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.”

Africa and the Shaping of International Human Rights

2020 ◽  
Author(s):  
Derrick M. Nault
Keyword(s):  
Human Rights ◽  
Criminal Court ◽  
International Human Rights ◽  
Colonial Era ◽  
Political Dissent ◽  
International Human ◽  
Congo Free State ◽  
Human Rights Norms ◽  
Human Rights History ◽  
Postcolonial History

Africa throughout its postcolonial history has been plagued by human rights abuses ranging from intolerance of political dissent to heinous crimes such as genocide. Some observers consequently have gone so far as to suggest that human rights are a concept alien to African cultures. The International Criminal Court (ICC)’s focus on Africa in recent years has reinforced the region’s reputation as a hotspot for human rights violations. But despite Africa’s notoriety concerning human rights, Africa and the Shaping of International Human Rights argues that the continent has been pivotal for helping shape contemporary human rights norms and practices. Challenging prevailing Eurocentric interpretations of human rights’ origins and evolution, it demonstrates that from the colonial era to the present Africa’s peoples have drawn attention to and prompted novel ways of thinking about human rights through their encounters with the world at large. Beginning with the depredations of King Leopold II in the Congo Free State in the 1880s and ending with the ICC’s current activities in Africa, it reveals how African events, personalities, groups, and nations have influenced the trajectory of human rights history in intriguing and critical ways, in the end enlarging and universalizing a major discourse of our time.

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.

Provisional Release in International Human Rights Law and International Criminal Law

2011 ◽  
Vol 11 (4) ◽  
pp. 707-743 ◽  
Author(s):  
Kate Doran
Keyword(s):  
Human Rights ◽  
Ad Hoc ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Criminal Court ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
European Court ◽  
International Human

AbstractThis article is a review of the jurisprudence on provisional release and an analysis of how such a mechanism operates under the Statute of the International Criminal Court. It examines how pretrial release is dealt with in international human rights law while focusing on the judgments of the European Court of Human Rights. It goes on to evaluate the position of the ad hoc tribunals regarding the issue of pre-trial release and seeks to articulate how and why the ad hoc tribunals have moved away from customary international law. It also seeks to evaluate the actual reach of the presumption of innocence in provisional release cases at the European Court of Human Rights and the International Criminal Tribunal for the Formen Yugoslavia. Finally, the article considers the recent jurisprudence of the ICC regarding interim release.

Sign in / Sign up

Export Citation Format

Share Document