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

ISBN : 9780192863041

Ilia Siatitsa
288 ページ
153 x234 mm

This book analyses the use of the expression 'serious violations of human rights', and similar ones, such as 'gross' or 'grave', in international practice. It highlights some of the recurring responses and consequences to such violations and suggests that a new special regime - eponymous to the above-mentioned expression - was formed. This special regime is understood as substantively limited to a very specific issue-area of human rights violations. Within this regime, a series of monitoring mechanisms and procedures are in place to highlight, document, and record such violations; specific measures are taken to enforce compliance; and certain consequences arise focused on remedying the victims of such violations. As such, this special regime is comprised of at least four thinly interconnected components: the substantive, the monitoring, the enforcement, and the remedial ones. This monograph constitutes a first step towards the recognition of such a regime, allowing far more constructive and coherent elaboration in the future. Practice around this category of violations may well evolve in a different direction than the one suggested here. However, what becomes apparent from this work is that the serious violations of human rights are a key notion in the international legal order as it allows the international community to depict those factual situations requiring its attention and action.


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
4 The national monitoring mechanisms
5 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