The European Court of Human Rights as a Pathway to Impunity for International Crimes

About the Author

Preface

Contents

PART I:: Selected Factors Facilitating Impunity for International Crimes Through the European Court of Human Rights

The European Court of Human Rights´ Derogation of the Jus Cogens Nature of Certain Fundamental Human Rights

Immunity as a Pathway to Impunity for International Crimes

Introduction

Case 1: Al-Adsani v. United Kingdom (Application 35763/97) European Court of Human Rights Grand Chamber Judgment of 21 Novembe

Procedural History of Al-Adsani v. United Kingdom Within the European Human Rights System

Background and U.K. Proceedings in the Case of Al-Adsani v. United Kingdom

The Application to the European Court of Human Rights in Al-Adsani v. United Kingdom

Commentary on the Reasoning of the European Court of Human Rights in Al-Adsani v. United Kingdom

Another Landmark Case on the Issue of State Subject Matter (Functional) Immunity and Absolute Personal Immunity of Individual

Case 2: Democratic Republic of Congo v. Belgium, International Court of Justice Judgment of 14 February 2002

Commentary on the International Court of Justice Judgment in Democratic Republic of Congo v. Belgium

Torture Versus Inhuman or Degrading Treatment or Punishment: Implications for Universal Criminal Jurisdiction and the Chances

Introduction

Case 3: Ireland v. United Kingdom

Procedural History and Background Relating to Ireland v. United Kingdom

Commentary on Ireland v. United Kingdom

The European Court of Human Rights´ Deference to Domestic Legislation via Application of the ``Margin of Appreciati

Case 4: Thiemann and Others v. Norway (Application 18712/03)

Procedural History and Background

Judicial History of the Theimann Case Prior to the Application Before the European Court of Human Rights

Commentary on Thiemann and Others v. Norway

References

PART II:: The European Court of Human Rights´ Reluctance to Classify European Convention Violations as International Crimes Eve

De Facto Abrogation of Potential International Crimes Due to the European Court of Human Rights´ Rulings Classifying Suc

Introduction

Forced Sterilization of Roma Women as Part of a Widespread Systemic Discrimination Against, and Persecution of the Roma People

Overview of the Plight of Roma Women in Contemporary Europe

Case 1: K.H. and Others v. Slovakia (Application. 32881/04) European Court of Human Rights Chamber Judgment, 28 April 2009

Background to K.H. and Others v. Slovakia Regarding Actions in the Domestic Courts

Case 1: Commentary on K.H. and Others v. Slovakia

Other Cases of Interest Regarding Forced Sterilization of Roma Women

Case 2: V.C. v. Slovakia (Application 18968/07) European Court of Human Rights Chamber Admissibility Decision 16 June 2009

Case 2: Commentary on V.C. v. Slovakia

A Systemic Pattern of Severe Physical Harm to Roma Living in Lead Contaminated United Nations IDP Refugee Camps in Northern Ko

Introduction

Case 3: The U.N. Kosovo Lead Contaminated Roma Refugee Camps Case (The 2006 Case Brought by the European Roma Rights Centre Ag

Background and Procedural History of the Case Concerning U.N. Northern Kosovo Lead-Contaminated Refugee Camps Occupied by Roma

Procedural History

Commentary on the Lead Contaminated UN Kosovo Roma Refugee Camps and the Failure to Prevent or End Harms to the Roma and Other

Rules of Interpretation (Rome Statute)

The Question of ICC Jurisdiction

Evidence Relevant to the Issue of Possible Genocide and Crimes Against Humanity in Relation to the U.N. Kosovo Lead Contaminat

Death and Injury to Civilians Due to the Failure of KFOR and/or UNMIK to Remove Unexploded Cluster Bombs in Post-conflict Koso

Case 4: Behrami and Behrami v. France (Application 78166/01), European Court of Human Rights Grand Chamber Judgment (Heard tog

Background and Procedural History of Behrami and Behrami v. France

Commentary on the Issue of the Accountability of Individual States Participating in U.N. Peacekeeping or Security Missions for

Interim Measures Requested by the European Court of Human Rights in Mamatkulov and Askarov v. Turkey Versus the Court´s

Introduction

Case 5: European Court of Human Rights´ Grand Chamber Judgment in Mamatkulov and Askarov v. Turkey (Applications 46827/9

Background and Procedural History

The Grand Chamber Judgment and Reasoning in Mamatkulov and Askarov v. Turkey Regarding Interim Measures

Commentary on the European Court of Human Rights´ Denial of the Applicants´ Request for Interim Emergency Measures

Conclusion: Individual State Responsibility and Accountability Relating to the Kosovo U.N. Lead Contaminated IDP Camps

Commentary on the Issue of Interim Measures

The Failure of the U.N. to Effectively Exercise Its Humanitarian and Human Rights Mandate Regarding the Kosovo U.N. Roma IDP C

The Implications of the European Court of Human Rights´ Refusal to Hold an Admissibility Hearing on the Roma Lead Contam

Fostering a Climate of Impunity Regarding the Victimization of the Kosovo Gypsy Minorities Placed in U.N. Lead Contaminated ID

The Kosovo Human Rights Advisory Panel to UNMIK: Is This a Vehicle for Just Reparation and Public Acknowledgement of Fundament

Comments on the So-Called `U.N. Supremacy Clause´

References

PART III:: The European Court of Human Rights´ Reluctance to Classify European Convention Violations as International Crimes Ev

Introduction

Case 1 Streletz, Kessler and Krenz v. Germany (Applications 34044/96, 35532/97 and 44801/98) European Grand Chamber Judgment

Background Facts and Procedural History

Commentary on Streletz, Kessler and Krenz v. Germany

Case 2 Kolk and Kislyiy v. Estonia (Application 23052/04), European Court of Human Rights Chamber Judgment of 17 January 2006

The European Court of Human Rights´ Reasoning in Kolk and Kislyiy v. Estonia

Commentary on Kolk and Kislyiy v. Estonia

The European Court of Human Rights De Facto Exoneration of Persons Convicted Domestically of `War Crimes´ or &lsqu

Case 3 Korbely v. Hungary (Application 9174/02) European Court of Human Rights Grand Chamber Judgement of 19 September 2008

Key Background Facts and Procedural History

Reasoning of the Grand Chamber of the European Court of Human Rights in Korbely v. Hungary

Commentary on Korbely v. Hungary

Case 4 Kononov v. Latvia (Application 36376/04) European Court of Human Rights Chamber Judgment of 24 July 2008 (Referred to t

Background and Domestic Proceedings

Proceedings of the European Court of Human Rights Chamber in Kononov v. Latvia

Commentary on Kononov v. Latvia

References

PART IV:: The Importance of Moral Legitimacy in International Human Rights Court Rulings

A Few Preliminary Points

Moiwana Village v. Suriname (IACHR): An Exemplary Case Regarding Moral Legitimacy in International Human Rights Court Rulings

Case 1: Moiwana Village v. Suriname Inter-American Court of Human Rights Judgement of 15 June 2005

Background and Commission Proceedings

Proceedings Before the Inter-American Court of Human Rights

The Court´s Assessment

Additional Proceedings

On the Issue of Alleged Ex Post Facto Application of International Human Rights Conventions

Moiwana Village v. Suriname and the Issue of a Denial of Justice as an `Ongoing (Convention) Violation´

Moral Legitimacy of International Human Rights Court Rulings as Essential to the Promotion of an Internationalized Rule of Law

References

Index