Actions for Prosecuting human rights offences : rethinking the sword function of human rights law

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Prosecuting human rights offences : rethinking the sword function of human rights law / by Kresimir Kamber

Author
Kamber, Krešimir
Published
Leiden ; Boston : Brill, 2017.
Physical Description
1 online resource
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Contents
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.
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 innovate 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.
Subject(s)
ISBN
9004337768 (E-book)
9789004337763 (electronic bk.)
9789004337756 (hardback ; alk. paper)
900433775X (hardback ; alk. paper)
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.
Bibliography Note
Includes bibliographical references and index.
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