Although sexual violence directed at both females and males is a reality in many on-going conflicts throughout the world today, accountability for the perpetrators of such violence remains the exception rather than the rule. While awareness of the problem is growing, more effective approaches are urgently needed for the investigation and prosecution of conflict-related sexual violence crimes. Upon its establishment in 1993, the Office of the Prosecutor (OTP) of the International Criminal Tribunal for the Former Yugoslavia (ICTY) began the challenging task of prosecuting the perpetrators of conflict-related sexual violence crimes, alongside the many other atrocities committed during the conflicts in the former Yugoslavia. This book documents the experiences, achievements, challenges, and fundamental insights of the OTP in prosecuting conflict-related sexual violence crimes at the ICTY over the past two decades. It draws on an extensive dossier of OTP documentation, court filings, trial exhibits, testimony, ICTY judgements, and other materials, as well as interviews with current and former OTP staff members. The authors provide a unique analytical perspective on the obstacles faced in prioritizing, investigating, and prosecuting conflict-related sexual violence crimes. While ICTY has made great stridesin developing international criminal law in this area, this volumeexposes the pressing need for determined and increasingly sophisticated strategies in order to overcome the ongoing obstacles in prosecuting conflict-related sexual violence crimes. The book presents concrete recommendations to inform future work being done at the national and international levels, including that of the International Criminal Court, international investigation commissions, and countries developing transitional justice processes. It provides an essential resource for investigators and criminal lawyers, human rights fact-finders, policy makers, rule of law experts, and academics.

The book systematically analyses the relationship and interaction between rules of engagement (ROE) and the legal framework regulating armed conflicts, both at the international and national levels. At the international level, the relationship between ROE and human rights law and international humanitarian law is explored. At the national level, the book relates ROE to (comparative) criminal law. A separate chapter analyses the complex relationship between self-defence law and rules of engagement. It is the first monograph to comprehensively examine these issues and to analyse how ROE interact with the various sources of the (international) law of military operations, both in terms of the law as a source for these rules and how the law is reflected and implemented through them. In doing so, and based on the author's own experience, the book provides examples of how complicated, often controversial issues of law can be resolved while keeping the rules understandable at all levels of military operations. Aimed at both scholars and practitioners, the book provides a bridge between the academic world and the operational world. It provides new insights for both of those audiences in terms of understanding how the law applies to - and through - the rules on the use of force for military operations.

Der Sicherheitsrat der Vereinten Nationen beschloss im Februar 1993 die Errichtung des Internationalen Strafgerichtshofs fur das ehemalige Jugoslawien. Art. 15 des Statuts ubertrug den Richtern die Ausformung der Prozessordnung. Art. 20 Abs. 1 verpflichtet die Richter zur Gewahrleistung eines fairen Verfahrens. Vor diesem Hintergrund ist Gegenstand der vorliegenden Arbeit eine Untersuchung der Umsetzung dieser Vorgaben bei der Konstituierung und Zusammensetzung der Richterschaft des Tribunals, seiner Vorgehensweise bei der Ausformung des Prozessrechts sowie der geschaffenen Prozessordnung."

The Concept of the Civilian: Legal Recognition, Adjudication and the Trials of International Criminal Justice offers a critical account of the legal shaping of civilian identities by the processes of international criminal justice. It draws on a detailed case-study of the International Criminal Tribunal for the former Yugoslavia to explore two key issues central to these justice processes: first, how to understand civilians as a social and legal category of persons and second, how legal practices shape victims' identities and redress in relation to these persons. Integrating socio-legal concepts and methodologies with insights from transitional justice scholarship, Claire Garbett traces the historical emergence of the concept of the civilian, and critically examines how the different stages of legal proceedings produce its conceptual form in distinction from that of combatants. This book shows that the very notions of civilian, protection and redress that underpin current practices of international criminal justice continue to evoke both definitional difficulties and analytic contestation. Using a unique interdisciplinary approach, the author provides a critical analysis of the relationship between mechanisms of transitional justice and civilians that will be of interest to scholars and students in the fields of transitional justice, sociology, law, politics and human rights.

Cultural defences, i.e. claims that certain aspects of a defendant's cultural background should be taken into consideration by courts when adjudicating on their guilt or innocence, have been raised before domestic courts in a variety of jurisdictions. This has been a very sensitive and controversial issue. However, the issue of cultural defences at international tribunals is one that has not yet been fully explored. The main objective of this book is to analyse if the International Criminal Court can, and should, accommodate cultural defences as answers to legal charges, or if the Court should accommodate cultural considerations in other ways.

The law of the EU has an increasing effect on domestic criminal law and poses a growing number of questions to practitioners and their clients. What happens if a client has commited a crime in another country? What if crimes have been committed in multiple countries? What limits does the EU impose on sentencing? In what circumstances can a European Arrest Warrant be granted, and how can a Warrant be challenged? What will be the impact on EU law measures if the UK Government exercises an opt-out? Answering these questions, and offering clear, practical assistance to those working in this complex area, EU Law in Criminal Practice is the only book to offer a comprehensive and practical guide to the interplay between European Union law and UK criminal practice. It enables the busy criminal practitioner to understand the legal landscape that the Treaty of Lisbon created, offering a thorough and practitioner-focused analysis of the relevant regulations and case law. From explanation of the institutional framework through to the substantive law of offences, sentencing, and appeals, the book is an invaluable guide for all engaged in modern criminal practice.

Terrorism: Commentary on Security Documents is a series that provides primary source documents and expert commentary on various topics in the worldwide effort to combat terrorism. Among the documents collected are transcripts of Congressional testimony, reports by such federal government bodies as the Congressional Research Service (CRS) and the Government Accountability Office (GAO), United Nations Security Council resolutions, reports and investigations by the United Nations Secretary-General and other dedicated UN bodies, and case law from the U.S. and around the globe covering issues related to terrorism. Most volumes carry a single theme, and inside each volume the documents appear within topic-based categories. The series also includes a subject index and other indices that guide the user through this complex area of the law. Volume 129, Detention Under International Law: The State of Emergency Exception and Evolving Topics, is the second in a three-volume arc that looks at detention under international law. In this volume, Professor Kristen Boon describes how international human rights instruments and courts at the regional and multinational levels have carved out a "state of emergency" exception to allow for detention in some circumstances. This volume frames and discusses two emerging topics in detention: the right of habeas corpus (the right to challenge one's detention), and the broadening intersection between international human rights law and international humanitarian law. Professor Boon illustrates her commentary by organizing treaties, reports by UN agencies and non-governmental organizations, judgments in regional international human rights courts, and through comments, adjudications, and reports from UN human rights treaty bodies.

This book provides the first comprehensive legal analysis of the twelve war crimes trials held in the American zone of occupation between 1946 and 1949, collectively known as the Nuremberg Military Tribunals (NMTs). The judgments the NMTs produced have played a critical role in the development of international criminal law, particularly in terms of how courts currently understand war crimes, crimes against humanity, and the crime of aggression. The trials are also of tremendous historical importance, because they provide a far more comprehensive picture of Nazi atrocities than their more famous predecessor, the International Military Tribunal at Nuremberg (IMT). The IMT focused exclusively on the 'major war criminals'-the Goerings, the Hesses, the Speers. The NMTs, by contrast, prosecuted doctors, lawyers, judges, industrialists, bankers-the private citizens and lower-level functionaries whose willingness to take part in the destruction of millions of innocents manifested what Hannah Arendt famously called 'the banality of evil'.
The book is divided into five sections. The first section traces the evolution of the twelve NMT trials. The second section discusses the law, procedure, and rules of evidence applied by the tribunals, with a focus on the important differences between Law No. 10 and the Nuremberg Charter. The third section, the heart of the book, provides a systematic analysis of the tribunals' jurisprudence. It covers Law No. 10's core crimes-crimes against peace, war crimes, and crimes against humanity-as well as the crimes of conspiracy and membership in a criminal organization. The fourth section then examines the modes of participation and defenses that the tribunals recognized. The final section deals with sentencing, the aftermath of the trials, and their historical legacy.

Corruption undermines nearly all key legal and developmental priorities today, including the effective functioning of democratic institutions and honest elections; environmental protection; human rights and human security; international development programs; and fair competition for global trade and investment. This book chronicles the global anticorruption steps taken since the movement advanced after the end of the Cold War. It provides a realistic assessment of the present state of affairs by critically evaluating what existing anticorruption programs and treaties have accomplished and documenting their shortcomings, while developing an action agenda for the next decade. The authors argue that reformative action is imperative, and the forces of globalization and digital communication will level the playing field and erode the secrecy corruption requires. They define corruption, document its effects, discuss the initiatives that changed public perception, analyze the lessons learned, and then evaluate how to move forward with existing initiatives charting a new path with new, differentiated strategies.

Martin Luther King, Jr. once said 'the arc of the moral universe is long, but it bends toward justice.' Testing the optimism of that claim were the many fits and starts in the struggle for human rights that King helped to catalyze. The same is true of other events in the last half-century, from resistance to apartheid and genocide to equal and fair treatment in domestic criminal justice systems, to the formation of entities to prevent atrocities and to bring their perpetrators to justice. Within this display of myriad arcs may be found the many persons who helped shape this half-century of global justice-and prominent among them is William A. Schabas. His panoramic scholarship includes dozens of books and hundreds of articles, and he also has served as an influential policymaker, advocate, and mentor. This work honours William A. Schabas and his career with essays by luminary scholars and jurists from Africa, Asia, Europe, and the Americas. The essays examine contemporary, historical, cultural, and theoretical aspects of the many arcs of global justice with which Professor Schabas has engaged, in fields including public international law, human rights, transitional justice, international criminal law, and capital punishment.

How did the United States, a nation known for protecting the "right to remain silent" become notorious for condoning and using controversial tactics like water boarding and extraordinary rendition to extract information? What forces determine the laws that define acceptable interrogation techniques and how do they shift so quickly from one extreme to another?
In Confessions of Guilt, esteemed scholars George C. Thomas III and Richard A. Leo tell the story of how, over the centuries, the law of interrogation has moved from indifference about extreme force to concern over the slightest pressure, and back again. The history of interrogation in the Anglo-American world, they reveal, has been a swinging pendulum rather than a gradual continuum of violence.
Exploring a realist explanation of this pattern, Thomas and Leo demonstrate that the law of interrogation and the process of its enforcement are both inherently unstable and highly dependent on the perceived levels of threat felt by a society. Laws react to fear, they argue, and none more so than those that govern the treatment of suspected criminals.
From England of the late eighteenth century to America at the dawn of the twenty-first, Confessions of Guilt traces the disturbing yet fascinating history of interrogation practices, new and old, and the laws that govern them. Thomas and Leo expertly explain the social dynamics that underpin the continual transformation of interrogation law and practice and look critically forward to what their future might hold.

Terrorism: Commentary on Security Documents is a series that provides primary source documents and expert commentary on the worldwide counter-terrorism effort. Among the documents collected are transcripts of Congressional testimony, reports by such federal government bodies as the Congressional Research Service (CRS) and the Government Accountability Office (GAO), and case law covering issues related to terrorism. Each volume carries a single theme, and inside each volume the documents appear within topic-based categories. The series also includes a subject index and other indices that guide the user through this complex area of the law. Volume 121, Nuclear Non-Proliferation Treaty, covers recent developments relating to the 2010 NPT Review Conference, primarily those pertaining to Iran and North Korea. After the 2005 Review Conference ended without a final consensus declaration due to disputes over Iran's nuclear activities, Israel's nuclear program, and implementation of the Middle East nuclear weapon-free zone, the lack of consensus in 2005 combined with continued concern over the nuclear programs of Iran and North Korea made the 2010 Review Conference a critical moment in the achievement of the NPT's goals. Kristen Boon provides introductory analysis of the key documents relating to the NPT generally and the 2010 NPT Review Conference in particular. The documents in this volume include the Final Declaration of the 2000 Conference, statements made by the key parties at the 2010 Conference, the Final Statement of the 2010 Conference, and related UN Security Council resolutions from 2009 and 2010. Professor Boon also includes renewed discussion of two critical past documents, the U.S. Nuclear Posture Review Report of April 6, 2010, and the U.S. National Security Strategy of May 27, 2010.

Terrorism: Commentary on Security Documents is a series that provides primary source documents and expert commentary on the worldwide counter-terrorism effort. Among the documents collected are transcripts of Congressional testimony, reports by such federal government bodies as the Congressional Research Service (CRS) and the Government Accountability Office (GAO), and case law covering issues related to terrorism. Most volumes carry a single theme, and inside each volume the documents appear within topic-based categories. The series also includes a subject index and other indices that guide the user through this complex area of the law. Volume 122, U.N. Response to Al Qaeda-Developments Through 2011, discusses recent actions by the United Nations in response to Al-Qaeda, particularly focusing on sanctions under Security Council Resolution 1267 as well as regional responses and court challenges to 1267 sanctions. The documents introduced by Kristen Boon include the key Security Council resolutions, EU regulations, court decisions, and reports by Security Council committees and external bodies.

With the publication of Terrorism: Commentary on Security Documents, Index IV, Oxford University Press continues to provide periodic stand-alone volumes containing cumulative indexes for the individual volumes in the series. Index IV (covering Terrorism Vols. 101-120) adds to the previous index volumes in order to ensure comprehensive searchability within the series. The availability of the cumulative index as well as the volume-specific indexes makes the series more convenient for the reader and provides the researcher with multiple ways to search for information. Index IV also features improved double-columned index formatting, for ease of use in a more compact volume. Although each volume in Terrorism: Commentary on Security Documents contains its own volume-specific index, this comprehensive index fully indexes the last twenty volumes in the Terrorism series. Only subject indexes are included in the individual volumes, whereas this comprehensive index includes five different types of indexes including a subject index, an index organized according to the title of the document, an index based on the name of the document's author, an index correlated to the year of the document, and a subject-by-year index. This cumulative index volume therefore provides readers with multiple ways to conduct research within Volumes 101-120 of Terrorism: Commentary on Security Documents.

Realizing Utopia is a collection of essays by a group of innovative international jurists. Its contributors reflect on some of the major legal problems facing the international community and analyse the inconsistencies or inadequacies of current law. They highlight the elements - even if minor, hidden, or emerging - that are likely to lead to future changes or improvements. Finally, they suggest how these elements can be developed, enhanced, and brought to fruition in the next two or three decades, with a view to achieving an improved architecture of world society or, at a minimum, to reshaping some major aspects of international dealings. Contributions to the book thus try to discern the potential, in the present legal construct of world society, that might one day be brought to light in a better world. As the impact of international law on national legal orders continues to increase, this volume takes stock of how far international law has come and how it should continue to develop. The work features an impressive list of contributors, including many of the leading authorities on international law and several judges of the International Court of Justice.

The responses of governments and international institutions to terrorism raise some of the most controversial issues of the twenty-first century. In particular, attempts to balance the desire to achieve security with the safeguarding of human rights and other aspects of the rule of law have proved to be highly contentious. This book is unique, not only in terms of its multinational, multidisciplinary nature, but also due to its truly comprehensive approach. It reviews, and examines, the interrelationship between the four principal elements of the international rule of law framework (international human rights, humanitarian, criminal, and refugee/asylum law) within in which counter-terrorism responses should occur. It focuses primarily on some of the most pressing, emerging, and/or under-researched issues and tensions. These include policy choices associated with meeting security imperatives; the tensions between the criminal justice, or preventive, approach to counter-terrorism and the military approach; the identification of lacunae within existing legal frameworks; and tensions between executive, judicial, and legislative responses. These matters are examined at the national, regional, and international levels. The book addresses a wide spectrum of issues, including analysis of key legal principles; emergency and executive measures; radicalization; governmental and institutional impunity; classification, administration and treatment of battlefield detainees; the use of lethal force ; forms of, and treatment in, detention;non-refoulement; diplomatic assurances; interrogation versus torture; extraordinary rendition; discrimination; justice and reparations for victims of terrorist attacks and security responses; (mis)use of military courts, commissions, and immigration tribunals; judicial and institutional developed and emerging rule of law norms on terrorism; non-judicial oversight by means of democratic accountability; and the identification and analysis of best practices, including inter-regional judicial and other forms of cooperation, and developed practices for the handling and use of sensitive information. Drawing together an impressive spectrum of legal and non-legal, national and institutional, practitioner, policy, and academic expertise, this book is an essential and comprehensive reference work on counter-terrorism policy, practice, and law-making.

Terrorism: Commentary on Security Documents is a hardbound series that provides primary-source documents and expert commentary on the worldwide counter-terrorism effort. Among the documents collected are transcripts of Congressional testimony, reports by such federal government bodies as the Congressional Research Service (CRS) and the Government Accountability Office (GAO), and case law covering issues related to terrorism. Most volumes carry a single theme, and inside each volume the documents appear within topic-based categories. The series also includes a subject index and other indices that guide the user through this complex area of the law. Volume 119, Catastrophic Possibilities Threatening U.S. Security, discusses the nightmare scenario of a catastrophic attack on the United States. While the U.S. national security apparatus remains focused on the "wars" in Iraq and Afghanistan and appears to be postulating a future international security environment defined largely by threats increasingly posed by weak, failing, and failed states, astute strategists are not discounting the possibility of a catastrophic attack on the United States. In this volume, Douglas Lovelace presents a number of documents that help describe, explain, and assess the nature and severity of the threat of a catastrophic attack. Offering expert commentary for each section, Lovelace groups the documents into three categories: Catastrophic Potentialities in the International Security Environment, Countering the Proliferation of Nuclear Weapons and Nuclear Materials, and Catastrophic Cyber Attack. Documents include a Department of Defense overview of the four categories of strategic challenges, a Government Accountability Office report addressing weapons of mass destruction and the actions needed to allocate resources for counterproliferation programs, and an insightful overview of the threat of catastrophic cyber-attack by the Department of Homeland Security. The commentary and primary sources in Volume 119 will apprise researchers and practitioners of international law and national security of the perils of a catastrophic attack against the United States posed by terrorists, radicals, state failure, and humanitarian disasters.

Die Anordnung der Untersuchungshaft wird haufig als vorschnell oder ungerechtfertigt kritisiert. Diese Problematik erkannte der Gesetzgeber fruhzeitig und trat ihr durch strenge normative Voraussetzungen und Begrundungsanforderungen entgegen. Der Autor untersucht, ob die gesetzlichen Begrundungsanforderungen in der Praxis erfullt werden oder ob vielmehr auf allgemeine Begrundungsmuster zuruckgegriffen und damit eine einzelfallbezogene Begrundung umgangen wird. Dies dient nicht nur der Ermittlung der Rechtswirklichkeit, sondern auch der UEberprufung der Begrundungsanforderungen der Untersuchungshaft auf ihre rechtlichen und tatsachlichen Schwachen.

The Optional Protocol to the UN Convention Against Torture (OPCAT) establishes an independent international monitoring committee (SPT) which itself will visit states and places where persons are deprived of their liberty. It also requires states to set up independent national bodies to visit places of detention. This book, drawing upon events held and interviews with governments, civil society, members of UN treaty bodies, national visiting bodies and others, identifies key factors that have shaped the operation of these visiting bodies since OPCAT came into force in 2006. It looks in detail at the background to the adoption of the Protocol, as well as how the international committee, the SPT, has carried out its mandate in its first few years. It examines the range of places of detention that could be visited by these bodies, and the expectations placed on the national visiting bodies themselves.
The book also places the OPCAT within the broader system of torture prevention in the UN and elsewhere and identifies a range of trends arising from the different geographical regions. As well as providing an insight into its work, this detailed examination of OPCAT also provides valuable lessons for other new human rights treaties such as the UN Convention on the Rights of Persons with Disabilities and the Convention on Enforced Disappearances, which have similar provisions concerning national mechanisms.

This book provides the first comprehensive legal analysis of the twelve war crimes trials held in the American zone of occupation between 1946 and 1949, collectively known as the Nuremberg Military Tribunals (NMTs). The judgments the NMTs produced have played a critical role in the development of international criminal law, particularly in terms of how courts currently understand war crimes, crimes against humanity, and the crime of aggression. The trials are also of tremendous historical importance, because they provide a far more comprehensive picture of Nazi atrocities than their more famous predecessor, the International Military Tribunal at Nuremberg (IMT). The IMT focused exclusively on the 'major war criminals'-the Goerings, the Hesses, the Speers. The NMTs, by contrast, prosecuted doctors, lawyers, judges, industrialists, bankers-the private citizens and lower-level functionaries whose willingness to take part in the destruction of millions of innocents manifested what Hannah Arendt famously called 'the banality of evil'.
The book is divided into five sections. The first section traces the evolution of the twelve NMT trials. The second section discusses the law, procedure, and rules of evidence applied by the tribunals, with a focus on the important differences between Law No. 10 and the Nuremberg Charter. The third section, the heart of the book, provides a systematic analysis of the tribunals' jurisprudence. It covers Law No. 10's core crimes-crimes against peace, war crimes, and crimes against humanity-as well as the crimes of conspiracy and membership in a criminal organization. The fourth section then examines the modes of participation and defenses that the tribunals recognized. The final section deals with sentencing, the aftermath of the trials, and their historical legacy.

The rules of state responsibility have an important but under-utilized role to play in the terrorism context. They determine both whether a breach of primary obligations has occurred, through the rules of attribution, and the consequences which flow from that breach, including the possible adoption of responsive measures by injured states. This book explores the substantive international legal obligations and rules of state responsibility applicable to international terrorism and examines the problems and prospects for effectively holding states responsible for internationally wrongful acts related to terrorism. In particular, it analyses the way in which the implementation of state responsibility for international terrorism may be affected by the self-determination debate and any applicable lex specialis (including the jus in bello), including any sub-systems of international law (such as the WTO), as well as by the interaction between determinations of individual criminal responsibility and the implementation of state responsibility.
The international community has responded to the threat of international terrorism through both a security/jus ad bellum paradigm and by creating an international criminal law framework to address the conduct of non-state terrorist actors. The secondary rules of state responsibility analyzed in this book cut across both approaches as they apply regardless of states breaching their primary obligations relating to terrorism through participation in or a failure to prevent or punish terrorism. While this book identifies a number of problems in implementing state responsibility for international terrorism, it also highlights the prospects for the rules of state responsibility to make a crucial contribution to maintaining respect for obligations which lie at the very foundations of the contemporary international legal order, and to restoring the relationships between states if those obligations are breached.

The International Criminal Tribunal for the Former Yugoslavia (ICTY) was established in 1993 and is due to complete its trials by 2011. Easily the most credible and prodigious of the international tribunals established in this period, the ICTY is by far the most important source of case law on international criminal law. This is reflected in the citations it receives by other courts and by learned commentators. Long after its dissolution, the ICTY will most likely serve as an important frame of reference for the International Criminal Court and other courts dealing with international crimes, including national courts.
The publication of this book coincides with the year of cessation of trial activity at the ICTY. Its purpose is to mark this significant milestone in international law with a series of in-depth, critical reflections on the institution's legacy by eminent scholars and practitioners. In the course of seventeen chapters, the contributing authors analyze the main features of the ICTY's work in an unprecedented examination of the institution's legitimacy, core principles, methodologies, unstated assumptions, political circumstances, and impact-and indeed, its legacy.

For the first time in legal history, an indictment was filed against an acting head of state, Slobodan Milosevic, for crimes that he allegedly committed while in office. Seeking to change the concept of ethnic cleansing from a rationalizing euphemism to an incriminating metaphor, the International Criminal Tribunal for the Former Yugoslavia (ICTY) established precedents and expanded the boundaries of international criminal and humanitarian law.
In Reclaiming Justice: The International Tribunal for the Former Yugoslavia and Local Courts, Sanja Kutnjak Ivkovich and John Hagan expand on prior literature about the ICTY by providing a comprehensive view of how people from Bosnia and Herzegovina, Croatia, Kosovo, and Serbia view and evaluate the ICTY. Kutnjak Ivkovich and Hagan raise crucial questions about international justice in a systematic and comprehensive manner, focusing on the ICTY's legality and judicial independence, as well as specific issues of substantive and procedural justice and collective and individual responsibility. They provide an in-depth analysis of perceptions about the ICTY and the subsequent work and decisions reached by its local courts. In addition, they examine the relationship between the views of the ICTY and ethnicity as the war was fought largely along ethnic lines.

Volume 114 of Terrorism: Commentary on Security Documents, European Responses to Terrorist Radicalization, approaches the subject as it has been identified and addressed by the United Kingdom, the Netherlands, and Germany. The introduction to this provides background information on terrorist incidents, and evaluates the evolution of policy on radicalization. It also contains an analysis of radicalization generated by the Organization of Security and Cooperation in Europe, providing insight into trans-European cooperation efforts relating to counter-radicalization policy in Europe.

Dieses Buch ist eine Open-Access-Publikation unter einer CC BY 4.0 Lizenz. Subsidiaritat ist zu einem Schlusselbegriff des Diskurses um die Europaische Menschenrechtskonvention (EMRK) geworden. Neben seiner vielbeachteten materiell-rechtlichen Funktion kommt dem Begriff auch eine verfahrensrechtliche Tragweite zu. Das vorliegende Buch widmet sich dieser prozessualen Dimension des Subsidiaritatsprinzips und beleuchtet das Verhaltnis von nationalen Gerichten und Europaischem Gerichtshof fur Menschenrechte (EGMR) mit Blick auf die Tatsachenfeststellung. Konkret geht es einerseits um die Frage, wie der EGMR mit Tatsachen umgehen soll, die erst nach Abschluss des nationalen Verfahrens entstanden sind oder vor dem EGMR neu vorgebracht werden (echte und unechte Noven). Anderseits ist aufzuzeigen, ob und unter welchen Umstanden der EGMR von den Tatsachenfeststellungen der nationalen Gerichte abweichen darf.