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Prosecuting Serious Human Rights Violations$
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Anja Seibert-Fohr

Print publication date: 2009

Print ISBN-13: 9780199569328

Published to Oxford Scholarship Online: February 2010

DOI: 10.1093/acprof:oso/9780199569328.001.0001

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Prosecution under the International Covenant on Civil and Political Rights

Prosecution under the International Covenant on Civil and Political Rights

(p.11) 2 Prosecution under the International Covenant on Civil and Political Rights
Prosecuting Serious Human Rights Violations

Anja Seibert-Fohr

Oxford University Press

This chapter elaborates on the role prosecution plays for the protection of human rights under the International Covenant on Civil and Political Rights. It analyses the standards of this universal instrument for the conduct of criminal proceedings against human rights offenders, and explains how the UN Human Rights Committee has developed its doctrine on whether and why there is a treaty obligation to prosecute and punish serious violations of the ICCPR. A detailed and structured representation of the relevant provisions and the pertinent jurisprudence are provided to act as a guide through the wealth of cases. The chapter elaborates which human rights violations require criminal prosecution, why prosecution is essential for the protection of human rights, and under which circumstances the call for criminal measures may be compromised. It also considers victim rights and the validity of amnesties and alternative forms of post-conflict justice. The chapter concludes with a summary and outlook.

Keywords:   ICCPR, Human Rights Committee, investigation, prosecution, amnesties, victims, post-conflict justice

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