THE RIGHTS OF VICTIMS IN CRIMINAL JUSTICE PROCEEDINGS FOR SEIOUS HUMAN RIGHTS XIOLATIONPDF|Epub|txt|kindle电子书版本网盘下载

THE RIGHTS OF VICTIMS IN CRIMINAL JUSTICE PROCEEDINGS FOR SEIOUS HUMAN RIGHTS XIOLATIONPDF格式电子书版下载

注意：本站所有压缩包均有解压码： 点击下载压缩包解压工具

Introduction1

Ⅰ. Addressing Some Critical Conceptual and Methodological Issues6

A. Defining the Rights of Victims in Criminal Procedures Analysed in this Work6

B. Delineating my Approach to This Matter8

C. Identifying and Discussing the Legal Frameworks Used in This Work10

Ⅱ. The State of Customary International Law on This Subject11

Ⅲ. Why the Current State of Customary International Law on This Matter is Inadequate12

A. Legal Bases and Rationales for Victim Access to and Participation in Criminal Procedures12

ⅰ. The Approach of International Human Rights Treaty Monitoring Bodies to Several Closely Related Matters12

ⅱ. Internationally Recognised Human Rights and Principles14

ⅲ. Other Rationales16

B. Observance of the Principles that Inform the Enforcement of Criminal Law in Democratic States19

C. Other Reasons Why the Current State of Customary International Law on This Subject is Inadequate20

D. Victim Access to and Participation in Criminal Proceedings Conducted in Situations of Mass Serious Human Rights Violations21

Ⅳ. Assessing the Significance of Victim Access to and Participation in Criminal Procedures22

Chapter Ⅰ Conceptual Framework23

Ⅰ. The Concept of Serious Human Rights Violations23

Ⅱ. The Concept of Victim25

Ⅲ. The Legal Status of the Decisions of Human Rights Treaty Monitoring Bodies in Individual Cases27

A. Practice of the UN Human Rights Committee28

B. Approaches by Scholars30

C. Approach Adopted in This Work33

Chapter Ⅱ Procedural Obligations of States in the Field of Criminal Justice When Faced with Serious Human Rights Violations37

Ⅰ. Features of States' Procedural Obligations When Faced with Serious Human Rights Violations Generally38

A. Legal Sources and Rationales38

ⅰ. Case Law of United Nations and Regional Human Rights Treaty Monitoring Bodies40

B. The Nature of States' Obligation to Investigate55

C. Content of States' Procedural Obligations58

D. The Objectives of Criminal Procedures for Serious Human Rights Violations60

E. Scope Ratione Personae62

ⅰ. United Nations Human Rights Instruments and Bodies62

ⅱ. Case Law of Regional Human Rights Treaty Monitoring Bodies65

ⅲ. Conclusion69

F. Conclusions of this Section70

Ⅱ. States' Procedural Obligations in Situations of Mass Serious Human Rights Violations71

A. The State of Customary International Law72

B. Assessing States' Compliance with Their Obligations under General Human Rights Treaties and Certain Subject Specific International Conventions79

ⅰ. Why Balance the Goal of Prosecuting Those Responsible for International Crimes and Serious Human Rights Violations with Other Objectives of Societies in Transition?79

ⅱ. Conditions to be Met in Order that a State Can Refrain from Prosecuting Those Responsible for International Crimes and Serious Human Rights Violations84

ⅲ. Legal Grounds that a State May Invoke for Adopting a Conditional Amnesty Scheme86

ⅳ. Requirements that Prosecutions Should Fulfil93

ⅴ. The Need for Non-Prosecution Measures to Supplement Prosecutions93

C. Conclusions of this Section95

Ⅲ. General Conclusions95

Chapter Ⅲ The Status Under International Law of the Rights of Access to and Participation in Criminal Proceedings Before Domestic Courts for Victims of Serious Human Rights Violations99

Ⅰ. The Approach of United Nations Instruments and Monitoring Bodies101

A. The Approach of United Nations Treaties and Their Monitoring Bodies101

ⅰ. The International Covenant on Civil and Political Rights101

ⅱ. The UN Convention against Torture103

ⅲ. International Instruments Proscribing Forced Disappearance104

ⅳ. Other International Conventions105

B. United Nations Instruments Other Than Treaties106

ⅰ. The UN Declaration for Victims of Crime106

ⅱ. The Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims107

ⅲ. The Set of Principles on Combating Impunity109

C. Conclusions110

Ⅱ. Case Law of Regional Human Rights Treaty Monitoring Bodies111

A. The Inter-American System for the Protection of Human Rights112

ⅰ. Victims' Right to Resort to the Administration of Justice to Obtain an Investigation and, if Warranted, that Those Responsible are Prosecuted and Punished112

ⅱ. Victims' Right to Participate in Criminal Proceedings117

ⅲ. Discussion118

ⅳ. Conclusions121

B. The European System for the Protection of Human Rights122

ⅰ. Victims' Rights in Criminal Proceedings Recognised by the ECtHR When Assessing Compliance with the State's Procedural Obligations When Faced with Serious Human Rights Violations122

ⅱ. Do Victims of Serious Human Rights Violations Enjoy the Right nto a Fair Hearing in Criminal Proceedings?127

ⅲ. The Implementation of States' Procedural Obligations When Faced with Serious Human Rights Violations129

ⅳ. Conclusions130

C. The African System for the Protection of Human Rights131

ⅰ. The Right to an Effective Remedy132

ⅱ. The Right to a Fair Hearing132

ⅲ. Conclusions133

Ⅲ. The Divide between the Common Law and the Civil Law Traditions134

A. The Premises and Features of the Common Law Tradition134

B. The Premises and Features of the Civil Law Tradition135

C. Features of Current Approaches in Common Law and Civil Law Jurisdictions137

D. Conclusions141

Ⅳ. General Conclusions142

Chapter Ⅳ Reappraising Access to and Participation in Criminal Proceedings for Victims of Serious Human Rights Violations147

Ⅰ. The Legal Bases and Rationales for Access to and Participation in Criminal Procedures for Victims of Serious Human Rights Violations148

A. The Approach of International Human Rights Treaty Monitoring Bodies to Several Closely Related Matters148

B. The Right to an Effective Remedy149

C. The Right to a Fair Hearing152

D. Contribution to Effective Human Rights Protection and to Reaffirmation of the Principle of the Rule of Law159

Ⅱ. Other Rationales for Victim Access to and Participation in Criminal Procedures161

A. Recognising Several Legitimate Interests of Victims in the Criminal Procedures for Serious Human Rights Violations162

ⅰ. Delimiting the Legitimate Interests of Victims in Criminal Procedures for Serious Human Rights Violations166

B. Contribution to Victim Perception of the Fairness and Legitimacy of Criminal Procedures170

Ⅲ. Addressing the Arguments Against Victim Access to and Participation in Criminal Procedures171

A. Observance of the Public Interest Criteria that Inform Decision-Making in Criminal Procedures in Democratic States171

B. Victim Access to and Participation in Criminal Procedures Reaffirm the Objectives of Criminal Tribunals172

C. Victim Participatory Rights in Criminal Procedures Can be Reconciled with a Criminal Justice System Based on Retribution173

D. Victim Participation in Criminal Procedures is Consistent with the Presumption of Innocence of the Defendant174

E. Psychological Effects of Victim Access to and Participation in Criminal Procedures Pursuant to the Rights Identified in this Monograph175

Ⅳ. Implementing Victim Access to and Participation in Criminal Procedures Conducted in Situations of Isolated Serious Human Rights Violations190

A. The Investigation Phase190

B. The Trial Phase194

ⅰ. The Right to be Heard194

ⅱ. The Rights to Offer, Examine and Challenge Evidence at the Trial200

Ⅴ. Conclusions202

Chapter Ⅴ Victim Access to and Participation in Criminal Proceedings Conducted in Situations of Mass Atrocity207

Ⅰ. Victims in the Proceedings before International and Hybrid Criminal Tribunals208

A. Victims in the Proceedings before the ad hoc International Criminal Tribunals208

B. Victims in the Proceedings before the International Criminal Court210

C. Victims in the Proceedings before the Hybrid Criminal Tribunals212

ⅰ. The Hybrid Courts in Kosovo213

ⅱ. The Special Panels in East Timor216

ⅲ. The Special Court of Sierra Leone217

ⅳ. The Special Chamber in the State Court of Bosnia and Herzegovina217

ⅴ. The Extraordinary Chambers in the Courts of Cambodia220

ⅵ. The Special Tribunal for Lebanon223

D. Conclusions224

Ⅱ. Why Allow Victim Access to and Participation in Criminal Proceedings Conducted in Situations of Mass Atrocity?225

Ⅲ. Addressing the Arguments against Victim Access to and Participation in Criminal Proceedings Conducted in Situations of Mass Atrocity229

Ⅳ. Implementing Victim Access to and Participation in Criminal Proceedings Conducted in Situations of Mass Atrocity233

A. Should Victim Participation in Criminal Proceedings Carried out in Situations of Mass Atrocity Take Place Only through a Legal Representative?233

B. Content of Victim Access to and Participation in Criminal Proceedings Conducted in Situations of Mass Atrocity238

ⅰ. Victim Rights at the Investigation Phase238

ⅱ. Victim Rights at the Trial Phase249

ⅲ. Steps Needed for the Recognition of these Victim Rights252

C. The Scope of Victims' Legitimate Interests in Criminal Proceedings Conducted in Situations of Mass Atrocity252

D. Need for Additional Measures for the Effective Implementation of Victim Access to and Participation in Criminal Proceedings Conducted in Situations of Mass Atrocity256

Ⅴ Conclusions259

Chapter Ⅵ General Conclusions263

Ⅰ. The Main Findings and Submissions of This Work263

A. The State of Customary International Law on This Matter263

B. Victim Access to and Participation in Criminal Procedures for Serious Human Rights Violations From the International Law and Normative Perspectives264

C. Implementing Victim Access to and Participation in Criminal Procedures for Serious Human Rights Violations268

ⅰ. Criminal Procedures Conducted in Situations of Isolated Serious Human Rights Violations268

ⅱ. Criminal Procedures Conducted in Situations of Mass Atrocity269

D. The Significance of Victim Access to and Participation in Criminal Procedures for Serious Human Rights Violations270

Ⅱ. The Implications of the Findings of this Work271

Bibliography275

Index307