Overview

Criminal punishment is increasingly seen as a necessary element of human rights protection. There is a growing conviction at the international level that those responsible for the most serious crimes should not go unpunished. Although there is a wealth of legal writing on international criminal law, an extensive analysis is still needed of the questions why and to what extent criminal prosecution is a necessary means of human rights protection at the domestic level. This book is the first to examine comprehensively the duty to prosecute serious human rights violations under the International Covenant on Civil and Political Rights, the American and European Conventions on Human Rights, and customary international law. It does so by exploring the phenomena of impunity and amnesties. These issues are particularly relevant for post-conflict situations in which it is often argued that criminal punishment threatens peace and reconciliation. The question of how to deal with post-conflict justice under international human rights law is therefore a continuing theme throughout the book. Apart from post-conflict justice the text also considers the relevance of criminal measures in times of peace by exposing flaws in the criminal legislation and in the conduct of criminal procedure. With its survey of the relevant human rights instruments and jurisprudence, Prosecuting Serious Human Rights Violations is placed at the interface of international criminal law and international human rights. The book analyses the rapidly growing body of human rights case law, dealing with criminalization, prosecution and punishment of serious human rights violations. It identifies and critically examines the standards for the conduct of criminal proceedings developed by the European and Inter-American Courts of Human Rights and the UN Human Rights Committee, providing a unique reference tool for scholars and practitioners working in this area of law. It also describes the standards for criminal law under the Conventions Against Genocide, Torture, and Enforced Disappearances. As the analysis of pertinent case law reveals shortcomings in the current conceptualization of the prosecution of human rights violations, the author develops a solid theoretical framework for future jurisprudence. By evaluating the relationship between criminal law and the protection of human rights, the book elucidates not only the potential but also the limits of the role human rights law can play in the emerging concept of international criminal justice.

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9780199569328

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`'[T]his book provides a comprehensive description and insightful scholarly analysis of the applicable conventional and customary international legal obligations of states to prosecute the perpetrators of serious human rights violations. This valuable study addresses the full range of issues which bear on that important subject.[...]Dr. Anja Seibert-Fohr has produced an outstanding study of a subject that has heretofore not received the scholarly attention it deserves. Her book should therefore prove of special value to national judges and prosecutors dealing with cases involving serious violations of human rights. Human rights experts and NGOs, as well as international judges struggling with related problems, will find much in this book to assist them in their work.'' Judge Thomas Buergenthal, from the Foreword `The author analyses closely and skilfully a rapidly growing body of case law by relevant institutions in the field of human rights, focusing on the duty of States to prosecute and punish perpetrators of serious human rights violations...This outstanding contribution of the existing literature on human rights can serve a large readership, including scholars and students in the field of human rights and criminal law, as well as practitioners, and NGO activists.' Gentain Zyberi, International Law Observer.eu, September 2009

A must-read for academics, policymakers, and practitioners interested in human rights, criminal law, and transitional justice... it is an outstanding piece of legal scholarship, the relevance of which extends beyond the legal discipline. The central research question is clearly defined and thoroughly explored. Stef Vandeginste, Leiden Journal of International Law

A must-read for academics, policymakers, and practitioners interested in human rights, criminal law, and transitional justice... it is an outstanding piece of legal scholarship, the relevance of which extends beyond the legal discipline. The central research question is clearly defined and thoroughly explored. Stef Vandeginste, Leiden Journal of International Law There are many strengths to Seibert-Fohr's book. A key one is its original perspective. Iyiola Solanke, International Journal of Transitional Justice

Author Information

Dr. Anja Seibert-Fohr heads the Minerva Research Group at the Max-Planck Institute for Comparative Public Law and International Law in Heidelberg. She holds law degrees from Germany and the United States and received her Doctorate of Juridical Science with Thomas Buergenthal as her advisor. As a senior researcher at the Max Planck Institute she has published widely in international law. Her scholarly research is focused primarily on international criminal law, international human rights and comparative constitutional law. She also co-edited the Max Planck Commentaries on World Trade Law. International criminal law, civil rights, international peacekeeping and dispute settlement have been among her teaching assignments at the Universities of Heidelberg and Mannheim.

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