This book offers an overview of the challenges in the emerging regime of international criminal justice as a tool of sustainable peace. It illustrates the impact of the regime on international law and international relations, focusing on the obstacles to and concerns of its governance in the context of the maintenance and restoration of international peace and security. The author advocates for an appropriate interaction strategy between the United Nations and the Rome Statute institutions as a matter of international mutual concern and for the sake of human security. In multiple and inter-linked country situations the failure of strategies to prevent mass atrocity crimes have severely compromised the safety of civilians, including their individual fundamental rights. In several countries - such as in Libya, Syria, Sudan, Democratic Republic of Congo, Uganda, Kenya, Central African Republic, Ivory Coast and Mali - civilians have severely suffered the consequences of such failure.Furthermore, the right of humanitarian intervention that it is sometimes claimed the international community has is now challenged and qualified by the responsibility to protect civilians in situations of mass atrocity crimes. Such an international norm represents unfinished business in global politics and is considered by many to be far from capable of preserving the rule of international law. The preservation of the rule of law requires discussions and the advocacy of global values in international relations, such as multilateralism, collective responsibility, global solidarity and mutual accountability.

This volume explores the role of the ECtHR in protecting marginalised individuals and minorities. What factors and conditions have led growing numbers of such individuals and minorities to pursue their rights and freedoms in front of the ECtHR and how has the latter responded to these? Does the Convention and the jurisprudence of the Strasbourg Court enhance the protection of vulnerable groups at the national level and expand their rights? Or do they mainly tend to fill in relatively minor gaps or occasional lapses in national rights guarantees? Comprising a set of eight country-based case studies, this volume examines litigation on behalf of marginalised individuals and minorities, and the relevant ECtHR jurisprudence across the following countries: Austria, Bulgaria, Germany, Greece, France, Italy, Turkey and the UK.

The international protection of human rights is generally recognized as a fundamental aim of modern international law. Even a cursory review of legal systems for the protection of human rights demonstrates the rapid expansion of this field since the end of World War II. During this period, nearly all global and regional organizations have adopted human rights standards and addressed human rights violations by member states. As a consequence, no state today can claim that its treatment of those within its jurisdiction is a matter solely of domestic concern. In Regional Protection of Human Rights, Dinah Shelton and Paolo Carozza examine the development of regional organizations and the role that human rights plays in them. Particularly the authors look at the range of human rights obligations that states assume upon joining regional bodies and how regional concern with human rights intersects with the global system elaborated in the context of the United Nations. This work is the first devoted to the European, Inter-American and African systems for the protection of human rights. It also discusses the prospects for regional systems in the Middle East and Asia. The Jurisprudence of the European and Inter-American Courts and decisions of the Inter-American and African Commissions are emphasized, including decisions on the interpretation and application of various human rights, procedural requirements and remedies. The book exposes readers to the basic documents of each system and their inter-relationships, enables the audience to apply those documents to ever-changing fact situations, and to alert them to the dynamic nature of regional human rights law and institutions. It also seeks to relate regional systems to national law and to the global system for the protection of human rights. The second edition of Regional Protection of Human Rights illustrates how international human rights law is interpreted and implemented. The selections offer examples of political, economic and social problems as well as legal issues to show the significant impact of international human rights law institutions on the constitutions, law, policies, and societies of the regions. In addition to serving as a text for courses on human rights law, the book will be useful for courses in international law, international relations, and political science. It will also be a helpful resource for lawyers and policy-makers concerned with the protection of human rights.

After having ignored victims, only recently both domestic and international law have begun to pay attention to them. As a consequence, different international norms related to victims have progressively been introduced. These are norms generally characterized by a certain concept from the perspective of victims, as well as by the enumeration of a list of rights to which they are entitle to; rights upon which the international statute of victims is built. In reverse, these catalogues of rights are the states' obligations. Most of these rights are already existent in the international law of human rights. Consequently, they are not new but consolidated rights. Others are strictly linked to victims, concerning the following categories: victims of crime, victims of abuse of power, victims of gross violations of international human rights law, victims of serious violations of international humanitarian law, victims of enforced disappearance, victims of violations of international criminal law and victims of terrorism.
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This book presents the views of various international law and human rights experts on the contested meaning, scope of application, value and viability of R2P; the principle of the Responsibility to Protect . R2P refers to the notion that the international community has a legal responsibility to protect civilians against the potential or ongoing occurrence of the mass atrocity crimes of genocide, large scale war crimes, ethnic cleansing and crimes against humanity. R2P allows for intervention where the individual State is unable or unwilling to so protect its people or is in fact a perpetrator. The book addresses also the controversial issue of whether intervention by States implementing R2P with or without the endorsement of the United Nations Security Council constitutes a State act of aggression or instead is legally justified and not an infringement on the offending State's sovereign jurisdiction. The adverse impact on global peace and security of the failure to protect civilians from mass atrocity crimes has put in stark relief the need to address anew the principle of 'responsibility to protect' and the feasibility and wisdom of its application and this book is a significant contribution to that effort. This book was originally published as a special issue of the International Journal of Human Rights.

THE BRITISH BOOK AWARDS NON-FICTION BOOK OF THE YEAR 2017 SUNDAY TIMES TOP 10 BESTSELLER When he receives an invitation to deliver a lecture in the Ukrainian city of Lviv, international lawyer Philippe Sands begins a journey on the trail of his family's secret history. In doing so, he uncovers an astonishing series of coincidences that lead him halfway across the world, to the origins of international law at the Nuremberg trial. Interweaving the stories of the two Nuremberg prosecutors (Hersch Lauterpacht and Rafael Lemkin) who invented the crimes or genocide and crimes against humanity, the Nazi governor responsible for the murder of thousands in and around Lviv (Hans Frank), and incredible acts of wartime bravery, EAST WEST STREET is an unforgettable blend of memoir and historical detective story, and a powerful meditation on the way memory, crime and guilt leave scars across generations. * * * * * 'A monumental achievement: profoundly personal, told with love, anger and great precision' John le Carre 'One of the most gripping and powerful books imaginable' SUNDAY TIMES Winner: Baillie Gifford Prize for Non-fiction JQ-Wingate Literary Prize Hay Festival Medal for Prose

Trafficking in human beings has become a major international concern in the last two decades. Trafficking has been subjected to intense political debate and ambitious legal regulation on international, regional and national levels. Although much has been done to eradicate trafficking and to protect the victims, an increasing number of critical voices are emerging: the efforts to deal with human trafficking have proved to be more ineffective than anticipated. This book seeks explanations to why anti-trafficking strategies and activities appear to be so futile, and what should be done better for them to achieve their goals with more success. Besides the academic audience, this study is written for legal practitioners, who might come across human trafficking in their work.

Although the influence and opinions of political elites, civil society, and the general public vary widely, the death penalty is universally in decline throughout Sub-Saharan Africa. Today, the death penalty is a site of accommodation and resistance to international human rights norms between African governments and the Global North. As in debates over membership in the International Criminal Court and legal protections for sexual minorities, some leaders resist death penalty abolition as "imposed" by the Global North, though the modern death penalty in Africa is a product of European colonialism. However, Sub-Saharan Africa is not a passive subject of global death penalty abolition driven by Europe. Courts around the continent have made important contributions to global death penalty jurisprudence and members of civil society have engaged in novel and successful strategies against the death penalty. In addition, precolonial notions of punishment and criminal responsibility in Africa have influenced debates over the death penalty, including whether to provide compensation to victims of crime.This book explores the African contribution to the global death penalty debate and lessons for the international death penalty abolition movement.

Migration crisis, food crisis, economic crisis the most alarming tendencies in our contemporary world are related to the transnational social question. But what role does transnational law play in this context: Does it exacerbate the asymmetries by shielding the rich and exploiting the poor? Or is the emerging regime of international social human rights a promising candidate for countering the crisis of world society?This book scrutinises both the potentials and the boundaries of de-coupling the notion of "social rights" from the nation-state and of transferring it to the transnational sphere. By drawing on a critical theory of transnational law, it provides in-depth analyses of the different sites where the struggle for social rights is at stake, such as the emerging transnational food regime, the ILO, international environmental law and the accountability of private actors. It reveals enforcement structures, discusses judicial doctrine and relates these aspects to the social and political struggles which surround the transnationalisation of social rights.

This volume focuses on challenges to the effective and proper use of human rights and tries to identify, through a series of case studies, strategies and contexts in which human rights advocacy can work in favor of human rights, as well as situations in which such advocacy may backfire, or unintentionally cause harm.

The American Convention on Human Rights contains an in-depth analysis of and comment on crucial rights protected under the American Convention on Human Rights in the light of the decisions of the Inter-American Court of Human Rights.It shows the initially hesitant steps of the Inter-American Court in developing its position on five basic rights in the first years of its existence (1979-2003). Violations of the core rights - namely the right to life, the right to personal freedom, the right to personal integrity, the right to due process of law and the right to a judicial remedy - formed the majority of complaints before the Court at a time when many of the contracting States had either just left, or were still immersed in, a dictatorship and were only just attempting to introduce the idea of human rights in a democratic society into their own legal systems.This fully revised and updated second edition now also covers the Inter-American Court's steps towards maturity (2004-2014). Due to the political and social changes in the region, since 2003 the Court has had to examine and consider a greater variety of rights, such as freedom of speech, structural discrimination, and the lack of proper protection for womens human rights and for people with different sexual orientations. The human rights problems of indigenous peoples have also come to the Court's attention, because the lack of judicial protection of their rights leads to State responsibility by omission. In addition, systematic and gross violations of human rights continue to be a significant part of the Court's work, but their treatment has allowed the Court to develop better and more precise and effective responses.Taking into consideration the changes that have taken place, this book has given more attention to certain topics. A chapter on disappearances is now included. Developments in the way the Court understands its own functions, such as the idea of the State agents' conventionality control, are also discussed. In addition, a new introductory chapter provides a good overview of the social and political landscape of the region and a wider analysis of discrimination and equality.The American Convention on Human Rights is a scholarly yet practical book on a relatively new system for the protection of human rights. It is a useful tool for practitioners to support their work and for academics in their teaching of the inter-American System.

Special Procedures is the collective name given to the different mandates of Independent Experts, Special Rapporteurs and Working Groups in the field of human rights appointed by the UN Human Rights Council (and formerly by the now-defunct Commission on Human Rights) with the purpose of developing international human rights standards, receiving communications, visiting States, and generally advancing international human rights law and practice. They have been considered the "crown jewel" of the United Nations, for they symbolise a beacon of hope for victims of human rights abuses worldwide.This edited volume seeks to contribute to the dissemination of the work undertaken by different mandate-holders for the protection of human rights. The former UN High Commissioner for Human Rights and six acting UN human rights experts from different mandates (some of whom have now moved to other positions within the UN human rights machinery) contribute brilliant and deeply interesting chapters to shed light on different aspects of their work.By sharing their own reflections, experiences and expectations, they provide an insider's view of the work undertaken by their mandates to promote the respect, protection and fulfilment of human rights in all corners of the globe. Additionally, this book includes contributions from leading human rights law practitioners at the local level, who share their thoughts on the interaction and influence of international human rights law in the domestic sphere.

In this book, Bertus de Villiers offers unique insights into institutional design aimed at the protection of minority rights. He reflects on several case studies to highlight various aspects of the complexity of contemporary constitution drafting and how creative solutions have been found to secure the rights of minorities. The respective chapters drill down to a practical level to assist constitutional scholars, legal scientists, the judiciary and practitioners to better comprehend the dynamics of minority rights in the country under discussion; to be informed by the jurisprudence that have arisen; and to gain insights from the adjustments that had to be made to more effectively protect the rights of minorities.

The World Bank Group and the International Monetary Fund are under substantial pressure to accept more accountability under international human rights law. This publication sets out the standards by which these international financial institutions are bound under international human rights law as it currently stands. Human rights law is 'living law' and has changed over time, as have international financial institutions, despite their sometimes static approach to their own mandates. However, the World Bank Group and the International Monetary Fund are both starting to recognize more and more the relevance of human rights to the fulfilment of their respective mandates, even if they still maintain, be it to different degrees, that international human rights law is only partly applicable to them. This publication argues that this position is no longer tenable and that human rights law does in fact apply to both international financial institutions.

Although human rights were initially conceived as rights of the individual in relation to the state, there is growing recognition that human rights must also be respected in the international arena. This five-volume series set brings together the most important and influential scholarship on issues around human rights in the area of international law. The volumes include a wide range of essays selected from an international search of print and electronic content and feature a substantial introduction by the volume editor which provides an overview of the topic of each volume. The series includes foundational articles on the development of international human rights law and covers issues on the current challenges facing international human rights lawyers and scholars, the UN system of rights, regional human rights systems and the fundamental principles of equality and non-discrimination under international law. The five volumes in this series are edited by leading scholars in the field and taken together provide an invaluable research tool for scholars and students interested in the growing field of international human rights. The five volumes in this series are: Volume I: The Development of International Human Rights Law Volume II: Equality and Non-Discrimination under International Law Volume III: Challenges in International Human Rights Law Volume IV: The United Nations System for Protecting Human Rights Volume V: Regional Human Rights Systems

International law has long been dominated by the State. But it has become apparent that this bias is unrealistic and untenable in the contemporary world as the rise of the notion of common goods challenges this dominance. These common goods - typically values (like human rights, rule of law, etc) or common domains (the environment, cultural heritage, space, etc) - speak to an emergent international community beyond the society of States and the attendant rights and obligations of non-State actors. This book details how three key areas of international law - human rights, culture and the environment - are pushing the boundaries in this field. Each category is of current and ongoing significance in legal and public discourse, as illustrated by the Syrian conflict (human rights and international humanitarian law), the destruction of mausoleums and manuscripts in Mali (cultural heritage), and the Deepwater Horizon oil spill (the environment). Each exemplifies the need to move beyond a State-focused idea of international law. This timely volume explores how the idea of common goods, in which rights and obligations extend to individuals, groups and the international community, offers one such avenue and reflects on its transformative impact on international law.

"The Siracusa Guidelines have appeared at an important and opportune moment. Those keen to promote accountability in conflicts around the world are increasingly relying on fact finding bodies to provide necessary documentation which will ensure that those responsible for human rights abuses are brought to justice. The 'Guidelines', developed from inputs by more than 80 experts, provide a thorough and welcome framework to ensure clarity and consistency throughout the processes of creating, investigating, reporting and follow-up for these various bodies." Karen Koning AbuZayd Commissioner, Syria UN CoI; Former High Commissioner UNRWA "The Siracusa Guidelines for fact-finding bodies derive from a wealth of combined knowledge and experience in the field. They address in a comprehensive and integrated way many essential issues which have often been inadequately dealt with or ignored. The application of the guidelines will not only improve the conduct and effectiveness of such missions but also enhance their legitimacy." Philippe Kirsch Former President, ICC; Former Ambassador and Legal Adviser, MOFA, Canada "Fact-Finding Bodies are an essential component of international, regional and national investigative processes. It is of paramount concern that they work to high and common standards. The obvious expertise and solid work of the Siracusa Committee has produced a draft of high quality, and of great practical application." Howard Morrison Judge, ICC; Former Judge, ICTY "These Guidelines are indispensable to those engaged in fact-finding and will contribute immensely to the process of international criminal justice." Hassan B. Jallow Chief Prosecutor, UNICTR/UNMICT "These guidelines are an essential resource for anybody working on issues connected with international investigation commissions in the future." Serge Brammertz Prosecutor, ICTY "Hindsight, Insight and Foresight...These Guidelines provide a wealth of wisdom for discussion and reflection." Vitit Muntarbhorn Professor of Law, Bangkok University; international human rights expert who served in several UN capacities

The Universal Declaration of Human Rights (UDHR) is the first international agreement setting out freedoms, rights and entitlements for all humanity to claim. It emphasizes the inextricable relationship between fundamental freedoms and social justice, and their connection with peace and security. The General Assembly of the United Nations proclaims this Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping the UDHR constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.

An interdisciplinary approach to the study of the EU in UN human rights and environmental governance which addresses the legal and political science dimensions. With contributions from academics and policy-makers, this volume is a comprehensive analysis of how the challenges it faces impact on the EU's position in UN fora.

As asymmetric 'wars among the people' replace state-on-state wars in modern armed conflict, the growing role of military medicine and medical technology in contemporary war fighting has brought an urgent need to critically reassess the theory and practice of military medical ethics. Military Medical Ethics for the 21st Century is the first full length, broad-based treatment of this important subject. Written by an international team of practitioners and academics, this book provides interdisciplinary insights into the major issues facing military-medical decision makers and critically examines the tensions and dilemmas inherent in the military and medical professions. In this book the authors explore the practice of battlefield bioethics, medical neutrality and treatment of the wounded, enhancement technologies for war fighters, the potential risks of dual-use biotechnologies, patient rights for active duty personnel, military medical research and military medical ethics education in the 21st Century.

Popular music has long understood that human rights, if attainable at all, involve a struggle without end. The right to imagine an individual will, the right to some form of self-determination and the right to self-legislation have long been at the forefront of popular music's approach to human rights. At a time of such uncertainty and confusion, with human rights currently being violated all over the world, a new and sustained examination of cultural responses to such issues is warranted. In this respect music, which is always produced in a social context, is an extremely useful medium; in its immediacy music has a potency of expression whose reach is long and wide. Contributors to this significant volume cover artists and topics such as Billy Bragg, punk, Fun-da-Mental, Willie King and the Liberators, Hedwig and the Angry Inch, the Anti-Death Penalty movement, benefit concerts, benefit albums, Gil Scott-Heron, Bruce Springsteen, Wounded Knee and Native American political resistance, Tori Amos, Joni Mitchell, as well as human rights in relation to feminism. A second volume covers World Music.

The European Court of Human Rights has been a vital part of European democratic consolidation and integration for over half a century, setting meaningful standards and offering legal remedies to the individually repressed, the politically vulnerable, and the socially excluded. After their emancipation from Soviet influence in the 1990s, and with membership of the European Union in mind for many, the new democracies of central and eastern Europe flocked to the Convention system. However, now the gold rush' is over, the Court's position in the New Europe' is under threat. Its ability to decide cases promptly is almost fatally compromised, and the reform of its institutional architecture is effectively blocked by Russia. The time is right to take stock, to benefit from hindsight, and to consider how the Court can respond to the situation. This book examines the case law of the European Court of Human Rights with particular reference to democratic transitions in Europe and the consequent enlargement of the European Convention system. Focusing firmly on the substantive jurisprudence of the Court, the book analyses how it has responded to the difficult and distinct circumstances presented by the new Contracting Parties. Faced with different stages of, and commitments to, democratic transition, how has the Court reacted to such diversity whilst maintaining the universality of human rights -- and how is this reflected in its judgments? The book tackles this question by matching rigorous doctrinal analysis of the case law with new developments in critical thinking. The cases are viewed through the prism of jurisprudence and political philosophy, with links made to European political integration and other international human rights systems. The book offers an original explanation of the Court's predicament by drawing upon thick' and thin' notions of morality and tying this to notions of essential contestability.

Ernst Hirsch Ballin discusses the significance of citizens' rights against the backdrop of ongoing migration and urbanization in the beginning of the 21st century. The traditional view that each state has the sovereign power to give or withhold citizenship, puts the full enjoyment of human rights at risk whenever exclusion is based on differences in nationality. Citizens' rights are the essential connecting link between human rights and life in a democratic society. Citizens have an individual right, as a citizen, to take part in the democratic process and in the structures of solidarity of the state where they are effectively at home. By recognizing everyone's right to the citizenship of the state in which they can make these rights a reality, citizens' rights can bridge the gap between the universality of human rights and the changing political and social settings of people's lives. Limits on dual citizenship are counterproductive, European citizenship paves the way for transnational citizenship. "Hirsch Ballin's book is very important for academics and practitioners in the field of citizenship. It embraces the complexity of citizenship with all its academic, practical and emotional meanings. Hopefully, Hirsch Ballin's work can serve as a compass for new directions in immigration and naturalisation debates." Katja Swider in: Journal of European Integration, Vol 38. nr. 4, 2016

Adjudicating International Human Rights honours Professor Sandy Ghandhi on his retirement from law teaching. It does so through a series of targeted essays which probe the framework and adequacy of international human rights adjudication. Eminent international law scholars (such as Sir Nigel Rodley, Professor Javaid Rehman and Professor Malcolm Evans), along with emerging writers in the field, take Professor Ghandhi's body of work-focussed on human rights protection through legal institutions-as a starting point for a variety of analytical essays. Adjudicating International Human Rights includes chapters devoted to human rights protection in a number of different institutional contexts, ranging from the ICJ and the Human Rights Committee to truth commissions and NAFTA arbitration tribunals.