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.

Bringing together leading experts in the field, this volume provides comprehensive academic commentary on the UN Principles to Combat Impunity. The book features the text of each of the 38 Principles, along with a full analysis, detailed commentary, and a guide to relevant literature and case law.

Justice and Memory after Dictatorship: Latin America, Eastern Europe and the Fragmentation of International Criminal Law provides a ground-breaking socio-historical account of the global transformation of international criminal law after the fall of dictatorships at the end of the 1980s.

An analysis of how the European Convention on Human Rights applies to military operations.

The Global Community Yearbook is a one-stop resource for all researchers studying international law generally or international tribunals specifically. The Yearbook has established itself as an authoritative source of reference on global legal issues and international jurisprudence. It includes analysis of the most significant global trends in a way that allows readers to monitor the development of the global legal order from several perspectives. The Global Community Yearbook publishes annually in a volume of carefully chosen primary source material and corresponding expert commentary. The general editor, Professor Giuliana Ziccardi Capaldo, employs her vast expertise in international law to select excerpts from important court opinions and to choose experts from around the world to contribute essay-guides, which illuminate those cases. Although the main focus is recent case law from the major international tribunals and regional courts, the first four parts of each year's edition features expert articles by renowned scholars who address broader themes in current and future developments in international law and global policy, themes that appear throughout the case law of the many courts covered by the series as a whole. The Global Community Yearbook has thus become not just an indispensable window to recent jurisprudence: the series now also serves to prepare researchers for the issues facing emerging global law. The 2016 edition of The Global Community Yearbook both updates readers on the important work of long-standing international tribunals and introduces readers to more novel topics in international law. The Yearbook has established itself as an authoritative resource for research and guidance on the jurisprudence of U.N.-based tribunals and regional courts. The 2016 edition continues to provide expert coverage of the EU Court of Justice and diverse tribunals from the International Court of Justice (ICJ) to criminal tribunals such as the International Criminal Court (ICC) and the Tribunals for the Former Yugoslavia and Rwanda, to economically based tribunals such as ICSID and the WTO Dispute Resolution panel, to human rights courts such as ECtHR and IACtHR. This edition contains original research articles on the development and analysis of the concept of global law and the views of the global law theorists, such as the Editorial focusing on a new remedy for the violation of the jus cogens principle concerning the imprescriptibility of torture. This edition also includes expert introductory essays by prominent scholars in the realm of international law, on topics as diverse and current as the role of the WTO's Appellate Body in interpreting the TRIPS Agreement and an examination of the EU Court of Justice data protection framework in light of the EU Charter of Fundamental Rights. Researchers will find detailed guidance on a rich diversity of legal topics, from an examination of the processes under which transnational criminal law norms have been adopted and the process under which these norms have been globally implemented, to the impact post-conviction DNA testing has had on the criminal justice system in the United States. This edition also provides students, scholars, and practitioners a valuable combination of expert discussion and direct quotes from the court opinions to which that discussion relates. This publication can also be purchased on a standing order basis.

The Inter-State Application under the European Convention on Human Rights provides the first comprehensive monograph about the State-to-State human rights enforcement mechanism. The functions of the mechanism include also dispute settlement aspects, which are related to the compulsory jurisdiction of the Strasbourg Court. The study provides a full account of the development of the Inter-State Application under Article 33 ECHR and puts its case law in the relevant historical and institutional context. The analysis concludes with detailed reform considerations which are situated within the discussion about the role of the European Court of Human Rights. The focus lies on the possibility to address and improve systemic human rights deficits beyond the single case. The Court’s growing inter-State docket evidences the need for legal certainty. See inside the book.

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.

Genocide, Ethnonationalism, and the United Nations examines a series of related crises in human civilization growing out of conflicts between powerful states or empires and indigenous or stateless peoples. This is the first book to attempt to explore the causes of genocide and other mass killing by a detailed exploration of UN archives covering the period spanning from 1945 through 2011. Hannibal Travis argues that large states and empires disproportionately committed or facilitated genocide and other mass killings between 1945 and 2011. His research incorporates data concerning factors linked to the scale of mass killing, and recent findings in human rights, political science, and legal theory. Turning to potential solutions, he argues that the concept of genocide imagines a future system of global governance under which the nation-state itself is made subject to law. The United Nations, however, has deflected the possibility of such a cosmopolitical law. It selectively condemns genocide and has established an institutional structure that denies most peoples subjected to genocide of a realistic possibility of global justice, lacks a robust international criminal tribunal or UN army, and even encourages "security" cooperation among states that have proven to be destructive of peoples in the past. Questions raised include: What have been the causes of mass killing during the period since the United Nations Charter entered into force in 1945? How does mass killing spread across international borders, and what is the role of resource wealth, the arms trade, and external interference in this process? Have the United Nations or the International Criminal Court faced up to the problem of genocide and other forms of mass killing, as is their mandate?

The European Convention on Human Rights has been a standard-setting text for transitions to peace and democracy in states throughout Europe. This book analyses the content, role and effects of the jurisprudence of the European Court relating to societies in transition. It features a wide range of transitional challenges, from killings by security forces in Northern Ireland to property restitution in East Central Europe, and from political upheaval in the Balkans to the position of religious minorities and Roma. Has the European Court developed a specific transitional jurisprudence? How do politics affect the ways in which the Court's judgments are implemented? Does the Court's case-law itself become woven into narratives of struggle in transitional societies? This book seeks to answer these questions by highlighting the unique role of Europe's main guardian of human rights, the Court in Strasbourg. It includes a comparison with the Inter-American and African human rights systems.

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.