RT Article
T1 National prosecutions as the main remedy in cases of massive human rights violations: an assessment of the approach of the European Court of Human Rights
JF International journal of transitional justice
VO 9
IS 3
SP 449
OP 468
A1 Răduleţu, Sebastian
LA English
YR 2015
UL https://krimdok.uni-tuebingen.de/Record/1860742920
AB The phenomenon of massive human rights violations has created a preoccupation among states and within the international community with how these acts should be remedied in a human rights context. The focus of this article is the European Court of Human Rights’ role in scrutinizing domestic investigations and prosecutions of massive human rights violations. It asserts that while the Court, for various reasons, has taken a rather conservative approach, it has nonetheless succeeded in developing a doctrine of procedural obligations under Articles 2, 3 and 5 of the European Convention on Human Rights and in removing juridical obstacles to domestic prosecutions, such as amnesty laws or non-retroactivity penal norms. This article also maintains that because the central role in supervising the execution of the Court’s judgments belongs to the Committee of Ministers of the Council of Europe, a political body, the Court’s decisions in cases of widespread and systematic abuse could provide a strong foundation for both political pressure and political measures against reluctant states.
K1 Massive human rights violations
K1 Prosecutions
K1 Procedural obligation
K1 International crimes
K1 European Court of Human Rights
K1 European Convention on Human Rights
DO 10.1093/ijtj/ijv024