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In Prosecuting Human Rights Offences: Rethinking the Sword Function of Human Rights Law the author explores and explains the extent to which the features of the procedural obligation to investigate, prosecute and punish criminal attacks on human rights determine the contemporary understanding of the function of criminal prosecution. The author provides an innovative and thought-provoking account of the highly topical and largely unexplored topic of the sword function of human rights law. The book contains the first comprehensive and holistic analysis of the procedural obligation to investigate and prosecute human rights offences in the law of the European Convention on Human Rights, which the author puts in the general perspectives of human rights law and criminal procedure.
What place does the right to life have in armed conflicts? And does it lock down military objectives? In the first sustained coverage of the area, Ian Park examines conflicts in Iraq, Afghanistan, Libya, and Syria to explicate how far governments should be entitled to derogations from human rights whilst engaging in combat operations.
Now in its fourth edition, this well-respected textbook blends the theory of human rights with its context, debates and practice.
Dr. Natasha Stamenkovikj offers a comparative analysis of the scope and application of the right to the truth as a fundamental right in public international law, and as a concept in European policies for promoting peace and transitional justice. The book provides a systematized assessment of the conceptualisation of the right to the truth in the enlargement policy of the Council of Europe as applied towards the former Yugoslav societies. By assessing the coherence of the Council’s standardization on the right to the truth, Dr. Stamenkovikj addresses the legitimacy of the Council as an exporter of values and creator of norms.
By combining conceptual analysis with an emphasis on procedures and mechanisms of implementation, this volume provides a multidimensional overview of human rights. After examining briefly the history of human rights, the author analyses the intellectual framework that forms the basis of their legitimacy.
Según los términos del Artículo 1 Común a los cuatro Convenios de Ginebra de 1949, los Estados partes quedan sujetos a una obligación de respetar y de hacer respetar el Derecho Internacional Humanitario (DIH). En este libro se analiza si la Unión Europea (UE) y dos de sus Estados Miembros –Francia y España– ejecutan su obligación de hacer respetar el DIH. Concretamente, se trata de analizar cómo dos corpus jurídicos originalmente indiferentes el uno del otro, el DIH y el Derecho de la Unión, llegaron a converger y entrelazarse. Se sostiene que la aplicación del DIH ha de ser analizada desde una perspectiva multinivel. Mientras el DIH depende de los Estados para asegurar su ef...
This seminal text offers a comprehensive account of the case law of the ECHR and its underlying principles. It provides a guide to decisions under the Convention and its protocols, article by article, as well as explaining the history and likely development of the law.
This volume emphasizes the consequential nature of secondary rules of international law (such as attribution, causality, and the standard and burden of proof) and argues that the outcome of litigation is fundamentally shaped by the exact standard of proof, standard of review, or attribution basis that is chosen by adjudicators.
Kurdish Studies Archive publishes the content of volumes 1 to 10 of Kurdish Studies. This interdisciplinary and peer-reviewed journal was dedicated to publishing high-quality research and scholarship. Since 2023 the journal has been continued as the new Kurdish Studies Journal, published by Brill, and focuses on research, scholarship, and debates in the field of Kurdish studies in a multidisciplinary fashion covering a wide range of topics including, but not limited to, economics, history, society, gender, minorities, politics, health, law, environment, language, media, culture, arts, and education.
A rich and gripping account of the challenges of transnational legal mobilization against an authoritarian regime engaged in state violence.