Manual Transitional Jurisprudence and the ECHR

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Toggle navigation Menu. Name of resource. Problem URL. Describe the connection issue. SearchWorks Catalog Stanford Libraries. Transitional jurisprudence and the European Convention on Human Rights : justice, politics and rights.

Responsibility edited by Antoine Buyse, Michael Hamilton. Physical description xii, p. Online Available online. Full view.


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Law Library Crown. T73 Unknown. The book can be recommended to a broad spectrum of law specialists interested in human rights law, transitional justice, international criminal law as well as constitutional and comparative law.

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Submission » DergiPark

Croatia, a decision of the Grand Chamber, the Court gave a wide-ranging set of views on the status and practice of Amnesty laws in general as well as addressing the specific case before it. The facts were broadly uncontested. He was convicted in Croatia in , as a former commander of the Croatian army of war crimes against the civilian population.

Dean Spielmann

This is not the first time that the European Court of Human Rights has addressed amnesty issues, adding to a growing international court jurisprudence on the acceptability of amnesties. Turkey where it declared that amnesties, pardons, or statutes of limitations should not apply to criminal cases involving torture and ill-treatment.


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As others have noted , the Court has also said its earlier finding, in Ould Dah v. The Court found by a majority, that Article 4 of Protocol No. At the same time, the Court, unanimously, declared inadmissible the complaint under Article 4 of Protocol No. Specifically, the Grand Chamber opined that:. The possibility for a State to grant amnesty in respect of grave breaches of human rights may be circumscribed by treaties to which the State is a party.

‘Transition, equality and non-discrimination’ in Transitional Jurisprudence and the ECHR,

There are several international conventions that provide for a duty to prosecute crimes defined therein see the Geneva Convention of for the Protection of Victims of Armed Conflicts and their Additional Protocols, in particular common Article 3 of the Geneva Conventions … and the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment. This case adds to the ongoing international jurisprudence on the use of amnesty laws. Dodge and Ingrid Wuerth. Castleberry and Camille Stewart.