scholarly journals International Human Rights, International Humanitarian Law, and Environmental Security: Can the International Criminal Court Bridge the Gaps?

2001 ◽  
Author(s):  
Mark A. Drumbl
Keyword(s):  
Human Rights ◽  
International Criminal Court ◽  
International Criminal ◽  
Environmental Security ◽  
Criminal Court ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Human Rights ◽  
International Human

The Contribution of Female Judges to the Victim Jurisprudence of the International Criminal Court

2020 ◽  
pp. 366-388
Author(s):  
Juan-Pablo Pérez-León-Acevedo
Keyword(s):  
Human Rights ◽  
International Criminal Court ◽  
International Criminal ◽  
Legal Framework ◽  
Criminal Court ◽  
Judicial Activism ◽  
International Human Rights ◽  
International Human ◽  
Victim Participation

This chapter argues that female judges at the International Criminal Court (ICC) have made significant meaningful contributions to the ICC jurisprudence on victim matters. They have interpreted and applied the ICC legal framework on victims, have fleshed out the contours and scope of normative provisions, and have faced substantive and procedural issues on victim-witness protection, victim participation and reparations at the ICC. This chapter uses international human rights as a standard to assess the legitimacy of ICC jurisprudence. The jurisprudence on defence rights has largely sought to strike a balance between defence and victim rights. However, some jurisprudence on victims (partially) construed by female judges prompts questions on whether respect for defence rights or other ICC goals may have been compromised. It is argued that all ICC judges, including female judges, should take distance from excessive pro-victim judicial activism to fully respect defence rights, and avoid victim frustration.

Writing Human Rights History—And Social Science Encounters

2013 ◽  
Vol 38 (02) ◽  
pp. 512-537
Author(s):  
Joachim J. Savelsberg
Keyword(s):  
Human Rights ◽  
International Criminal ◽  
Criminal Court ◽  
Humanitarian Law ◽  
International Human Rights ◽  
Legal Scholar ◽  
Princeton University ◽  
Human Rights Movement ◽  
International Human ◽  
Human Rights History

This review essay on Aryeh Neier'sThe International Human Rights Movement:A History(Princeton University Press, 2012) discusses Neier's central themes: the origins and maturation of the movement and its effects, including the expansion of human rights and humanitarian law, enhanced criminal accountability for human rights crimes, and the appearance of criminal tribunals, culminating in the International Criminal Court. An overview is interspersed by imaginary conversations between Neier and scholars who speak to his themes, especially legal scholar Jenny Martinez, political scientists Margaret Keck and Kathryn Sikkink, historians Devin Pendas and Tomaz Jardim, and sociologists John Hagan, Daniel Levy, Natan Sznaider, Joachim Savelsberg, and Ryan D. King. Linking a practitioner's account with scholarly analyses yields some benefits of “Pasteur's Quadrant.”

scholarly journals Compensation to the Acquitted Person in International Criminal Law

2020 ◽  
pp. 103-114
Author(s):  
A. B. Mezyaev
Keyword(s):  
Human Rights ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Criminal Courts ◽  
Human Right ◽  
International Human Rights ◽  
Human Rights Treaties ◽  
International Human ◽  
The Right

INTRODUCTION. The practice of modern international criminal courts and tribunals raises serious questions about the proper enforcement of the rights of the accused. Among these rights, the accused's right to compensation is highlighted. Compensation is given to the accused (regardless of the verdict) for violation of his procedural rights and fundamental human rights and compensation to the acquitted person.MATERIALS AND METHODS. The analysis of ensuring the human right to compensation in the event of an unjust sentence is carried out on the basis of international human rights treaties, treaties on the creation of international courts, including appeal to the travaux preparatoires of the Statute of the International Criminal Court (ICC) and the practice of international criminal courts and tribunals, especially the ICC, as well as the International Tribunal for Rwanda and the International Tribunal for the Former Yugoslavia. The study was conducted using general scientific methods of cognition (in particular, analysis and synthesis), as well as comparative legal, historical legal and formal dogmatic methods. To achieve the corresponding conclusions, various methods of interpretation of the rule of law are used, in particular, grammatical, systematic, teleological, harmonic, etc.RESEARCH RESULTS. In the activities of international criminal courts and tribunals, a violation of the accused’s right to a hearing within a reasonable time is systemic, including due to the absence of any procedural deadlines on the one hand, and the absence of any rules (or their non-application) to restore the rights of the accused and punishment of the party who committed the violation of these rights. This situation poses serious problems of ensuring the rights of specific accused (including justified), but also the development of modern international criminal procedural law and international human rights law.DISCUSSION AND CONCLUSIONS. National legislation and international human rights instruments provide for the right of an acquitted person to compensation. In international criminal courts, this issue, however, is addressed in different ways. The statutes of international criminal courts ad hoc created by the UN Security Council do not mention the right to compensation for an accused or acquitted person. At the same time, the International Criminal Tribunal for Rwanda recognized that the absence of a reference to law in the Statute of the Tribunal does not mean that the persons concerned do not have the corresponding right. At the same time, this recognition did not have practical consequences. The Statute of the International Criminal Court recognizes the right to compensation, however, does so to a limited extent. Thus, in international criminal courts and tribunals, the provision of the human right to compensation (primarily compensation to an acquitted person) is performed at a lower level than that established in international human rights treaties.

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative Aspects

2010 ◽  
Vol 1 (2) ◽  
pp. 117-135
Author(s):  
Bożena Drzewicka
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Human Rights ◽  
The West ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The World ◽  
International Human

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative AspectsThe issue of confronting values between civilizations has become very important. It influences not only the level of international politics but also the international normative activity. It is very interesting for the modern international law and its doctrine. The most important factor of causing huge changes in the system of international law is still the international human rights protection and the international humanitarian law which is related to it. It is very difficult to create one catalogue of executive instruments and procedures but it is possible to influence the attitude toward the basic paradigms. The frictions appear from time to time and move to other planes. The West and Asia are still antagonists in the dialogue on the future of the world. The article is a contribution to the intercivilizational dialogue.

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