Chapter

Human Rights and International Criminal Law

in The Perils of Global Legalism

Published by University of Chicago Press

Published in print September 2009 | ISBN: 9780226675749
Published online March 2013 | e-ISBN: 9780226675923 | DOI: http://dx.doi.org/10.7208/chicago/9780226675923.003.0008
Human Rights and International Criminal Law

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In the twentieth century, both international criminal law and international human rights law were greatly expanded. International criminal law has come to refer to a set of international crimes, which can be committed by individuals, who then are subject to the jurisdiction of international tribunals and domestic courts under the principle of universal jurisdiction. International human rights law refers to states' obligations to respect certain rights of people irrespective of their nationality. In the context of global legalism, the rise of individual rights under international law is an exciting development. This chapter discusses human rights and international criminal law. After describing the trials of war criminals at Nuremberg and Tokyo, it examines the establishment of the international human rights regime, what accounts for the development of international criminal law and the international human rights regime after World War II, the European Court of Human Rights and the Inter-American Court of Human Rights, and the recent past and likely future of the International Criminal Court.

Keywords: international criminal law; human rights law; human rights; global legalism; international law; war criminals; trials; European Court; Inter-American Court; International Criminal Court

Chapter.  12570 words. 

Subjects: Public International Law

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