Serious Violations of Human Rights On the Emergence of a New Special Regime

by Siatitsa, Ilia

• ISBN13: 9780192863041
• ISBN10: 0192863045
• Format: Hardcover
• Copyright: 2022-10-31
• Publisher: Oxford University Press

Table of Contents

Brief Summary
Introduction: The Origins of the Regime
1. The you evolution of a legal regime
2. Connection of serious violations of human rights to other notions
3. Shaping the special regime
4. The relationship between the special and the (general) human rights law regimes
5. 'Serious' versus 'gross' and other similar expressions
6. Structuring the special regime
Chapter 1: The Substantive Component Identifying a Serious Violation of Human Rights
1. The elements forming a serious violation of human rights
2. The external elements
3. The involvement of the state
4. The contextual aspect
5. The 'iceberg' of serious violations of human rights
Chapter 2: The Monitoring Component
1. Country-specific inter-governmental procedures
2. Extra-conventional international inquiry and fact-finding mechanisms
3. The treaty-based inquiry mechanisms
3. The national monitoring mechanisms
4. A multilateral network of monitoring responses
Chapter 3: The Enforcement Component
1. 'Threat to the peace' and serious violations of human rights
2. Other responses to serious violations of human rights
3. Responsibility to protect
4. Enforcement in pursuit of the common purpose
Chapter 4: The Remedial Component
1. Instruments specific to serious violations of human rights
2. Adjudicating serious violations of human rights
3. A victim-oriented but not individualistic approach to remedies
Conclusion