The Role and Extent of a Proportionality Analysis in the Judicial Assessment of Human Rights Limitations Within International Criminal Proceedings

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9789004231429: The Role and Extent of a Proportionality Analysis in the Judicial Assessment of Human Rights Limitations Within International Criminal Proceedings
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The aim of this monograph is to analyze how the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the International Criminal Court have resorted to proportionality and other limitation techniques when placing implied external limits upon the exercise of substantive and procedural human rights enjoyed by the accused and other actors affected by international criminal proceedings. Implied external limits in this context are defined as those limits that override the exercise of a human right on public interest grounds or on grounds relating to competing human rights and that either fall outside the scope of a limitation/qualification clause of an international criminal court's internal legal instruments or go beyond its express and ordinary terms. The present monograph will point to various sources of legal uncertainty which international criminal courts have generated in the limitation process of those human rights relevant to international criminal proceedings and to the definition of international crimes. The monograph will examine the relation between human rights, limitations on human rights standards and proportionality under international criminal procedural law and international criminal law (understood substantively) in light of the limitation and proportionality practices of international human rights monitoring bodies.

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About the Author:

Nicolas A. J. Croquet, DPhil in Law (2011), University of Oxford, is an Advocate at the Brussels Bar. He practices in the areas of international trade law, European environmental law, climate change law and human rights law.

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Nicolas A. J. Croquet
Published by Brill, Netherlands (2015)
ISBN 10: 9004231420 ISBN 13: 9789004231429
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Book Description Brill, Netherlands, 2015. Hardback. Condition: New. Language: English . This book usually ship within 10-15 business days and we will endeavor to dispatch orders quicker than this where possible. Brand New Book. The aim of this monograph is to analyze how the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the International Criminal Court have resorted to proportionality and other limitation techniques when placing implied external limits upon the exercise of substantive and procedural human rights enjoyed by the accused and other actors affected by international criminal proceedings. Implied external limits in this context are defined as those limits that override the exercise of a human right on public interest grounds or on grounds relating to competing human rights and that either fall outside the scope of a limitation/qualification clause of an international criminal court s internal legal instruments or go beyond its express and ordinary terms. The present monograph will point to various sources of legal uncertainty which international criminal courts have generated in the limitation process of those human rights relevant to international criminal proceedings and to the definition of international crimes. The monograph will examine the relation between human rights, limitations on human rights standards and proportionality under international criminal procedural law and international criminal law (understood substantively) in light of the limitation and proportionality practices of international human rights monitoring bodies. Seller Inventory # TNP9789004231429

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CROQUET, N. A.
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Book Description BRILL, 2015. Hardback. Condition: NEW. 9789004231429 This listing is a new book, a title currently in-print which we order directly and immediately from the publisher. For all enquiries, please contact Herb Tandree Philosophy Books directly - customer service is our primary goal. Seller Inventory # HTANDREE0968460

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Nicolas A J Croquet
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Croquet, Nicolas A. J.
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Book Description Martinus Nijhoff, 2015. Hardcover. Condition: Brand New. lam edition. 396 pages. 9.25x6.25x1.25 inches. In Stock. Seller Inventory # 9004231420

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