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The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations

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ISBN13: 9789004212152
Published: February 2013
Publisher: Brill Academic Publishers
Country of Publication: The Netherlands
Format: Hardback
Price: £147.00



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The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations addresses a question of critical importance to policy-makers, international lawyers, academics, and affected societies throughout the world: Should victims of serious human rights violations be granted under international law the rights of access to and participation in criminal proceedings before international, hybrid and domestic tribunals?

Juan Carlos Ochoa applies a thorough analysis of international and comparative domestic law and practice to this question, taking into account a host of international human rights instruments and case law, the theory, law and practice of international and hybrid criminal tribunals, the law and practice in several domestic jurisdictions, and many theoretical and empirical studies. After first determining the current state of, and emerging trends in, international law in this area, he argues that the lack of recognition of these rights under customary international law is inadequate, because access to and participation in criminal proceedings for victims of these infringements are based on several internationally recognised human rights and principles, contribute to the expressivist objectives of these procedures, and are consistent with the principles that inform the enforcement of criminal law in democratic States. On this basis, Ochoa convincingly suggests concrete reforms.

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Subjects:
Human Rights and Civil Liberties
Contents:
Introduction
Chapter I Conceptual Framework
Chapter II Procedural Obligations of States in the Field of Criminal Justice When Faced with Serious Human Rights Violations
Chapter III The Status Under International Law of the Rights of Access to and Participation in Criminal Procedures Before Domestic Courts for Victims of Serious Human Rights Violations
Chapter IV Access to and Participation in Criminal Procedures for Victims of Serious Human Rights Violations
Chapter V Victim Access to and Participation in Criminal Procedures Conducted in Situations of Mass Atrocity
Chapter VI General Conclusions
Bibliography
Index.