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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.


Multi
Judicial Activism and the Democratic Rule of Law : Selected Case Studies
Author:
ISBN: 9783030350857 Year: 2020 Publisher: Cham Springer International Publishing

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Abstract

In this book the author argues that judicial activism in respect of the protection of human rights and dignity and the right to due process is an essential element of the democratic rule of law in a constitutional democracy as opposed to being ‘judicial overreach’. Selected recent case law is explored from the US and Canadian Supreme Courts as well as the European Court of Human Rights illustrating that these Courts have, at times, engaged in judicial activism in the service of providing equal protection of the law and due process to the powerless but have, on other occasions, employed legalistic but insupportable strategies to sidestep that obligation. The book will be of interest to those with a deep concern regarding the factors that influence judicial decision-making and the judiciary's role through judgments in promoting and preserving the underpinnings of democracy. This includes legal researchers, the judiciary, practicing counsel and legal academics and law students as well as those in the area of democracy studies, in addition to scholars in the fields of sociology and philosophy of law.


Multi
The Persecution of Children as a Crime Against Humanity : The Case for the Prosecution
Author:
ISBN: 9783030750022 9783030750015 9783030750008 Year: 2021 Publisher: Cham Springer International Publishing

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This book addresses age-based persecution of children as a crime against humanity in connection with genocide, crimes against humanity and war crimes (persecution - with some variation in the elements of the crime - is an existing offence under the Rome Statute of the permanent International Criminal Court, the statutes of various international criminal tribunals i.e. International Criminal Tribunal for Rwanda, the International Criminal Tribunal for the Former Yugoslavia and under the statutes of other international criminal courts (i.e. the Special Court of Sierra Leone)). The book introduces a completely original concept in international criminal law, however, in discussing age-based persecution of children as an international crime against humanity where (i) the particular discrete child collective is targeted 'as such' for international atrocity crimes or (ii) individual children are targeted based on their age-based group identity as it intersects with other perpetrator - targeted characteristics such as gender, ethnicity, religion etc.


Book
Prosecuting International Crimes and Human Rights Abuses Committed Against Children : Leading International Court Cases
Authors: ---
ISBN: 9783642005176 9783642005183 9783642005527 9783662502457 Year: 2010 Publisher: Berlin Heidelberg Springer Berlin Heidelberg Imprint Springer

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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.


Book
Schoolchildren as Propaganda Tools in the War on Terror : Violating the Rights of Afghani Children under International Law
Authors: ---
ISBN: 9783642179006 Year: 2011 Publisher: Berlin Heidelberg Springer Berlin Heidelberg

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This book explores in what ways both sides involved in the so-called war on terror are using schoolchildren as propaganda tools while putting the children's security at grave risk. The book explores how terrorists use attacks on education to attempt to destabilize the government while the government and the international aid community use increases in school attendance as an ostensible index of largely illusory progress in the overall security situation and in development. The book challenges the notion that unoccupied civilian schools are not entitled under the law of armed conflict to a high standard of protection which prohibits their use for military purposes. Also examined are the potential violations of international law that can occur when government and education aid workers encourage and facilitate school attendance, as they do, in areas within conflict-affected states such as Afghanistan where security for education is inadequate and the risk of terror attacks on education high.


Book
Child Soldier Victims of Genocidal Forcible Transfer : Exonerating Child Soldiers Charged With Grave Conflict-related International Crimes
Authors: ---
ISBN: 9783642236143 Year: 2012 Publisher: Berlin Heidelberg Springer Berlin Heidelberg Imprint Springer

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This book provides an original legal analysis of child soldiers recruited into armed groups or forces committing mass atrocities and/or genocide as the victims of the genocidal forcible transfer of children. Legal argument is made regarding the lack of criminal culpability of such child soldier 'recruits' for conflict-related international crimes and the inapplicability of currently recommended judicial and non-judicial accountability mechanisms in such cases. The book challenges various anthropological accounts of child soldiers' alleged 'tactical agency' to resist committing atrocity as members of armed groups or forces committing mass atrocity and/or genocide. Also provided are original interpretations of relevant international law including an interpretation of the Rome Statute age-based exclusion from prosecution of persons who were under 18 at the time of perpetrating the crime as substantive law setting an international standard for the humane treatment of child soldiers.


Book
Young People's Human Rights and The Politics of Voting Age
Authors: ---
ISBN: 9789048189632 Year: 2011 Publisher: Dordrecht Springer Netherlands Imprint Springer

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Young People's Human Rights and The Politics of Voting Age is the first book to address in-depth the topic of voting age eligibility as a universal fundamental human rights issue rather than an internal, discretionary State policy matter. International perspectives on the issue of voting age eligibility are examined as are the legal, historical, philosophical and sociological dimensions of the legislated age-based bar to the vote. The book examines examples of movements for the youth vote at 16. Also addressed is the failure of high profile human rights organizations and institutions to endorse the vote at age 16 and the implications for democratic values of the denial of the youth vote in most Western and non-Western States. The book would be extremely valuable for instructional purposes as one of the primary texts in undergraduate or graduate courses on children's human rights, political psychology, sociology, political science, sociology of law and as a supplementary text for courses on human rights or constitutional law. It would be of great interest also to members of the general public concerned with children and youth human rights issues.


Book
Judicial Activism and the Democratic Rule of Law
Authors: ---
ISBN: 9783030350857 Year: 2020 Publisher: Cham Springer International Publishing :Imprint: Springer

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Book
The Persecution of Children as a Crime Against Humanity
Authors: ---
ISBN: 9783030750022 9783030750015 9783030750008 Year: 2021 Publisher: Cham Springer International Publishing :Imprint: Springer

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