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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 of Human Rights Violations under Customary International Law

Prosecution of Human Rights Violations under Customary International Law

Chapter:
(p.229) 7 Prosecution of Human Rights Violations under Customary International Law
Source:
Prosecuting Serious Human Rights Violations
Author(s):

Anja Seibert-Fohr

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199569328.003.0007

While the previous part of the book considers treaty law this chapter turns to the question of whether customary international law provides for a duty to prosecute serious human rights violations. It departs from an analysis of the protection of aliens as a precursor of human rights law and turns to contemporary concepts of general international law. Reference is made to international criminal law, to the emerging concept of State responsibility for human rights violations, and its relevance for criminal procedure. The chapter critically evaluates the idea of state crimes in international law. It also considers universal jurisdiction and the concept of aut dedere aut judicare. Finally, a description of current State practice highlights recent standards for post-conflict justice and explains the limited scope for amnesties. The chapter concludes with a summary.

Keywords:   customary international law, state responsibility, protection of aliens, universal jurisdiction, aut dedere aut judicare, amnesties, post-conflict justice, United Nations, State practice, international crimes

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