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

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Ilia Siatitsa (Programme Director and Senior Legal Officer, Programme Director and Senior Legal Officer, Privacy International)

Serious Violations of Human Rights

On the Emergence of a New Special Regime

Ilia Siatitsa (Programme Director and Senior Legal Officer, Programme Director and Senior Legal Officer, Privacy International)

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English

Oxford University Press
01 September 2022

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.

By: Ilia Siatitsa (Programme Director and Senior Legal Officer Programme Director and Senior Legal Officer Privacy International)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 240mm, Width: 160mm, Spine: 19mm
Weight: 1g
ISBN: 9780192863041
ISBN 10: 0192863045
Pages: 288
Publication Date: 01 September 2022
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

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 Conclusion

Dr Ilia Siatitsa is currently Programme Director and Senior Legal Officer at Privacy International (PI) and her work focuses on research and litigation on the impact of new technologies on human rights. She is a qualified lawyer in Greece and has a PhD in International Law from the Faculty of Law of the University of Geneva. Before joining PI, Ilia was a Research Fellow at the Geneva Academy of International Humanitarian Law and Human Rights leading the research on human rights in the digital age. She was also a member of the research team of the Big Data, Human Rights and Technology Project housed at the Human Rights Centre of the University of Essex. She also holds an LLM in International Humanitarian Law and Human Rights from the Law School, University of Geneva, and the Graduate Institute of International and Development Studies, an LLM in Public International Law from the University of Athens, and a Law Degree from the Democritus University, Greece.