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

Authors: Grover, Sonja C.

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About this book

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.

About the authors

Sonja C. Grover, Ph.D., is a Professor with Lakehead University, Canada. She has authored 7 books and over 80 refereed articles; over 60 on the topic of human rights published in leading international human rights and law journals, has presented numerous international conference papers and published book chapters in this field. She has also written several books on children’s human rights including, "Children's Human Rights: Challenging Global Barriers to the Child Liberation Movement" (2007); "The Child’s Right to Legal Standing" (2008) and a major reference book, "Prosecuting International Crimes and Human Rights Abuses Committed Against Children: Leading International Court Cases" (2009).

Table of contents (4 chapters)

  • PART I: Selected Factors Facilitating Impunity for International Crimes Through the European Court of Human Rights

    Grover, Sonja C.

    Pages 1-90

  • PART II: The European Court of Human Rights’ Reluctance to Classify European Convention Violations as International Crimes Even When Those Violations Likely Constitute ‘Genocide’ or ‘Crimes Against Humanity’ in Times of Peace or in Immediate Post-conflict Periods

    Grover, Sonja C.

    Pages 91-206

  • PART III: The European Court of Human Rights’ Reluctance to Classify European Convention Violations as International Crimes Even When Those Violations Likely Constitute ‘War Crimes’ or ‘Crimes Against Humanity in Times of Armed Conflict’

    Grover, Sonja C.

    Pages 207-273

  • PART IV: The Importance of Moral Legitimacy in International Human Rights Court Rulings

    Grover, Sonja C.

    Pages 275-293

Buy this book

eBook $149.00
price for USA (gross)
  • ISBN 978-3-642-10799-3
  • Digitally watermarked, DRM-free
  • Included format: PDF, EPUB
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $189.00
price for USA
  • ISBN 978-3-642-10797-9
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
Softcover $189.00
price for USA
  • ISBN 978-3-642-42404-5
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
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Bibliographic Information

Bibliographic Information
Book Title
The European Court of Human Rights as a Pathway to Impunity for International Crimes
Authors
Copyright
2010
Publisher
Springer-Verlag Berlin Heidelberg
Copyright Holder
Springer-Verlag Berlin Heidelberg
eBook ISBN
978-3-642-10799-3
DOI
10.1007/978-3-642-10799-3
Hardcover ISBN
978-3-642-10797-9
Softcover ISBN
978-3-642-42404-5
Edition Number
1
Number of Pages
XXV, 298
Topics