: Sonja C. Grover
: The European Court of Human Rights as a Pathway to Impunity for International Crimes
: Springer-Verlag
: 9783642107993
: 1
: CHF 85.20
:
: Internationales Recht, Ausländisches Recht
: English
: 298
: Wasserzeichen
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: PDF
Introductory Remarks on the Perspective and Intent of the Author in Writing This Monograph The European Court of Human Rights comments in the judgment Korbely v. Hungary that: However, clearly drafted a legal provision may be, in any system of law, including criminal law, there is an inevitable element of judicial interpretation. There will always be a need for elucidation of doubtful points and for adaptation to changing circumstances. Indeed, in the Convention States, the progressive development of the criminal law through judicial law making is a well-entrenched and necessary part of legal tradition...The Court's role is con?ned to ascertaining whether the effects of such an interpretation [interpretation by the national courts and authorities of domestic law which sometimes may refer to or incor- rate international law principles or agreements] are compatible with the Convention 1 [European Convention on Human Rights and Fundamental Freedoms] (emphasis added). This book then examines to what degree this 'inevitable element of judicial interpretation' has been applied by the European Court of Human Rights in a manner consistent with the guarantees of the most fundamental human rights under international criminal, human rights and humanitarian law.

Sonja C. Grover, Ph.D., is a Professor with Lakehead University, Canada. She has authored 7 books and over 80 refereed articles; over 60 on the topic of human rights published in leading international human rights and law journals, has presented numerous international conference papers and published book chapters in this field. She has also written several books on children's human rights including, 'Children's Human Rights: Challenging Global Barriers to the Child Liberation Movement' (2007); 'The Child's Right to Legal Standing' (2008) and a major reference book, 'Prosecuting International Crimes and Human Rights Abuses Committed Against Children: Leading International Court Cases' (2009).
About the Author6
Preface7
Contents17
PART I:: Selected Factors Facilitating Impunity for International Crimes Through the European Court of Human Rights22
The European Court of Human Rights´ Derogation of the Jus Cogens Nature of Certain Fundamental Human Rights23
Immunity as a Pathway to Impunity for International Crimes23
Introduction23
Case 1: Al-Adsani v. United Kingdom (Application 35763/97) European Court of Human Rights Grand Chamber Judgment of 21 Novembe26
Procedural History of Al-Adsani v. United Kingdom Within the European Human Rights System27
Background and U.K. Proceedings in the Case of Al-Adsani v. United Kingdom28
The Application to the European Court of Human Rights in Al-Adsani v. United Kingdom30
Commentary on the Reasoning of the European Court of Human Rights in Al-Adsani v. United Kingdom30
Another Landmark Case on the Issue of State Subject Matter (Functional) Immunity and Absolute Personal Immunity of Individual 56
Case 2: Democratic Republic of Congo v. Belgium, International Court of Justice Judgment of 14 February 200256
Commentary on the International Court of Justice Judgment in Democratic Republic of Congo v. Belgium57
Torture Versus Inhuman or Degrading Treatment or Punishment: Implications for Universal Criminal Jurisdiction and the Chances 63
Introduction63
Case 3: Ireland v. United Kingdom64
Procedural History and Background Relating to Ireland v. United Kingdom64
Commentary on Ireland v. United Kingdom67
The European Court of Human Rights´ Deference to Domestic Legislation via Application of the ``Margin of Appreciati83
Case 4: Thiemann and Others v. Norway (Application 18712/03)83
Procedural History and Background85
Judicial History of the Theimann Case Prior to the Application Before the European Court of Human Rights87
Commentary on Thiemann and Others v. Norway90
References111
PART II:: The European Court of Human Rights´ Reluctance to Classify European Convention Violations as International Crimes Eve112
De Facto Abrogation of Potential International Crimes Due to the European Court of Human Rights´ Rulings Classifying Suc112
Introduction112
Forced Sterilization of Roma Women as Part of a Widespread Systemic Discrimination Against, and Persecution of the Roma People114
Overview of the Plight of Roma Women in Contemporary Europe114
Case 1: K.H. and Others v. Slovakia (Application. 32881/04) European Court of Human Rights Chamber Judgment, 28 April 2009114
Background to K.H. and Others v. Slovakia Regarding Actions in the Domestic Courts114
Case 1: Commentary on K.H. and Others v. Slovakia121
Other Cases of Interest Regarding Forced Sterilization of Roma Women133
Case 2: V.C. v. Slovakia (Application 18968/07) European Court of Human Rights Chamber Admissibility Decision 16 June 2009133
Case 2: Commentary on V.C. v. Slovakia135
A Systemic Pattern of Severe Physical Harm to Roma Living in Lead Contaminated United Nations IDP Refugee Camps in Northern Ko150
Introduction150
Case 3: The U.N. Kosovo Lead Contaminated Roma Refugee Camps Case (The 2006 Case Brought by the European Roma Rights Centre Ag153
Background and Procedural History of the Case Concerning U.N. Northern Kosovo Lead-Contaminated Refugee Camps Occupied by Roma153
Procedural History157
Commentary on the Lead Contaminated UN Kosovo Roma Refugee Camps and the Failure to Prevent or End Harms to the Roma and Other159
Rules of Interpretation (Rome Statute)161
The Question of ICC Jurisdiction162
Evidence Relevant to the Issue of Possible Genocide and Crimes Against Humanity in Relation to the U.N. Kosovo Lead Contaminat163
Death and Injury to Civilians Due to the Failure of KFOR and/or UNMIK to Remove Unexploded Cluster Bombs in Post-conflict Koso167
Case 4: Behrami and Behrami v. France (Application 78166/01), European Court of Human Rights Grand Chamber Judgment (Heard tog167
Background and Procedural History of Behrami and Behrami v. France167
Commentary on the Issue of the Accountability of Individual States Participating in U.N. Peacekeeping or Security Missions for170
Interim Measures Requested by the European Court of Human Rights in Mamatkulov and Askarov v. Turkey Versus the Court´s 183
Introduction183
Case 5: European Court of Human Rights´ Grand Chamber Judgment in Mamatkulov and Askarov v. Turkey (Applications 46827/9184
Background and Procedural History184
The Grand Chamber Judgment and Reasoning in Mamatkulov and Askarov v. Turkey Regarding Interim Measures186
Commentary on the European Court of Human Rights´ Denial of the Applicants´ Request for Interim Emergency Measures188
Conclusion: Individual State Responsibility and Accountability Relating to the Kosovo U.N. Lead Contaminated IDP Camps196
Comme