Prosecuting War Crimes and Meeting Obligations under the Convention for the Protection of Human Rights and Fundamental Freedoms at the Same Time – the Case of Croatia

IF 0.9 Q3 INTERNATIONAL RELATIONS

Croatian International Relations Review Pub Date : 2015-12-01 DOI:10.1515/cirr-2015-0016

Lara Barberić, Davorka Čolak, Jasmina Dolmagić

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引用次数: 3

Abstract

Abstract This article aims to give an overview of how human rights violations that occurred during the Homeland War in Croatia are redressed by conducting criminal prosecution in the Republic of Croatia. Namely, criminal prosecution as one of the elements of transitional justice is essential not only for establishing the accountability of war crime perpetrators, but also as a warning that such violations shall not be tolerated in the future. Moreover, drawing on the jurisprudence of the European Court of Human Rights, this article examines how the efforts made by national prosecution bodies to investigate war crimes are assessed by this court. It concludes with the idea that both prosecution of war crimes and protection of human rights, as guaranteed by The Convention for the Protection of Human Rights and Fundamental Freedoms and the European Court of Human Rights, seek to achieve the same goal, i.e. protecting the most basic human rights of the war crimes victims and other individuals.

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起诉战争罪并同时履行《保护人权和基本自由公约》规定的义务-克罗地亚的情况

本文旨在概述如何通过在克罗地亚共和国进行刑事起诉来纠正克罗地亚国土战争期间发生的侵犯人权行为。也就是说，刑事起诉作为过渡时期司法的要素之一，不仅对于确定战争罪犯的责任至关重要，而且对于警告今后不得容忍这种违法行为也至关重要。此外，本文借鉴欧洲人权法院的判例，审查了该法院如何评价国家检察机构为调查战争罪行所作的努力。它的结论是，起诉战争罪行和保护《保护人权和基本自由公约》和欧洲人权法院所保障的人权，都力求达到同一目标，即保护战争罪行受害者和其他个人的最基本人权。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

Croatian International Relations Review Social Sciences-Political Science and International Relations

CiteScore

1.70

自引率

0.00%

发文量

审稿时长

17 weeks

期刊介绍： The Croatian International Relations Review (CIRR) is an interdisciplinary academic journal published in English since 1995 and focuses on political science, sociology, law and economics. Each issue includes scholarly, double-blind peer reviewed articles, and book reviews. CIRR is a member of COPE – Committee on Publication Ethics – and is published electronically by the Institute for Development and International Relations (IRMO) in Zagreb. The journal is supported by the Ministry of Science and Education of the Republic of Croatia and is published in collaboration with De Gruyter Open, the world’s second largest publisher of Open Access academic content. CIRR is indexed by 40 scholarly databases, including ESCI, Scopus, Erih Plus, EconLit and Proquest Social Science Premium Collection. Articles reflect the views of their authors only.