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The European Court of Human Rights as a Pathway to Impunity for International Crimes free ebook download

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Sociology

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Author(s):	Sonja C. Grover

Date:	2010	Format:	PDF	Language:	English	ISBN/ASIN:	3642107974
Pages:	1	OCR:		Quality:		ISBN13:
Uploader:	topron	Upload Date:	10/26/2020 9:20:08 AM

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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 traditionThe Courts 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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Tags: Court Crimes European Human Impunity International Pathway Rights

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The European Court of Human Rights as a Pathway to Impunity for International Crimes free ebook download

Category: Sociology

Description: Click to see full description

Category:
Sociology