International Criminal Tribunals in the Shadow of Strasbourg and Politics of Cross-fertilisation

2015 ◽  
Vol 84 (3) ◽  
pp. 371-403
Author(s):  
Sergey Vasiliev
Keyword(s):  
Human Rights ◽  
International Criminal ◽  
Human Rights Law ◽  
International Human Rights ◽  
Critical View ◽  
International Criminal Tribunals ◽  
European Court ◽  
International Human

This article takes a critical view on the debates around the phenomenon of jurisprudential cross-fertilisation between international criminal tribunals and human rights courts, in particular the European Court of Human Rights. Asymmetries of cross-citation and influence along this axis of cross-judicial communication can be explained by distinct judicial styles and uneven mutual relevance, rather than by any sort of hierarchy. However, the discourse surrounding the tribunal-oriented ‘cross-fertilisation’ has a normative pull that introduces an informal hierarchy, which is a means to ensure the tribunals’ conformity with human rights law. However valid its agenda may be, this approach is legally groundless and incompatible with the terms of transjudicial communication and it underestimates the pluralist nature of international human rights, among other discontents. Ultimately, it is also ineffective in serving its main ideological purpose.

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.

Contemporary International Tribunals

2018 ◽  
Author(s):  
Antônio Augusto ◽  
Cançado Trindade
Keyword(s):  
Human Rights ◽  
International Law ◽  
Ad Hoc ◽  
International Criminal ◽  
International Human Rights ◽  
International Criminal Tribunals ◽  
International Human ◽  
International Tribunals ◽  
Cross Fertilization

More recently, jurisprudential cross-fertilization has kept on being pursued in particular by international human rights tribunals and international criminal tribunals. This is reassuring, as, despite their distinct jurisdictions, their work is complementary, in their common mission of imparting justice, in distinct domains of international law. Jurisprudential cross-fertilization fosters cohesion and the unity of law. Particularly attention is currently devoted to the preservation of the legacy of the ad hoc international criminal tribunals.

International Human Rights Law and Blockade

2018 ◽  
Author(s):  
Phillip Drew
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
European Court ◽  
Power And Control ◽  
International Human ◽  
Extraterritorial Jurisdiction ◽  
And Control

The years since the beginning of the twenty-first century have seen a significant incursion of international human rights law into the domain that had previously been the within the exclusive purview of international humanitarian law. The expansion of extraterritorial jurisdiction, particularly by the European Court of Human Rights, means that for many states, the exercise of physical power and control over an individual outside their territory may engage the jurisdiction of human rights obligations. Understanding the expansive tendencies of certain human rights tribunals, and the apparent disdain they have for any ambiguity respecting human rights, it is offered that the uncertain nature of the law surrounding humanitarian relief during blockades could leave blockading forces vulnerable to legal challenge under human rights legislation, particularly in cases in which starvation occurs as a result of a blockade.

scholarly journals The European Court of Human Rights’ Engagement with International Human Rights Instruments: Looking at the Cases of Domestic Violence

2021 ◽  
pp. 79-96
Author(s):  
Ebru Demir
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Specific Area ◽  
Case Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
European Court ◽  
International Human ◽  
Scope Of Protection

In its recent jurisprudence on domestic violence, the European Court of Human Rights started to examine the domestic violence cases in the light of relevant international human rights law developed in this specific area. This article examines the engagement of the European Court of Human Rights with other international and regional human rights instruments in domestic violence cases. Upon examination, the article concludes that by integrating its case law into international human rights law the European Court of Human Rights broadens the scope of protection for domestic violence victims and maintains the unity of international law.

Sign in / Sign up

Export Citation Format

Share Document