Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-8bhkd Total loading time: 0 Render date: 2024-11-16T08:25:26.576Z Has data issue: false hasContentIssue false

4 - The Systemic Effect of International Human Rights Law on International Criminal Law

Published online by Cambridge University Press:  22 July 2019

Martin Scheinin
Affiliation:
European University Institute, Florence
Get access

Summary

This chapter analyses the various impacts international human rights law has on international criminal law. Through a careful analysis of the most emblematic cases of this interplay – from the case law of the ad hoc tribunals for the former Yugoslavia and Rwanda to the International Criminal Court, it shows that judicial application and interpretation of the Statutes of International Criminal Tribunals and Courts in light of human rights law had a systemic effect on international law. In particular, it formal as well as conceptual legal borrowing from IHRL has led to new interpretations of existing international criminal law; imposed procedural and substantive obligations onto the international criminal tribunals and courts; served as a gap-filler; and qualified existing law. In light of the contextual nuances of international criminal justice, the paper argues that many of the cases demonstrating the systemic effect of IHRL on ICL are not coherent applications of the principle of systemic integration.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2019

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×