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A few thoughts on guaranties inherent to the rule of law as applied to sanctions and the prosecution and punishment of war crimes

Published online by Cambridge University Press:  13 October 2008

Damien Scalia
Damien Scalia
Affiliation:
Damien Scalia is a teaching assistant at the Geneva Academy of International Humanitarian Law and Human Rights. He is currently working on a Ph.D. thesis.
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Abstract

War crimes are among the most serious crimes; that is why international courts and tribunals have jurisdiction to prosecute and punish them. However, serious though they are, it is not legitimate to punish them in such a way as to exceed the bounds of respect for human rights. The author considers that, when the perpetrators of war crimes are prosecuted and punished, criteria inherent to the rule of law like those applied by the European Court of Human Rights (such as legality and proportionality) must be met.

Type
Sanctions
Information
International Review of the Red Cross , Volume 90 , Issue 870: Sanctions , June 2008 , pp. 343 - 357
Copyright
Copyright © International Committee of the Red Cross 2008

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