Reference : The Gravity of International Crimes as a Challenge to the (Full) Protection of Human ...
Scientific journals : Article
Law, criminology & political science : European & international law
The Gravity of International Crimes as a Challenge to the (Full) Protection of Human Rights before International Criminal Tribunals? A Strasbourg Perspective
Deprez, Christophe mailto [Université de Liège > Département de droit > Droit international privé >]
Nordic Journal of International Law
Martinus Nijhoff
Yes (verified by ORBi)
[en] International criminal justice ; Gravity of crimes ; Human rights ; Adaptability ; Contextualism
[en] While it goes undisputed that international criminal tribunals (ICTs) are, in general terms, bound to respect human rights standards, there is no consensus on whether their obligations should be identical in scope to those of national criminal tribunals. Most commentators seem to value the idea of equality in protection for international and domestic defendants alike. Yet, according to others, the human rights obligations of ICTs should be contextualised, that is, adapted to the specificities of international justice – and most critically to the gravity of international crimes. This article seeks to shed some light on this debate. It does so, in particular, by pointing out the intrinsic flexibility of human rights, and by drawing on the practice of the European Court of Human Rights with respect to gravity-based contextualism.

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