The European Court of Human Rights as a pathway to impunity for international crimes /
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| Author / Creator: | Grover, Sonja C. |
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| Imprint: | London ; New York : Springer, c2010. |
| Description: | xxv, 298 p. ; 24 cm. |
| Language: | English |
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| Format: | Print Book |
| URL for this record: | http://pi.lib.uchicago.edu/1001/cat/bib/8121282 |
| Summary: | Introductory Remarks on the Perspective and Intent of the Author in Writing This Monograph The European Court of Human Rights comments in the judgment Korbely v. Hungary that: However, clearly drafted a legal provision may be, in any system of law, including criminal law, there is an inevitable element of judicial interpretation. There will always be a need for elucidation of doubtful points and for adaptation to changing circumstances. Indeed, in the Convention States, the progressive development of the criminal law through judicial law making is a well-entrenched and necessary part of legal tradition...The Court's role is con?ned to ascertaining whether the effects of such an interpretation [interpretation by the national courts and authorities of domestic law which sometimes may refer to or incor- rate international law principles or agreements] are compatible with the Convention 1 [European Convention on Human Rights and Fundamental Freedoms] (emphasis added). This book then examines to what degree this "inevitable element of judicial interpretation" has been applied by the European Court of Human Rights in a manner consistent with the guarantees of the most fundamental human rights under international criminal, human rights and humanitarian law. |
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| Physical Description: | xxv, 298 p. ; 24 cm. |
| Bibliography: | Includes bibliographical references and index. |
| ISBN: | 9783642107979 3642107974 9783642107993 3642107990 |