Search results for "ihmisoikeusloukkaukset"
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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
2022
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…
Victims at the Central African Republic's Special Criminal Court
2021
The Central African Republic's Special Criminal Court (SCC), the latest hybrid criminal tribunal, may be considered an important legal development concerning victims of mass atrocities in international criminal justice mechanisms due to certain characteristics. Yet there is no academic commentary on victims at the SCC; this piece seeks to fill the gap. First it considers restorative justice as a general framework for victims’ roles and rights in criminal justice in contexts of mass atrocities. Second, victim matters at the SCC are examined: victim protection, victims as civil parties, and reparations. Overall, this paper argues that provisions on victims’ roles and rights contained in SCC i…