Prosecuting Human Rights Offences: Rethinking the Sword Function of Human Rights Law

Human Rights

Prosecuting Human Rights Offences: Rethinking the Sword Function of Human Rights Law

By Kresimir Kamber
Brill Nijhoff February 2017

Specifications

ISBN-13
9789004337756
Publisher
Brill Nijhoff
Publication
February 2017
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

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.

Table of Contents

Excerpt of table of contents:
List of figures
Preface
I INTRODUCTION
1. Restructuring the relationships of criminal process from a human rights perspective
2. A paradoxical relationship of criminal law and human rights as a research question
3. Methodological issues
II PROCEDURAL OBLIGATION IN THE MULTI-LAYERED STRUCTURE OF HUMAN RIGHTS
1. Proceduralisation of human rights
2. Procedural obligation within the structure of positive obligations
3. Procedural obligation and the right to an effective remedy in human rights law
4. Procedural obligation as an inherent component of human rights norms
5. Instead of conclusion: conceiving the procedural obligation within a general conceptual framework
III OBLIGATION TO INVESTIGATE AND PROSECUTE HUMAN RIGHTS OFFENCES IN INTERNATIONAL HUMAN RIGHTS LAW
1. Obligation to investigate and prosecute human rights offences in the soft law instruments
2. Obligation to investigate and prosecute human rights offences in the mechanisms of soft enforcement
3. Obligation to investigate and prosecute human rights offences in the mechanisms of direct impact
4. Obligation to investigate and prosecute human rights offences in EU law
5. Conclusion
IV OBLIGATION TO INVESTIGATE AND PROSECUTE HUMAN RIGHTS OFFENCES UNDER THE ECHR
1. Procedural obligation under the ECHR
2. Article 2 ECHR (right to life) and Article 3 ECHR (prohibition of torture)
3. Article 4 ECHR (prohibition of slavery and forced labour)
4. Article 5 ECHR (right to liberty and security)
5. Article 8 ECHR (right to respect for private and family life)
6. Article 9 ECHR (freedom of thought, conscience and religion)
7. Article 10 ECHR (freedom of expression)
8. Article 11 ECHR (freedom of assembly and association)
9. Article 14 ECHR (prohibition of discrimination)
10. Article 1 of Protocol No.
1 to the ECHR (protection of property
11. Conclusion
V THE CONCEPT OF PROCEDURAL OBLIGATION IN PRACTICAL LEGAL REASONING
1. Introduction
2. Logical and conceptual juridical construction of the concept of procedural obligation
3. Substantive and criterial aspect of the right-claim to effective application of criminal-law mechanisms
4. Instead of conclusion
VI CONCEPTUALISING VARIANCES: THE RIGHT-CLAIM TO EFFECTIVE APPLICATION OF CRIMINAL-LAW MECHANISMS AND THE PUBLIC PREROGATIVE OF CRIMINAL PROSECUTION
1. Prosecutorial discretion
2. Protection of the rights of the accused
VII OPTIMISING VARIANCES: DIFFERENTIATION OF THE HUMAN RIGHTS ELEMENT IN THE CHARGING PROCESS
1. Introduction
2. Two mechanisms of procedural optimisation
3. Conclusion
VIII CONCLUSION
BIBLIOGRAPHY
Table of cases
Table of statutes
Table of secondary sources
Table of international and comparative materials
Literature
Index.
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