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Judicial Dialogue on Human Rights offers a critical legal perspective on the manner in which international criminal tribunals select, (re-)interpret and apply the principles and standards formulated by the European Court of Human Rights. A part of the book is devoted to testing the assumption that the current practice of cross-referencing, though widespread, is incoherent in method and erratic in substance. Notable illustrations analysed in the book include the nullum crimen principle, prohibition of torture, hearsay evidence and victims’ rights. Another section of the book seeks to devise a methodologically sound ‘grammar’ of judicial dialogue, focussing on how and when human rights concepts may be transferred into the context of international criminal justice.
Price: $185.00
Pages: 304
Publisher: Brill
Imprint: Brill | Nijhoff
Series: International Studies in Human Rights
Publication Date:
15 September 2017
ISBN: 9789004313743
Format: Hardcover
"Lobba and Mariniello examine the methodology and approach — or lack thereof — of international criminal tribunals when incorporating the case law and standards developed by the European Court of Human Rights (ECtHR) into decisions. The volume belongs to a relatively rare species of reflective books, which critically comment upon certain developments or trends, while retaining a practical aspect. The 15 chapters, spanning four parts, attempt to insert order into an otherwise chaotic and underexplored field. In addition, the reader is provided with some tangible rules and methodology arising from the analysis."
Niccolò Pons, Journal of International Criminal Justice, Volume 16, Issue 3, 1 July 2018, Pages 672–675.
Paolo Lobba, Ph.D. (2013), University of Bologna and Humboldt University of Berlin, is post-doctoral fellow in Bologna. As UN Legal Officer, he served at the Khmer Rouge Tribunal for over three years. His research interests extend to European anti-racism legislation and case law, and victims’ rights.
Triestino Mariniello, Ph.D. (2011), University of Naples 2, is a Senior Lecturer in Law at Edge Hill University (UK). He has also served as a Visiting Professional and Associate Legal Officer at the Pre-Trial Division of the International Criminal Court, working on situations in Sudan, Democratic Republic of Congo and Republic of Kenya.
Triestino Mariniello, Ph.D. (2011), University of Naples 2, is a Senior Lecturer in Law at Edge Hill University (UK). He has also served as a Visiting Professional and Associate Legal Officer at the Pre-Trial Division of the International Criminal Court, working on situations in Sudan, Democratic Republic of Congo and Republic of Kenya.