The Protection of Human Rights in African Criminal Proceedings PDF Download

Author: M. Cherif Bassiouni
Publisher: BRILL
ISBN: 9004637745
Category : Law
Languages : en
Pages : 501

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Book Description
This book contains a collection of articles by authors from countries in Africa. The topics cover a wide range of issues in the administration of criminal justice and human rights. The different scholarly contributions facilitate a better understanding of certain aspects of the administration of criminal justice in the African sub-region and focus on specific human rights issues as they relate to international and African instruments on the protection of human rights.

Author: Manisuli Ssenyonjo
Publisher: Martinus Nijhoff Publishers
ISBN: 9004218149
Category : Law
Languages : en
Pages : 629

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Book Description
The African human rights system has undergone some remarkable developments since the adoption of the African Charter on Human and Peoples Rights, the cornerstone of the African human rights system, in June 1981. The year2011 marked the 30th anniversary of the adoption of the African Charter. It also marked 25 years since the African Charter entered into force on 21 October 1986.This book aims to provide reflections on most of the major human rights issues in the past 30 years of the African human rights system in practice and discussion on the future: the African Charter s impact and contribution to the respect, protection and promotion of human rights in Africa; the contemporary challenges faced by the African Human rights system in responding adequately to the demands of rapidly evolving African societies; and how the African human rights system can be strengthened in the future to ensure that the human rights protected in the African Charter, as developed in the jurisprudence of the African Commission since the Commission was inaugurated in 1987, are realised in practice.The chapters in this volume bring together the work of 20 human rights scholars and practitioners, with expertise in human rights in Africa, under the following general themes: rights and duties in the African Charter; rights of the vulnerable under the African system; implementation mechanisms for human rights in Africa; and towards an effective African regional human rights system.

Author: Charles C. Jalloh
Publisher: Cambridge University Press
ISBN: 110842273X
Category : History
Languages : en
Pages : 1199

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Book Description
This volume analyses the prospects and challenges of the African Court of Justice and Human and Peoples' Rights in context. The book is for all readers interested in African institutions and contemporary global challenges of peace, security, human rights, and international law. This title is also available as Open Access on Cambridge Core.

Author: Stefan Trechsel
Publisher: Oxford University Press, USA
ISBN: 9780199271207
Category : Law
Languages : en
Pages : 611

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Book Description
During the last 50 years interest in human rights has grown dramatically. Whilst newspapers focus mainly on dramatic issues: unlawful killing, torture, disappearances, or violations of freedom of speech; institutions charged with the implementation of human rights (as set out in international conventions and covenants) most frequently deal with allegations of human rights violations during criminal proceedings. The increasing internationalization of the administration of criminal law means that such cases are likely to become ever more important. In this book, the case-law of the international bodies dealing with such cases is presented and critically examined by an author who has contributed to its creation for almost a quarter of a century. The European Commission and European Court of Human Rights, in particular, have accumulated a considerable quantity of case-law, which is particularly interesting because it is intended to be valid in both Anglo-Saxon and Continental systems of criminal procedure.The law of the European Convention is emphasized because of its advanced procedures and the quality and quantity of its case-law. The book will be of interest to all scholars, practitioners, and students of international criminal law.

Author: Gerhard Werle
Publisher: Springer
ISBN: 9462651507
Category : Law
Languages : en
Pages : 349

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Book Description
This book offers the first comprehensive and in-depth analysis of the provisions of the ‘Malabo Protocol’—the amendment protocol to the Statute of the African Court of Justice and Human and Peoples’ Rights—adopted by the African Union at its 2014 Summit in Malabo, Equatorial Guinea. The Annex to the protocol, once it has received the required number of ratifications, will create a new Section in the African Court of Justice and Human and Peoples’ Rights with jurisdiction over international and transnational crimes, hence an ‘African Criminal Court’. In this book, leading experts in the field of international criminal law analyze the main provisions of the Annex to the Malabo Protocol. The book provides an essential and topical source of information for scholars, practitioners and students in the field of international criminal law, and for all readers with an interest in political science and African studies. Gerhard Werle is Professor of German and Internationa l Crimina l Law, Criminal Procedure and Modern Legal History at Humboldt-Universität zu Berlin and Director of the South African-German Centre for Transnational Criminal Justice. In addition, he is an Extraordinary Professor at the University of the Western Cape and Honorary Professor at North-West University of Political Science and Law (Xi’an, China). Moritz Vormbaum received his doctoral degree in criminal law from the University of Münster (Germany) and his postdoctoral degree from Humboldt-Universität zu Berlin. He is a Senior Researcher at Humboldt-Universität, as well as a coordinator and lecturer at the South African-German Centre for Transnational Criminal Justice.

Author: Malcolm Evans
Publisher: Cambridge University Press
ISBN: 1139470841
Category : Political Science
Languages : en
Pages :

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Book Description
The African Charter of Human and Peoples' Rights came into force in 1986, and is unique in that it lacks a precedent. However, little scholarship exists analysing it as an operational system in practice. The success of the first edition of this book led to this updated second edition. Contributors include experts who have been actively involved in the implementation of the Charter - commissioners, NGOs and academics. Offering a detailed evaluation of the Charter as a mechanism for the promotion and protection of human rights in Africa, the contributions cover the Charter's reporting system, the interpretation of different rights by the Commission, the prospects for the African Court on Human and Peoples' Rights and the role of NGOs. This authoritative and comprehensive volume will interest lawyers acting for government and non-governmental organisations, as well as academics and postgraduates.

Author: Grote, Rainer
Publisher: Edward Elgar Publishing
ISBN: 1788971124
Category : Political Science
Languages : en
Pages : 576

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Book Description
This comprehensive Research Handbook offers an in-depth examination of the most significant factors affecting compliance with international human rights law, which has emerged as one of the key problems in the efforts to promote effective protection of human rights. In particular, it examines the relationships between regional human rights courts and domestic actors and judiciaries.

Author: Michael Addaney
Publisher: Springer Nature
ISBN: 3030465233
Category : Law
Languages : en
Pages : 477

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Book Description
This book brings together original and novel perspectives on major developments in human rights law and the environment in Africa. Focusing on African Union law, the book explores the core concepts and principles, theory and practice, accountability mechanisms and key issues challenging human rights law in the era of global environmental change. It, thus, extend the frontier of understanding in this fundamental area by building on existing scholarship on African human rights law and the protection of the environment, divulging concerns on redressing environmental and human rights protection issues in the context of economic growth and sustainable development. It further offers unique insight into the development, domestication and implementation challenges relating to human rights law and environmental governance in Africa. This long overdue interdisciplinary exploration of human rights law and the environment from an African perspective will be an indispensable reference point for academics, policymakers, practitioners and advocates of international human rights and environmental law in particular and international law, environmental politics and philosophy, and African studies in general. It is clear that there is much to do, study and share on this timely subject in the African context.

Author: Dinah Shelton
Publisher:
ISBN: 0199941521
Category : Law
Languages : en
Pages : 1116

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Book Description
What role do human rights play in the development of regional organizations? What human rights obligations do states assume upon joining regional bodies? Regional Protection of Human Rights, Second Edition is the first text of its kind devoted to the European, Inter-American and African systems for the protection of human rights. It illustrates how international human rights law is interpreted and implemented across international organizations and offers examples of political, economic, social problems and legal issues to emphasize the significant impact of international human rights law institutions on the constitutions, law, policies, and societies of different regions. Regional Protection of Human Rights provides readers with access to the basic documents of each legal system and their inter-relationships, enabling readers to apply those documents to ever-changing global situations, and alerting them to the dynamic nature of regional human rights law and institutions. 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. Prospects for regional systems in the Middle East and Asia are also discussed. The relevant basic texts are reproduced in a documentary supplement. Together, Regional Protection of Human Rights and its accompanying Documentary Supplement provide comprehensive access to the basic documents of each legal system and their inter-relationships, enabling readers to apply those documents to ever-changing global situations, and alerting them to the dynamic nature of regional human rights law and institutions. 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 is also be a helpful resource for lawyers and policy-makers concerned with the protection of human rights.

Author: Frans Viljoen
Publisher: OUP Oxford
ISBN: 019162683X
Category : Law
Languages : en
Pages : 661

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Book Description
This book provides a comprehensive and analytical overview of human rights law in Africa. It examines the institutions, norms, and processes for human rights realization provided for under the United Nations system, the African Union, and sub-regional economic communitites in Africa, and explores their relationship with the national legal systems of African states. Since the establishment of the African Union in 2001, there has been a proliferation of regional institutions that are relevant to human rights in Africa. These include the Pan African Parliament, the Peace and Security Council, the Economic, Social and Cultural Council and the African Peer Review Mechanism of the New Partnership for Africa's Development. This book discusses the links between these institutions. It further examines the case law stemming from Africa' most important human rights instrument, the African Charter on Human and Peoples Rights, which entered into force on 21 October 1986. This new edition contains a new chapter on the African Children's Rights Committee as well as full coverage of new developments and instruments, such as the Convention on the Rights of Persons with Disabilities, the Convention on Enforced Disappearances, and the African Charter on Democracy, Elections and Governance. Three cross-cutting themes are explored throughout the book: national implementation and enforcement of international human rights law; legal and other forms of integration; and the role of human rights in the eradication of poverty. The book also provides an introduction to the relevant human rights concepts.