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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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(p.281) 8 Conclusion
Prosecuting Serious Human Rights Violations

Anja Seibert-Fohr

Oxford University Press

Since this entire study provides evidence of a growing convergence of human rights and international criminal law, this last chapter presents an evaluation of that new trend in international law. It encapsulates the insight gained from the preceding analysis and considers the role human rights law should play in the emerging concept of global justice in order to guide the future. With respect to victims rights, it cautions against the assumption of a right to justice and summarizes the counter-arguments. Though advocating a prima facie obligation to prosecute serious human rights violations, the chapter militates against an absolute prohibition of amnesties and advocates a balancing approach. The chapter concludes with a caveat not to use human rights law to extend the scope of international criminal law without a firm legal basis.

Keywords:   human rights law, international criminal law, amnesties, right to justice

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