Following an overview of the beginnings and the development of human rights protection since the end of World War II and the role of the regional human rights Courts, the chapter discusses the relationship and possible overlap between these Courts and the judicial organs of regional international organisations which, directly or indirectly, are in a position to rule in cases that involve or raise human rights issues and concerns. Thereafter, the chapter discusses the value that the regional human rights Courts’ judgments might have as objective and independent evidence of the violation of obligations by the Member States of the respective regional organisations. The relationship between the regional human rights Courts, the exercise of criminal jurisdiction, the International Criminal Court as well as the establishment in Africa of a continental court with the jurisdiction to adjudicate alleged human rights violations and try alleged perpetrators of international crimes are considered next. Furthermore, the chapter investigates the various forms of communication that have shaped interactions between the human rights Courts. Finally, it offers some thoughts on the possibility of creating a global human rights court of justice.

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Regional Human Rights Justice: Past, Present and the Future

  • Konstantinos D. Magliveras

摘要

Following an overview of the beginnings and the development of human rights protection since the end of World War II and the role of the regional human rights Courts, the chapter discusses the relationship and possible overlap between these Courts and the judicial organs of regional international organisations which, directly or indirectly, are in a position to rule in cases that involve or raise human rights issues and concerns. Thereafter, the chapter discusses the value that the regional human rights Courts’ judgments might have as objective and independent evidence of the violation of obligations by the Member States of the respective regional organisations. The relationship between the regional human rights Courts, the exercise of criminal jurisdiction, the International Criminal Court as well as the establishment in Africa of a continental court with the jurisdiction to adjudicate alleged human rights violations and try alleged perpetrators of international crimes are considered next. Furthermore, the chapter investigates the various forms of communication that have shaped interactions between the human rights Courts. Finally, it offers some thoughts on the possibility of creating a global human rights court of justice.