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From Human Rights to International Criminal Law / Des droits de l'homme au droit international pénal

From Human Rights to International Criminal Law / Des droits de l'homme au droit international pénal
Author: Emmanuel Decaux
Publisher: BRILL
Total Pages: 784
Release: 2007-06-30
Genre: Law
ISBN: 9047420446

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Judge Laïty Kama, the first president of the International Criminal Tribunal for Rwanda, died 5 years ago. He was a Senegalese Judge, and a Human Rights expert within the United Nations. This collection of essays on international criminal law and human rights is published to honour him. They are signed by his colleagues of the Arbitrary Detention Working Group or new members, Judges from the ad hoc Tribunals and the International Criminal Court, Lawyers and Jurists from different places. Deep analysis of various human rights issues and the jurisprudence of the international criminal court and tribunals are provided here, to reflect areas of interest to the late Judge Kama. Le juge Laïty Kama, premier président du Tribunal pénal international pour le Rwanda, est décédé il y a cinq ans de cela. Il était à la fois un juge au Sénégal, et un expert des droits de l'homme pour les Nations Unies. Ces mélanges viennent honorer sa mémoire. Les contributions sont signées d'anciens collègues experts ou juges, des juristes de tous les horizons et offrent une analyse approfondie de diverses questions de droits de l'homme et de droit international pénal, notamment la jurisprudence des juridictions pénales internationales, des champs d'intérêt pour feu le juge Kama.


Human Rights and International Criminal Law

Human Rights and International Criminal Law
Author: Borhan Uddin Khan
Publisher: BRILL
Total Pages: 466
Release: 2022-03-16
Genre: Law
ISBN: 9004447466

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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.


The Right to The Truth in International Law

The Right to The Truth in International Law
Author: Melanie Klinkner
Publisher: Routledge
Total Pages: 287
Release: 2019-07-26
Genre: Law
ISBN: 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.


International Criminal Tribunals and Human Rights Law

International Criminal Tribunals and Human Rights Law
Author: Krit Zeegers
Publisher: Springer
Total Pages: 438
Release: 2016-04-13
Genre: Law
ISBN: 9462651027

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This book addresses the interpretation and application of human rights norms by International Criminal Tribunals (ICTs). Such Tribunals are widely heralded as human rights defenders. At the same time, however, they employ activities that necessary entail the risk of human rights violations: they conduct criminal investigations, arrest and detain individuals, and put them on trial. This book investigates this flip-side of the ICTs’ relationship with international human rights law, and focuses on the ICTs’ own interpretation and application of human rights norms. First, the book addresses whether and how ICTs are bound by human rights law, since unlike states, they do not sign or ratify human rights conventions. Second, the book provides an in-depth analysis of the way in which ICTs interpret and apply human rights norms, compared to the way in which these norms are interpreted in a traditional state-context. Relying on the unique circumstances in which they operate, ICTs have often deviated from generally accepted interpretations of human rights. The author critically examines this so-called contextual approach and seeks to recommend ways in which ICTs can improve their interpretative practice by giving due regard to the context in which they operate, while still providing adequate human rights protection. Addressing the ICTs’ possible leeway in terms of contextualization, this book contributes to the broader debates about adherence to human rights norms in international law. Krit Zeegers is an Associate at Allen & Overy LLP, Amsterdam, and previously worked as a researcher / junior lecturer at the University of Amsterdam.


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

A Practical Guide to Using International Human Rights and Criminal Law Procedures
Author: Connie de la Vega
Publisher: Edward Elgar Publishing
Total Pages: 171
Release: 2019
Genre: Political Science
ISBN: 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.


International Criminal Law and Human Rights

International Criminal Law and Human Rights
Author: Manoj Kumar Sinha
Publisher:
Total Pages: 393
Release: 2010
Genre: Criminal procedure (International law)
ISBN: 9788178312132

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Human Rights and Criminal Justice for the Downtrodden

Human Rights and Criminal Justice for the Downtrodden
Author: Morten Bergsmo
Publisher: BRILL
Total Pages: 850
Release: 2021-08-04
Genre: Law
ISBN: 9004482113

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This book contains essays by leading international experts in the areas of international criminal law and international human rights law. Part One of the book contains eight essays in international criminal law, covering issues such as the crime of aggression; terrorism and the Statute of the International Criminal Court; the evolution of the law on crimes against humanity and genocide; the doctrine of universal jurisdiction; and the relationship between international human rights and international criminal law jurisprudence. Part Two has eight essays on economic, social and cultural rights, covering inter alia the right to development; genetic resources for food and agriculture; the right to food (also in armed conflict); the definition of cultural rights; and business and human rights. Part Three has six essays on minority rights dealing with issues such as the role of the Working Group on Minorities; the Hague, Oslo and Lund recommendations regarding minority questions; the protection of kin-minorities; and the situation of the Greenlanders. Part Four has fourteen essays on human rights issues such as citizenship and human rights; human rights law, the environment and indigenous peoples; the role of human rights institutions; leadership in the human rights movement; the sources of fundamental rights in the European Union; and human rights and traditional practices. The book also contains a comprehensive bibliography of Asbjørn Eide.


International Criminal Law: the Law of Somebodiness - the Law of Nobodiness

International Criminal Law: the Law of Somebodiness - the Law of Nobodiness
Author: Farhad Malekian
Publisher: Nova Sciencepublishers Incorporated
Total Pages: 401
Release: 2020-11-20
Genre:
ISBN: 9781536186932

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Malekian introduces two new terms into the system of international criminal law. These are the law of somebodiness and the law of nobodiness. From the lowest to highest level of the provisions of international human rights law, international criminal law, and the Statute of the Permanent International Criminal Court, the philosophical assumption throughout is to preserve the heritage of the body of the law of somebodiness and prevent the imposition of the law of nobodiness. Individuals and groups, regardless of their ethnic composition, possess a certain universal united essence which should not be disregarded, and which should not put them in the position of nobodiness in the legislation of any state. Therefore, the law of somebodiness is the missing ingredient in our legal system, and its existence contributes to the collective good of humanity. The law contests any law which authorises the use of force, the production of weapons for war, or which grants permission to kill under any circumstance. In contrast, the law of nobodiness is a brutal law which violates the rights of human beings, and which may be used to conceal crimes and contribute to the deaths of millions of individuals by presenting the false truth in order to allow the monopolisation of economic resources, the rights of victims, property, and land. The unique and innovative principles of this book establish the right reason for justice in international legal and political disciplines.This book is recommended to all those who are engaged in questions of human personal values as a union of true law. It includes not only students of law and politics, but lawyers, judges, prosecutors, and politicians as well.


Humanness as a Protected Legal Interest of Crimes Against Humanity

Humanness as a Protected Legal Interest of Crimes Against Humanity
Author: Rustam Atadjanov
Publisher: Springer
Total Pages: 324
Release: 2019-06-13
Genre: Law
ISBN: 9462652996

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Central to this book is the concept of humanity in international law. It traces the evolution of that concept within international law, studies the existing theories of crimes against humanity, and lays out its own theory based on an inclusive view of “humanity”. Crimes against humanity are core crimes under international law; their modern definition is found in the Rome Statute. However, their protective scope remains unclear, with the exact meaning of “humanity” left undefined in law. The proposed theory argues that “humanity” should be understood as “humanness” and crimes against humanity should be criminalised because humanness constitutes these crimes’ valid protected interest. This volume in the International Criminal Justice Series offers an analysis of the German doctrine of Rechtsgut to justify the penalization of crimes against humanity at both domestic and international levels. This is the first monograph on crimes against humanity written by an author from the Commonwealth of Independent States (CIS) aimed at an international audience, and should constitute a useful tool for academics, students and practitioners of international law. Rustam Atadjanov, LLB, LLM, Dr.jur., attained his Ph.D. at the University of Hamburg in Germany and is a former Legal Adviser to the Regional Delegation of the International Committee of the Red Cross in Central Asia, Tashkent, Uzbekistan.


Human Rights in International Criminal Proceedings

Human Rights in International Criminal Proceedings
Author: Salvatore Zappalà
Publisher:
Total Pages: 280
Release: 2003
Genre: Human rights
ISBN:

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Dealing with the protection of human rights in international criminal proceedings, this book's basic assumption is that human rights are the yardstick against which to measure the conformity of international criminal proceedings with the rule of law and fundamental principles of justice.