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The fight against impunity is an increasingly central concept in EU law-making and adjudication. What is the meaning and the scope of impunity as a legal concept in the EU legal order? How does the fight against impunity influence policy and adjudication? This timely first piece of comprehensive research aims to to address these largely unexplored questions, which involve structural institutional and substantive dilemmas underpinning the most recent developments of the European integration process. In recent years, the fight against impunity has become a pressing concern for the European institutions. It has shaped several EU policies and has led to a recurring argument in the case law of the Court of Justice. The book sheds light on this elusive notion, providing a much needed conceptual appraisal. The first section examines the scope of the notion of impunity, and its role in the EU decision-making process and in the development of EU competences. Subsequent sections discuss the implications of impunity - and of the fight against it - in a variety of complementary domains, namely the allocation of criminal jurisdiction, mutual recognition instruments, the rise of new surveillance technologies and the external dimension of the Area of Freedom, Security and Justice. This book is an original and timely contribution to scholarship, which is of interest to academics, researchers and policy-makers alike.
Bringing together leading experts in the field, this volume provides comprehensive academic commentary on the UN Principles to Combat Impunity. The book features the text of each of the 38 Principles, along with a full analysis, detailed commentary, and a guide to relevant literature and case law.
This volume presents and critiques the distorted effects of the international human rights movement's focus on the fight against impunity.
The fight against impunity has become a growing concern of the international community. Updated in 2005, the UN Set of Principles for the Protection and Promotion of Human Rights Through Action to Combat Impunity is the fruit of several years of study, developed under the aegis of the UN Commission on Human Rights and then affirmed by the Human Rights Council. These Principles are today widely accepted as constituting an authoritative reference point for efforts in the fight against impunity for gross human rights abuses and serious violations of international humanitarian law. As a comprehensive attempt to codify universal accountability norms, the UN Set of Principles marks a significant step forward in the debate on the obligation of states to combat impunity in its various forms. Bringing together leading experts in the field, this volume provides comprehensive academic commentary of the 38 principles. The book is a perfect companion to the document, setting out the text of the Principles alongside detailed analysis, as well as a full introduction and a guide to the relevant literature and case law. The commentary advances debates and clarifies complex legal issues, making it an essential resource for legal academics, students, and practitioners working in fields such as human rights, international criminal law, and transitional justice.
"The fight against impunity is an increasingly central concept in EU law-making and adjudication. What is the meaning and the scope of impunity as a legal concept in the EU legal order? How does the fight against impunity influence policy and adjudication? This timely book is the first comprehensive research to address these largely unexplored questions, which involve structural institutional and substantive dilemmas underpinning the most recent developments of the European integration process. Over the last years, the fight against impunity has amounted to a pressing concern for the European institutions. It has shaped several EU policies and has become a recurring argument in the case law of the Court of Justice. The book sheds light on this elusive notion, providing a much needed conceptual appraisal. The first section examines the scope of the notion of impunity, and its role in the EU decision-making process and in the development of EU competences. Subsequent sections discuss the implications of impunity - and of the fight against it - in a variety of complementary domains, namely the allocation of criminal jurisdiction, mutual recognition instruments, the rise of new surveillance technologies and the external dimension of the Area of Freedom, Security and Justice. This book is an original and timely contribution to scholarship, which is of interest to academics, researchers and policy-makers alike"--
On 1 July 2022, the International Criminal Court will celebrate its 20th anniversary. Twenty years ago, the Rome Statute reaffirmed that it is the duty of every state to exercise its criminal jurisdiction over those responsible for core international crimes - the crime of genocide, crimes against humanity and war crimes. The European network of contact points in respect of persons responsible for genocide, crimes against humanity and war crimes (the Genocide Network), hosted by the European Union Agency for Criminal Justice Cooperation (Eurojust), was created precisely to help Member States fulfil this duty, thus supporting the principle of complementarity. In recent years, several conflicts and situations of massive human rights violations - including in Belarus, Iraq, Libya and Syria, to name a few - have attracted attention from the public and the international community, in part because of the violence of the conflicts, and in part owing to their geographical proximity to the EU and direct impact on refugee flows. As a result, victims, civil society and the public have actively scrutinised Member States' efforts to fight against impunity. At the time of publication of this report, the EU and its Member States are facing a crisis unparalleled since the entry into force of the Rome Statute. The Russian invasion of Ukraine and alleged core international crimes committed in that context have sparked many simultaneous initiatives to promote accountability, including the opening of investigations in 11 Member States. The situation will undoubtedly test the EU and its Member States' readiness to tackle core international crimes committed on a large scale. The EU will also need to take a leading role in coordinating the actions of numerous stakeholders.