoire de feu le juge Laity Kama, premier president du Tribunal penal international pour le Rwanda.

International Prosecution of Human Rights Crimes

International Prosecution of Human Rights Crimes PDF

Author: Wolfgang Kaleck

Publisher: Springer Science & Business Media

Published: 2006-11-22

Total Pages: 222

ISBN-13: 3540462783

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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.

A Practical Guide to Using International Human Rights and Criminal Law Procedures

A Practical Guide to Using International Human Rights and Criminal Law Procedures PDF

Author: Connie de la Vega

Publisher: Edward Elgar Publishing

Published: 2019

Total Pages: 171

ISBN-13: 178811972X

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This book is a practical, experience-based guide for advocates seeking remedies for human rights violations through the use of international institutions. Since 1948, when the United Nations adopted the Universal Declaration of Human Rights, mechanisms for addressing human rights violations have multiplied to include UN Charter based bodies, treaty-based organizations including the international criminal court, and regional institutions. Each mechanism has its own admissibility requirements: accreditation, timeliness of claims, and exhaustion of remedies. For practitioners, the maze of rules and institutions can be difficult to navigate. This book offers step-by-step approaches for maximizing the institutions’ intended effect–promotion of human rights at all levels.

Convergences and Divergences Between International Human Rights, International Humanitarian and International Criminal Law

Convergences and Divergences Between International Human Rights, International Humanitarian and International Criminal Law PDF

Author: Paul De Hert

Publisher:

Published: 2018

Total Pages: 0

ISBN-13: 9781780686400

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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.

The Right to Appeal in International Criminal Law

The Right to Appeal in International Criminal Law PDF

Author: Drazan Djukić

Publisher: Martinus Nijhoff Publishers

Published: 2019-05-15

Total Pages: 303

ISBN-13: 9004366687

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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.

The Presumption of Innocence in International Human Rights and Criminal Law

The Presumption of Innocence in International Human Rights and Criminal Law PDF

Author: Michelle Coleman

Publisher: Routledge

Published: 2021-03-03

Total Pages: 148

ISBN-13: 1000352331

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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.