Anja Seibert-Fohr's Books

Prosecuting Serious Human Rights Violations

By: Anja Seibert-Fohr

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Prosecuting Serious Human Rights Violations

By: Anja Seibert-Fohr

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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Page Count

368

Publisher

OUP Oxford

Published Date

ISBN 10

0191610003

ISBN 13

9780191610004

Judgments of the European Court of Human Rights - Effects and Implementation

By: Anja Seibert-Fohr,Mark E. Villiger

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Judgments of the European Court of Human Rights - Effects and Implementation

By: Anja Seibert-Fohr,Mark E. Villiger

This volume deals with the domestic effects of judgments of the European Court of Human Rights as a challenge to the various levels of legal orders in Europe. The starting point is the divergent impact of the ECtHR’s jurisdiction within the Convention States. The volume seeks new methods of orientation at the various legal levels, given the fact that the Strasbourg case law is increasingly important for most areas of society. Topical tendencies in the case law of the Court are highlighted and discussed against the background of the principle of subsidiarity. The book includes a detailed analysis of the scope, reach, consequences and implementation of the Court’s judgments and of the issue of concomitant damages. At the same time the volume deals with the role of domestic jurisdictions in implementing the ECtHR’s judgments. Distinguished Judges, legal academics and practitioners from various Council of Europe States are among the contributors to this volume, which succeeds in bringing divergent points of view into the discussion and in developing strategies for conflict resolution.

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Page Count

410

Publisher

Routledge

Published Date

ISBN 10

1317110137

ISBN 13

9781317110132

Prosecuting Serious Human Rights Violations

By: Anja Seibert-Fohr

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Prosecuting Serious Human Rights Violations

By: Anja Seibert-Fohr

Is there a duty to prosecute serious human rights violations? This book examines this issue, drawing on international human rights instruments and case law. It finds flaws in the current prosecution of these crimes and develops proposals for improvement. Featuring in-depth analysis of trials, amnesties and impunity, it is a unique reference work.

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Page Count

363

Publisher

Oxford University Press

Published Date

ISBN 10

0199569320

ISBN 13

9780199569328

Book's by Anja Seibert-Fohr

Prosecuting Serious Human Rights Violations

Prosecuting Serious Human Rights Violations

Judgments of the European Court of Human Rights - Effects and Implementation

Judgments of the European Court of Human Rights - Effects and Implementation

Prosecuting Serious Human Rights Violations

Prosecuting Serious Human Rights Violations

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