The European Court of Human Rights as a Pathway to Impunity for International Crimes

April 21, 2010|
The European Court of Human Rights as a Pathway to Impunity for International Crimes by Sonja C. Grover
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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.
Sonja C. Grover, Ph.D., is a Professor with Lakehead University, Canada. She has authored 7 books and over 80 refereed articles; over 60 on the topic of human rights published in leading international human rights and law journals, has presented numerous international conference papers and published book chapters in this field. She has...
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Title:The European Court of Human Rights as a Pathway to Impunity for International CrimesFormat:HardcoverProduct dimensions:298 pages, 9.25 X 6.1 X 0 inShipping dimensions:298 pages, 9.25 X 6.1 X 0 inPublished:April 21, 2010Publisher:Springer-Verlag/Sci-Tech/TradeLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:3642107974

ISBN - 13:9783642107979

Appropriate for ages: All ages

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