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Prosecuting Serious Human Rights Violations (Hardcover, New)
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Prosecuting Serious Human Rights Violations (Hardcover, New)
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Criminal punishment is increasingly seen 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. Although there is a wealth of
legal writing on international criminal law, an extensive analysis
is still needed of the questions why and to what extent criminal
prosecution is a necessary means of human rights protection at the
domestic level. This book is the first to examine comprehensively
the duty to prosecute serious human rights violations under the
International Covenant on Civil and Political Rights, the American
and European Conventions on Human Rights, and customary
international law. It does so by exploring the phenomena of
impunity and amnesties. These issues are particularly relevant for
post-conflict situations in which it is often argued that criminal
punishment threatens peace and reconciliation. The question of how
to deal with post-conflict justice under international human rights
law is therefore a continuing theme throughout the book. Apart from
post-conflict justice the text also considers the relevance of
criminal measures in times of peace by exposing flaws in the
criminal legislation and in the conduct of criminal procedure. 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 with criminalization,
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 reference tool for scholars and practitioners working in
this area of law. It also describes the standards for criminal law
under the Conventions Against Genocide, Torture, and Enforced
Disappearances. As the analysis of pertinent case law 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 relationship
between 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.
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