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The Lettter of the Law: The Scope of the International Legal Obligation to Prosecute Human Rights Crimes

Scharf, Michael

1996

Abstract

Customary international law recognizes permissive jurisdiction to prosecute
persons responsible for crimes against humanity either nationally or before an
international tribunal. Where atrocities occur during an international armed conflict, the Geneva Conventions require prosecution; where mass violence is directed at ethnic, national, racial, or religious groups, the Genocide Convention requires prosecution; and where persons under color of law commit acts of torture in a country that is a party to the Torture Convention, the Convention requires
prosecution. Any amnesty conferred in those limited circumstances would constitute
a violation of treaty law and would be subject to challenge in a variety of
domestic and international fora.
Only open access items are publicly downloadable
Entry Type : Uncategorized
Uploaded By : International Crimes Strategy Forum (ICSF)
Upload date : Saturday, 3 May 2014

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