The European Court of Human Rights as a Pathway to Impunity for International Crimes

Released on by Sonja C. Grover
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  • The European Court of Human Rights as a Pathway to Impunity for International Crimes Book Detail

  • Author : Sonja C. Grover
  • Release Date : 2010-04-05
  • Publisher : Springer Science & Business Media
  • Genre : Law
  • Pages : 317
  • ISBN 13 : 3642107990
  • File Size : 53,53 MB
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The European Court of Human Rights as a Pathway to Impunity for International Crimes by Sonja C. Grover PDF Summary

Book Description: 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.

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