/library/oar/handle/123456789/123886 2026-06-19T17:48:35Z 2026-06-19T17:48:35Z Andó, Salvo /library/oar/handle/123456789/124130 2024-07-02T08:43:20Z 2005-01-01T00:00:00Z

Title: Mediterranean Journal of Human Rights : volume 9 : number 1 Authors: Andó, Salvo Abstract: TABLE OF CONTENTS; New wars and International Crime : Causes, Consequences, and Responses : Salva Andó; ARTICLES; · Territorial Autonomy and the Rights of Indigenous Peoples In International Law: Stephen Allen · Children's Rights in the Maltese Audiovisual Landscape: Proposals for Legislative Reform: Kevin Aquilina · Le Principe de Restitutio in lntegrum dans le Contentieux International des Droits de !'Homme: Cherifou Gassama · Communication Law and New Spaces in the Age of Globalisation: Diego Medina Morales · Islam and the Qur'an - a Valid Perspective for Defining 'Universal' Human Rights? Declan O'Sullivan; COMMENTS; · Anachronistic or is the Human Rights Corpus still replete with the Savage, Victim and Saviour Metaphor? Sebastian De Brennan · The Charter of Fundamental Rights in the Work of the European Convention on the Future of the Union: Mariaelena Ferigo · Et Tu, Qusay? A Functional Neoclassic Response to an Assassination-averse Ideology: Roman Ortega-Cowan · Is there a Duty to Prosecute, or Can You Trade Amnesty for Peace? The Bosnian situation: Kim O'Steen; Abstracts in Arabic; Subscription Form; Note to Contributors

2005-01-01T00:00:00Z O'steen, Kim /library/oar/handle/123456789/124129 2024-07-02T08:41:02Z 2005-01-01T00:00:00Z

Title: Is there a duty to prosecute, or can you trade amnesty for peace? The Bosnian situation Authors: O'steen, Kim Abstract: "Amnesty" is defined as an act of sovereign power decriminalizing a past offense. This is an Area of Law Comment that asks whether there is a duty to prosecute under international law when there have been horrific crimes committed against humanity. The second issue is which international treaties should be used to determine whether there is a duty to prosecute when there have been human rights violations committed against innocent civilians. The Comment looks more specifically at the situation in Brcko, Bosnia and explores the history of the Serbs as a way of explaining their behavior in the 1990's. The Comment analyzes international law as well as a few international treaties relating to human rights violations to help resolve the above issues. The Comment also uses a couple of different countries as examples of where amnesty has worked for the new government as well as some examples of countries where it has not. The Comment also looks beyond the legal issues and probes the political issues as well. The Comment explores the short-term and the long-term effects of granting amnesty. The Comment also addresses the issue of what could happen by not adhering to the rule of law and granting amnesty in order to achieve peace.

2005-01-01T00:00:00Z Ortega-Cowan, Roman /library/oar/handle/123456789/124128 2024-07-02T08:38:40Z 2005-01-01T00:00:00Z

Title: Et tu, qusay? A functional neoclassic response to an assassination-averse ideology Authors: Ortega-Cowan, Roman Abstract: This article explores United Nations-sanctioned assassination as a top-down means of removing oppressive regimes to replace the currently preferred but generally ineffective bottom-up methods of Article 41 economic sanctions and Article 42 armed intervention. Rather than leave assassinations to individual nations, UN-granted immunity for the insiders surrounding yet fearing oppressive dictators, encouraging them to remove their leader to avoid war and their resulting deaths would avoid the unintended harm caused to the oppressed citizenry by the present UN framework. Acknowledging the issues raised by the suggestion of assassination, analysis shifts to the application of moral (literary and philosophical) and legal (international and domestic) norms and challenges their bases in light of the need to protect basic human rights while acting in response to a Security Council Article 39 determination of a threat to world peace and security. (A summary of the article is attached at Appendix I).

2005-01-01T00:00:00Z Ferigo, Mariaelena /library/oar/handle/123456789/124127 2024-07-02T08:36:31Z 2005-01-01T00:00:00Z

Title: The charter of fundamental rights in the work of the European Convention on the future of the Union Authors: Ferigo, Mariaelena Abstract: This article refers in particular, to the possibility of the European Union's Charter of Fundamental Rights being inserted into the same Union's Constitutional Treaty project, as well as the need, discussed in Laeken, of the Union acceding to the Council of Europe's European Convention on Human Rights, and how these topics will affect the European Court of Justice and access to it. It is argued that fundamental human rights often necessitate a form of constitutionalisation and there is a discussion of the findings of particular working groups referring to "technical" questions such as "the role of the Explanations of the Charter reworked in the framework of the Convention" (on the Future of the Union). This is followed by an examination of the working group's discussion relating to the procedures and consequences of accession to the ECHR and, subsequently, there is concrete reference to article 6 of the TEU and how the right contained therein would be affected by the Charter's inclusion in the new Constitution. The final chapter wraps up the article and draws the reader's attention towards the fact that these Constitutional discussions are in reality discussing "the very nature of European integration".

2005-01-01T00:00:00Z