Conceptualizing the Duty to Prosecute under Human Rights Treaties
Conceptualizing the Duty to Prosecute under Human Rights Treaties
Since the growing emphasis on the proper administration of justice inevitably leads to a supervisory role of international courts in the analysis of domestic criminal law and procedure, there is a need for a solid foundation in international law. It is necessary to clarify further why criminal measures are required and to elucidate the specific role of prosecution for the protection of human rights. This is what this chapter seeks to do. While the previous chapters consider the jurisprudence under each human rights instrument respectively this chapter compares current approaches towards criminal measures. It highlights differences in the courts' current conceptualization, identifies shortcomings, and evaluates the legal rationales for the obligation to prosecute serious human rights violations. By developing a consolidated, coherent, and profound concept of prosecution in international human rights, this part of the book seeks to make suggestions for further jurisprudential development. The chapter concludes with a summary.
Keywords: legal doctrine, criminal punishment, right to justice, remedies, prevention, deterrence, amnesties
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