Prosecuting Serious Human Rights Violations

Hardcover | August 9, 2009

byAnja Seibert-Fohr

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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 internationalcriminal law, the question why and to what extent criminal prosecution is a necessary means of human rights protection has hardly been addressed in a comprehensive analysis. This book is the first to examine the duty to prosecute serious human rights violations. It does so by exploring the conceptsof impunity and amnesties, and by exposing flaws in criminal proceedings.With its survey of the relevant human rights instruments and jurisprudence, Prosecuting Serious Human Rights Violations 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 withcriminalization, 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, providing a unique toolof reference for scholars and practitioners working in this area of law. As the analysis reveals shortcomings in the current conceptualization of the prosecution of human rights violations, the author develops a solid theoretical framework for future jurisprudence. By evaluating the relationshipbetween 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 alsorelevant 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.

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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 internationalcriminal law, the question why and to what extent...

Dr. Anja Seibert-Fohr heads the Minerva Research Group at the Max-Planck Institute for Comparative Public Law and International Law in Heidelberg. She holds law degrees from Germany and the United States and received her Doctorate of Juridical Science with Thomas Buergenthal as her advisor. As a senior researcher at the Max Planck In...

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Hardcover|Mar 16 2015

$187.43 online$217.35list price
Format:HardcoverDimensions:350 pages, 9.21 × 6.14 × 0.01 inPublished:August 9, 2009Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199569320

ISBN - 13:9780199569328

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Table of Contents

1. Recent Developments2. Prosecution under the International Covenant on Civil and Political Rights3. Punishment under the American Convention on Human Rights4. Prosecution under the European Convention of Human Rights5. Comparing the Different Approaches to Prosecution and Punishment6. Universal Conventions Explicitly Requiring Prosecution7. Evaluation: The Duty to Prosecute and Its Proper Legal Rationale8. Prosecution under the Geneva Conventions9. Prosecution under the Rome Statute of the International Criminal Court10. Prosecution under Customary International Law11. Conclusion