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The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations addresses a question of critical importance to policy-makers, international lawyers, academics, and affected societies throughout the world: Should victims of serious human rights violations be granted under international law the rights of access to and participation in criminal proceedings before international, hybrid and domestic tribunals?
Juan Carlos Ochoa applies a thorough analysis of international and comparative domestic law and practice to this question, taking into account a host of international human rights instruments and case law, the theory, law and practice of international and hybrid criminal tribunals, the law and practice in several domestic jurisdictions, and many theoretical and empirical studies. After first determining the current state of, and emerging trends in, international law in this area, he argues that the lack of recognition of these rights under customary international law is inadequate, because access to and participation in criminal proceedings for victims of these infringements are based on several internationally recognised human rights and principles, contribute to the expressivist objectives of these procedures, and are consistent with the principles that inform the enforcement of criminal law in democratic States. On this basis, Ochoa convincingly suggests concrete reforms.
Juan Carlos Ochoa applies a thorough analysis of international and comparative domestic law and practice to this question, taking into account a host of international human rights instruments and case law, the theory, law and practice of international and hybrid criminal tribunals, the law and practice in several domestic jurisdictions, and many theoretical and empirical studies. After first determining the current state of, and emerging trends in, international law in this area, he argues that the lack of recognition of these rights under customary international law is inadequate, because access to and participation in criminal proceedings for victims of these infringements are based on several internationally recognised human rights and principles, contribute to the expressivist objectives of these procedures, and are consistent with the principles that inform the enforcement of criminal law in democratic States. On this basis, Ochoa convincingly suggests concrete reforms.
Price: $284.00
Pages: 316
Publisher: Brill
Imprint: Brill | Nijhoff
Publication Date:
06 February 2013
ISBN: 9789004212152
Format: Hardcover
“This book addresses the question of the rights of victims of serious human rights violations in a comprehensive and insightful manner, particularly victims’ access to and participation in criminal proceedings…It is a major contribution to the field, and as such, it is one of those books that should be read by anyone interested in the protection of human rights and victims’ rights.” – M. Cherif Bassiouni, Emeritus Professor of Law, DePaul University and United Nations Independent Expert on the Rights of Victims (1998-2002)
“This meticulous study on the position of victims with respect to prosecutions for serious human rights violations before international, hybrid and domestic courts maps the landscape, points to the deficiencies and indicates areas for reform. Nothing comparable exists in the literature.” – William Schabas, Professor of International Law, Middlesex University
“This monograph offers a very comprehensive review of international instruments and case-law regarding victims’ rights. It also refreshingly incorporates a normative bent…In a field often permeated with polemic and plied with pre-conception, this book is refreshingly careful, detailed, extensively researched, and prudent.” – Mark A. Drumbl, Professor of Law and Director, Transnational Law Institute, Washington and Lee University
“Juan Carlos Ochoa makes a compelling case for the rights of victims in criminal justice procedures for serious human rights violations." – Karol Nowak, Assistant Professor, Lund University
“This meticulous study on the position of victims with respect to prosecutions for serious human rights violations before international, hybrid and domestic courts maps the landscape, points to the deficiencies and indicates areas for reform. Nothing comparable exists in the literature.” – William Schabas, Professor of International Law, Middlesex University
“This monograph offers a very comprehensive review of international instruments and case-law regarding victims’ rights. It also refreshingly incorporates a normative bent…In a field often permeated with polemic and plied with pre-conception, this book is refreshingly careful, detailed, extensively researched, and prudent.” – Mark A. Drumbl, Professor of Law and Director, Transnational Law Institute, Washington and Lee University
“Juan Carlos Ochoa makes a compelling case for the rights of victims in criminal justice procedures for serious human rights violations." – Karol Nowak, Assistant Professor, Lund University
Juan Carlos Ochoa is a Postdoctoral Research Fellow at the University of Oslo, Faculty of Law. He is based at the Norwegian Centre for Human Rights.