The rights of victims in criminal justice proceedings for serious human rights violations /
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| Author / Creator: | Ochoa, Juan Carlos. |
|---|---|
| Imprint: | Leiden ; Boston : Martinus Nijhoff Publishers, 2013. |
| Description: | 1 online resource |
| Language: | English |
| Series: | Graduate Institute of International and Development Studies (Series) ; vol. 12 Graduate Institute of International and Development Studies (Series) ; vol. 12. |
| Subject: | |
| Format: | E-Resource Book |
| URL for this record: | http://pi.lib.uchicago.edu/1001/cat/bib/11173184 |
Table of Contents:
- The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations; Copyright; Dedication; Contents; Acknowledgments; Note on the Method of Citation; List of Abbreviations; Introduction; I. Addressing Some Critical Conceptual and Methodological Issues; A. Defining the Rights of Victims in Criminal Procedures Analysed in this Work; B. Delineating my Approach to This Matter; C. Identifying and Discussing the Legal Frameworks Used in This Work; II. The State of Customary International Law on This Subject.
- III. Why the Current State of Customary International Law on This Matter is InadequateA. Legal Bases and Rationales for Victim Access to and Participation in Criminal Procedures; i. The Approach of International Human Rights Treaty Monitoring Bodies to Several Closely Related Matters; ii. Internationally Recognised Human Rights and Principles; iii. Other Rationales; B. Observance of the Principles that Inform the Enforcement of Criminal Law in Democratic States; C. Other Reasons Why the Current State of Customary International Law on This Subject is Inadequate.
- D. Victim Access to and Participation in Criminal Proceedings Conducted in Situations of Mass Serious Human Rights ViolationsIV. Assessing the Significance of Victim Access to and Participation in Criminal Procedures; Chapter I Conceptual Framework; I. The Concept of Serious Human Rights Violations; II. The Concept of Victim; III. The Legal Status of the Decisions of Human Rights Treaty Monitoring Bodies in Individual Cases; A. Practice of the UN Human Rights Committee; B. Approaches by Scholars; C. Approach Adopted in This Work.
- Chapter II Procedural Obligations of States in the Field of Criminal Justice When Faced with Serious Human Rights ViolationsI. Features of States' Procedural Obligations When Faced with Serious Human Rights Violations Generally; A. Legal Sources and Rationales; i. Case Law of United Nations and Regional Human Rights Treaty Monitoring Bodies; B. The Nature of States' Obligation to Investigate; C. Content of States' Procedural Obligations; D. The Objectives of Criminal Procedures for Serious Human Rights Violations; E. Scope Ratione Personae.
- I. United Nations Human Rights Instruments and Bodiesii. Case Law of Regional Human Rights Treaty Monitoring Bodies; iii. Conclusion; F. Conclusions of this Section; II. States' Procedural Obligations in Situations of Mass Serious Human Rights Violations; A. The State of Customary International Law; B. Assessing States' Compliance with Their Obligations under General Human Rights Treaties and Certain Subject Specific International Conventions.