Judicial Dialogue on Human Rights : The Practice of International Criminal Tribunals

The book presents a critical assessment on the use of human rights case law by international criminal tribunals. Based on the inadequacies highlighted though this analysis, the book propounds a coherent method to transfer human rights standards into international criminal justice. "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."--Back cover