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Author: Carlos Fernández de Casadevante Romani Publisher: Springer Science & Business Media ISBN: 3642281400 Category : Law Languages : en Pages : 279
Book Description
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.
Author: Carlos Fernández de Casadevante Romani Publisher: Springer Science & Business Media ISBN: 3642281400 Category : Law Languages : en Pages : 279
Book Description
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.
Author: Walter Kälin Publisher: Oxford University Press, USA ISBN: 0198825684 Category : Law Languages : en Pages : 641
Book Description
At a time when human rights are coming under increasing pressure, in-depth knowledge and understanding of their foundations, conceptual underpinnings and current practice remain crucial. The second edition of Walter Kalin and Jorg Kunzli's authoritative book provides a concise but comprehensive legal analysis of international human rights protection at the global and regional levels. It shows that human rights are real rights creating legal entitlements for those who are protected by them and imposing legal obligations on those bound by them. Based, in particular, on a wide-ranging analysis of international case-law, the book focuses on the sources and scope of application of human rights and a discussion of their substantive guarantees. Further chapters describe the different mechanisms to monitor the implementation of human rights obligations, ranging from the regional human rights courts in Africa, the Americas and Europe and the UN treaty bodies to the international criminal tribunals, the International Court of Justice and the UN Security Council. The book is based on an understanding of human rights as legal concepts that address basic human needs and vulnerabilities, and highlights the indivisibility of civil and political rights on the one and economic, social and cultural rights on the other hand. It also highlights the convergence of international human rights and international humanitarian law and the interlinkages with international criminal law as well as general international law, in particular the law of state responsibility.
Author: Alison Parker Publisher: Human Rights Watch ISBN: 1564323730 Category : Law Languages : en Pages : 48
Book Description
International standards on the rights and interests of the victims of crime -- International consensus on crime victims' rights and interests -- Crime victims' rights in US domestic law -- US adherence to international standards on the rights and interests of crime victims -- Recommendations -- Acknowledgements.
Author: Melanie Klinkner Publisher: Routledge ISBN: 1317335082 Category : Law Languages : en Pages : 287
Book Description
The United Nations has established a right to the truth to be enjoyed by victims of gross violations of human rights. The origins of the right stem from the need to provide victims and relatives of the missing with a right to know what happened. It encompasses the verification and full public disclosure of the facts associated with the crimes from which they or their relatives suffered. The importance of the right to the truth is based on the belief that, by disclosing the truth, the suffering of victims is alleviated. This book analyses the emergence of this right, as a response to an understanding of the needs of victims, through to its development and application in two particular legal contexts: international human rights law and international criminal justice. The book examines in detail the application of the right through the case law and jurisprudence of international tribunals in the human rights and also the criminal justice context, as well as looking at its place in transitional justice. The theoretical foundations of the right to the truth are considered as well as the various objectives appropriate for different truth-seeking mechanisms. The book then goes on to discuss to what extent it can be understood, constructed and applied as a hard, legally enforceable right with correlating duties on various people and institutions including state agencies, prosecutors and judges.
Author: Jean-François Flauss Publisher: Emile Bruylant ISBN: 9782802727521 Category : Human rights Languages : en Pages : 264
Book Description
L'attention croissante portée par le droit international, toutes composantes confondues, aux droits des victimes de violation des droits de l'homme a été symboliquement illustrée par la proclamation, sous forme de soft law, de principes directeurs à vocation universelle. Quelle que soit l'origine, étatique ou privée, des atteintes subies, une protection efficace des droits des victimes suppose, à l'évidence, la reconnaissance à leur profit d'un droit d'action, et même de préférence d'un véritable locus standijudiciaire. Mais elle implique aussi l'ouverture d'un droit à réparation, d'ailleurs non nécessairement circonscrit à la seule compensation pécuniaire. En pratique, la protection offerte aux victimes de violation de droits de l'homme internationalement garantis demeure encore fort inégale et inégalitaire. Nombre d'entre elles ne disposent d'aucun droit d'accès effectif à un forum international ou national. Ce cas de figure concerne hélas bien souvent les victimes de violations massives ou/et systématiques. L'espérance légitime d'une réparation varie énormément en fonction entre autres de la nature de la violation dénoncée, du type d'action susceptible d'être engagée, de la qualité de la victime. Si rétrospectivement la situation des victimes s'est considérablement améliorée, elle est encore loin de satisfaire pleinement aux standards minimaux préconisés par l'Organisation des Nations Unies.
Author: Janusz Symonides Publisher: Routledge ISBN: 1351771515 Category : Social Science Languages : en Pages : 448
Book Description
This title was first published in 2003. The series of volumes prepared by UNESCO for teaching human rights at higher education level comes to a conclusion with the publication of this volume. "Human Rights: International Protection, Monitoring, Enforcement" takes an institutional approach to the international protection of human rights, examining first the United Nations system, which may be seen as universal, and then analysing regional systems of protection. A useful source of information on the protection of human rights, the volume can also be employed as a practical guide to the use of existing procedures in the defence of human rights.
Author: Anne Peters Publisher: Cambridge University Press ISBN: 1107164303 Category : Law Languages : en Pages : 645
Book Description
Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.
Author: Juan Carlos Ochoa S. Publisher: Martinus Nijhoff Publishers ISBN: 9004212167 Category : Law Languages : en Pages : 333
Book Description
The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations addresses a question of critical importance to policy-makers, international lawyers, academics, and affected societies throughout the world: Should victims of serious human rights violations be granted under international law the rights of access to and participation in criminal proceedings before international, hybrid and domestic tribunals? Juan Carlos Ochoa applies a thorough analysis of international and comparative domestic law and practice to this question, taking into account a host of international human rights instruments and case law, the theory, law and practice of international and hybrid criminal tribunals, the law and practice in several domestic jurisdictions, and many theoretical and empirical studies. After first determining the current state of, and emerging trends in, international law in this area, he argues that the lack of recognition of these rights under customary international law is inadequate, because access to and participation in criminal proceedings for victims of these infringements are based on several internationally recognised human rights and principles, contribute to the expressivist objectives of these procedures, and are consistent with the principles that inform the enforcement of criminal law in democratic States. On this basis, Ochoa convincingly suggests concrete reforms.
Author: T. Markus Funk Publisher: ISBN: 0199941467 Category : History Languages : en Pages : 594
Book Description
Since World War II, there have been some 250 conflicts throughout the world, leaving between 70-170 million atrocity crime victims. Unlike diseases or natural disasters, the injuries and tragedies of war are largely self-inflicted. Created in response to such outrages, the International Criminal Court (ICC) stands as the first and only permanent juridical body prosecuting genocide, war crimes, and crimes against humanity. Victims' Rights and Advocacy at the International Criminal Court introduces readers to the most significant restorative feature of the ICC's procedure: direct victim participation in war crime trials. Under this new model, the ICC has given victims a voice to speak out against their abusers. T. Markus Funk presents the first comprehensive guidance on this innovative dynamic, analyzing not just the procedural rules that apply, but also the practical problems in advocating for victims before the ICC. In the process, Funk provides an overview of ICC trial procedure, a candid assessment of the performance of the ICC and its predecessor tribunals, and a guide to the development of victims' rights under international law. Not only does he identify areas needing reform and reconsideration, but he also provides readers with concrete solutions. Funk, an experienced federal prosecutor and law professor who has advised prosecutors and judges at criminal tribunals as the U.S. Justice Department's Resident Legal Advisor for Kosovo, draws on that experience to suggest ways in which the ICC can improve the lot of victims of the world's worst crimes. This second edition provides a detailed analysis of the newly recognized right of victims to participate in the trials of their accused abusers. The author guides the reader through this unique, controversial body of procedural and substantive rights for victims of atrocity crimes, and discusses how to qualify as Legal Counsel for Victims, and how to seek Reparations. In addition, the author provides updated caselaw and other information to reflect the ICC's current position on victim involvement and related procedure as well as text to show how these changes in the law affect ICC procedure and advocacy.
Author: Carlos Fernández de Casadevante Romani
Author: Carlos Fernández de Casadevante Romani
Author: Walter Kälin
Author: Alison Parker
Author: Melanie Klinkner
Author: Jean-François Flauss
Author: Janusz Symonides
Author: M. Cherif Bassiouni
Author: Anne Peters
Author: Juan Carlos Ochoa S.
Author: T. Markus Funk