The Comfort of International Criminal Law

Schwöbel, Christine E. J.

doi:10.1007/s10978-013-9117-1

Cited by 9 publications

(1 citation statement)

References 20 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…195 However, the connection between human rights and international criminal law is rarely contested. 196 Academics, practitioners, and NGOs, overwhelmingly agree that human rights are sources and raisons d'être of international criminal justice. 197 Although prosecution of international crimes may arguably raise threats to other human rights, especially defendants' rights, it remains undisputed that international criminal law pursues to some extent a human rights cause.…”

Section: Promoting Human Rights Through International Criminal Lawmentioning

confidence: 99%

Historical Trends of Human Rights Gone Criminal

Pinto¹

2020

Human Rights Quarterly

View full text Add to dashboard Cite

While the traditional understanding of human rights is to restrain state authority to prevent abuses against the individual, in the last few decades human rights have been recast in a way that has made criminal law one of the main instruments for their promotion. The article explores how, since the 1970s, human rights have allowed penal power to move and expand around the globe. Five trends are explored: i) the rise of victims' rights in criminal proceedings; ii) the emergence of United Nations instruments focusing on human rights enforcements by means of criminal law; iii) the development of transitional justice; iv) the promotion of human rights in international criminal law; and v) the imposition of positive duties in criminal matters by human rights bodies. The article argues that the universality of human rights has enabled criminal justice projects to spread and expand over time and space, mixing domestic and international elements. Victims' rights advocates, NGOs, practitioners, academics, judges, and policymakers have been involved in this process. Yet, the expansion of penality by means of human rights has generally appeared as uncontroversial and important questions have been left unanswered. In particular, the assumptions underlying the idea that human rights require criminal accountability remain unexplored and unchallenged. I.

show abstract

Section: Promoting Human Rights Through International Criminal Lawmentioning

confidence: 99%

Historical Trends of Human Rights Gone Criminal

Pinto¹

2020

Human Rights Quarterly

View full text Add to dashboard Cite

show abstract

Once Upon a Time in International Law…

Vos¹,

Stolk

2020

International Law's Collected Stories

View full text Add to dashboard Cite

Palgrave Studies in International Relations (the EISA book series), published in association with European International Studies Association, provides scholars with the best theoretically-informed scholarship on the global issues of our time. The series includes cutting-edge monographs and edited collections which bridge schools of thought and cross the boundaries of conventional fields of study. EISA members can access a 50% discount to PSIR, the EISA book series, here http://www.eisa-net. org/sitecore/content/be-bruga/mci-registrations/eisa/login/landing.aspx.Mai'a K. Davis Cross is the Edward W. Brooke Professor of Political

show abstract