0000000000417577
AUTHOR
Juan-pablo Pérez-león-acevedo
The European Court of Human Rights (ECtHR) vis-à-vis amnesties and pardons : factors concerning or affecting the degree of ECtHR’s deference to states
States have adopted amnesties/pardons concerning serious human rights violations to transition from crises, dictatorships, or conflicts worldwide, including Europe. Although the ECtHR has yet to review amnesties/pardons directly, it has increasingly decided on the effects of amnesties/pardons on the rights of individuals. Thus, the main research question herein is to identify which factors may determine whether and to what extent the ECtHR defers to states regarding amnesties/pardons in cases of serious human rights violations, namely, factors concerning or affecting the degree of ECtHR’s deference to states in these cases. Based on ECtHR’s jurisprudence on amnesties/pardons, this article a…
Disentangling Law and Religion in the Rohingya Case at the International Criminal Court
The Rohingya are one of the most persecuted minorities in the world. Military campaigns conducted by Myanmar against the Rohingya have led to numerous deaths, widespread cases of sexual violence, the destruction of hundreds of villages, and the deportation of more than 700,000 people to Bangladesh. These events have triggered proceedings at the International Criminal Court (ICC). The ICC has arguably failed to address the religious dimensions of crimes and facts in some of its previous jurisprudence appropriately. The entanglement of law and religion at the ICC may lead to an impoverished ratio decidendi and disregard for the victims’ claims. We hence argue that, by disentangling law and re…
Evidence About Harm: Dual Status Victim Participant Testimony at the International Criminal Court and the Straitjacketing of Narratives About Suffering
AbstractAlthough victims at the International Criminal Court (ICC) are not parties, they can apply to become “victim participants” and may be authorized by an ICC Chamber to directly and orally express their views and concerns in court. Most ICC Trial Chambers, however, have preferred allowing legal representatives of these victim participants to call victims as witnesses to give testimonial evidence about the harm they suffered. Our article focuses on the practical-epistemological challenges that come with forcing accounts of harm into this testimony-format. We draw upon ethnomethodology and conversation analysis to elucidate the discursive techniques by which legal actors in the Ongwen tr…