Prosecuting human rights offences : rethinking the sword function of human rights law / by Kresimir Kamber.
2017
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Items
Details
Author
Title
Prosecuting human rights offences : rethinking the sword function of human rights law / by Kresimir Kamber.
Imprint
Leiden ; Boston : Brill, [2017]
Description
1 online resource (xvi, 580 pages) : illustrations.
Series
International criminal law series ; 11.
Human Rights and Humanitarian Law E-Books Online, Collection 2017, ISBN ; 9789004328037.
Human Rights and Humanitarian Law E-Books Online, Collection 2017, ISBN ; 9789004328037.
Formatted Contents Note
Preliminary Material
Introduction
Procedural Obligation in the Multi-layered Structure of Human Rights
Obligation to Investigate and Prosecute Human Rights Offences in International Human Rights Law
Obligation to Investigate and Prosecute Human Rights Offences under the ECHR
The Concept of Procedural Obligation in Practical Legal Reasoning
Conceptualising Variances: The Right-claim to Effective Application of Criminal-law Mechanisms and the Public Prerogative of Criminal Prosecution
Optimising Variances: Differentiation of the Human Rights Element in the Charging Process
Conclusion
Bibliography
Index.
Introduction
Procedural Obligation in the Multi-layered Structure of Human Rights
Obligation to Investigate and Prosecute Human Rights Offences in International Human Rights Law
Obligation to Investigate and Prosecute Human Rights Offences under the ECHR
The Concept of Procedural Obligation in Practical Legal Reasoning
Conceptualising Variances: The Right-claim to Effective Application of Criminal-law Mechanisms and the Public Prerogative of Criminal Prosecution
Optimising Variances: Differentiation of the Human Rights Element in the Charging Process
Conclusion
Bibliography
Index.
Summary
In Prosecuting Human Rights Offences: Rethinking the Sword Function of Human Rights Law the author explores and explains the extent to which the features of the procedural obligation to investigate, prosecute and punish criminal attacks on human rights determine the contemporary understanding of the function of criminal prosecution. The author provides an innovative and thought-provoking account of the highly topical and largely unexplored topic of the sword function of human rights law. The book contains the first comprehensive and holistic analysis of the procedural obligation to investigate and prosecute human rights offences in the law of the European Convention on Human Rights, which the author puts in the general perspectives of human rights law and criminal procedure.
Note
Based on the author's thesis (doctoral - Ghent University Faculty of Law, 2016) issued under title: Effective application of criminal law mechanics in human rights protection : the function of criminal prosecution in contemporary criminal justice systems --Preface.
Bibliography, etc. Note
Includes bibliographical references (pages 511-572) and index.
Location
www
Available in Other Form
Online version: Kamber, Krešimir. Prosecuting human rights offences. Leiden ; Boston : Brill, 2017
Access Note
Available to subscribing member institutions only.
Linked Resources
Alternate Title
Brill Human Rights and Humanitarian Law E-Books Online Collection
Language
English
ISBN
9789004337763 (electronic book)
9789004337756 (print)
9789004337756 (print)
Record Appears in