The Duty of State to Punish Gross Violations of Human Rights

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 (Unpublished)

	Text The Duty of State to Punish Gross violation of Human Rights, Barcelona.pdf Restricted to Repository staff only Download (1MB) | Request a copy
	Text Sertifikat Konferensi Barcelona.pdf Download (213kB)
	Text Similarity report The Duty of State.pdf Download (762kB)

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

Actions (login required)

View Item