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Book
The European Court of Human Rights as a pathway to impunity for international crimes
Author:
ISBN: 9783642107993 9783642107979 3642107974 364242404X 9786612839443 1282839446 3642107990 Year: 2010 Publisher: New York : Springer,

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Abstract

Introductory Remarks on the Perspective and Intent of the Author in Writing This Monograph The European Court of Human Rights comments in the judgment Korbely v. Hungary that: However, clearly drafted a legal provision may be, in any system of law, including criminal law, there is an inevitable element of judicial interpretation. There will always be a need for elucidation of doubtful points and for adaptation to changing circumstances. Indeed, in the Convention States, the progressive development of the criminal law through judicial law making is a well-entrenched and necessary part of legal tradition…The Court’s role is con?ned to ascertaining whether the effects of such an interpretation [interpretation by the national courts and authorities of domestic law which sometimes may refer to or incor- rate international law principles or agreements] are compatible with the Convention 1 [European Convention on Human Rights and Fundamental Freedoms] (emphasis added). This book then examines to what degree this “inevitable element of judicial interpretation” has been applied by the European Court of Human Rights in a manner consistent with the guarantees of the most fundamental human rights under international criminal, human rights and humanitarian law.

Keywords

Law. --- European Law/Public International Law. --- Public law. --- Droit --- Droit public --- Human rights --- Criminal justice, Administration of --- Criminal provisions. --- European Court of Human Rights --- Rules and practices. --- Criminal justice, Administration of -- Europe. --- European Court of Human Rights -- Rules and practices. --- Human rights -- Europe -- Cases. --- Human rights -- Europe -- Criminal provisions. --- Law - Europe, except U.K. --- Law - Non-U.S. --- Law, Politics & Government --- Criminal provisions --- Basic rights --- Civil rights (International law) --- Rights, Human --- Rights of man --- Law and legislation --- C.E.D.O. --- CEDO --- CEDU --- ECtHR --- Avrupa İnsan Hakları Dîvanı --- Cour européenne des droits de l'homme --- Tribunal Europeo de Derechos del Hombre --- Tribunal Europeo de Derechos Humanos --- Europäischer Gerichtshof für Menschenrechte --- Evropeĭskiĭ Sud po pravam cheloveka --- Европейский Суд по правам человека --- Council of Europe. --- Corte europea dei diritti dell'uomo --- Eurōpaiko Dikastērio Anthrōpinōn Dikaiōmatōn --- Ευρωπαικό Δικαστήριο Ανθρώπινων Δικαιωμάτων --- Curtea Europeană a Drepturilor Omului --- Europejski Trybunał Praw Człowieka --- Avrupa İnsan Hakları Mahkemesi --- Evropský soud pro lidská práva --- I︠E︡vropeĭsʹkyĭ Sud z prav li︠u︡dyny --- Європейський Суд з прав людини --- Evropeĭski sŭd po pravata na choveka --- Европейски съд по правата на човека --- Europos Žmogaus teisių teismas --- Mardu iravunkʻneri evropakan dataran --- İnsan Hakları Avrupa Mahkemesi --- Evropski sud za ljudska prava --- Европски суд за људска права --- AİHM --- Gjykata Europiane për të Drejtat e Njeriut --- GJEDNJ --- EGMR --- Euroopa Inimõiguste Kohus --- Public international law. --- Human rights. --- International criminal law. --- Public International Law. --- Human Rights. --- International Criminal Law. --- European Commission of Human Rights --- Human security --- Transitional justice --- Truth commissions --- Public International Law . --- International Criminal Law . --- Law of nations --- Nations, Law of --- Public international law --- Law --- Criminal law, International --- ICL (International criminal law) --- Criminal law --- International law --- Criminal jurisdiction --- International crimes --- Rules and practice.


Book
Prosecuting international crimes and human rights abuses committed against children : leading international court cases
Author:
ISBN: 3642005179 9786612839283 3642005187 1282839284 Year: 2010 Publisher: Heidelberg ; London : Springer,

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Abstract

This casebook addresses selected precedent-setting rulings of various international human rights and international criminal courts with a focus on the child victims of international crimes and human rights abuses. The cases are analyzed from a children’s human rights perspective and the question is examined as to what extent the international courts are according these children justice.

Keywords

Children -- Crimes against -- Cases. --- Children's rights -- Cases. --- International crimes -- Cases. --- International crimes --- Children (International law) --- Children --- Children's rights --- Law, General & Comparative --- Law, Politics & Government --- Crimes against --- Children's rights. --- Crimes against. --- Child rights --- Children's human rights --- Rights of children --- Rights of the child --- Crimes, International --- International crime --- International offenses --- Civil rights --- Law and legislation --- Law. --- Private international law. --- Conflict of laws. --- International law. --- Comparative law. --- Human rights. --- International humanitarian law. --- International criminal law. --- Private International Law, International & Foreign Law, Comparative Law. --- International Criminal Law. --- Human Rights. --- International Humanitarian Law, Law of Armed Conflict. --- Human rights --- Crime --- Legal status, laws, etc. --- Private International Law, International & Foreign Law, Comparative Law . --- International Criminal Law . --- Humanitarian conventions --- International humanitarian law --- War (International law) --- Basic rights --- Civil rights (International law) --- Rights, Human --- Rights of man --- Human security --- Transitional justice --- Truth commissions --- Criminal law, International --- ICL (International criminal law) --- Criminal law --- International law --- Criminal jurisdiction --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Law --- Legal polycentricity --- Civil law

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