Dewi, Yustina Trihoni Nalesti (2015) The Duty of State to Punish Gross Violations of Human Rights. In: 17th International Conference on Law and Politics, Oct 26-27, 2015, Barcelona, Spanyol. (Unpublished)
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Abstract
Gross violations of human rights consisting of crime against humanity, genocide and war crime, are serious international crimes. Prohibition such crimes has obtain to level of international norms of jus cogens based on conventions and customary international law. Therefore, the duty of state to punish the crimes is obligatory. Legal consequence of jus cogens is obligatio erga omnes which is a matter of state responsibility. When a state is not willing or neglects to do so in its national law, it results in state responsibility to be imposed by international human rights and humanitarian law. This article reviews the concept of jus cogens and obligatio erga omnes that appear as two sides of the same coin. It also explains how international human rights and humanitarian law set down the duty of state to punish gross violations of human rights.
| Item Type: | Conference or Workshop Item (Paper) |
|---|---|
| Subjects: | 300 Social Sciences > 340 Law 300 Social Sciences > 340 Law > International Law |
| Divisions: | Faculty of Law and Communication |
| Depositing User: | Ms Trihoni Nalesti |
| Date Deposited: | 12 Sep 2020 05:00 |
| Last Modified: | 05 Feb 2023 17:00 |
| URI: | http://repository.unika.ac.id/id/eprint/21915 |
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