. The European Court of Human Rights (ECtHR) has imposed adjustments on national systems only if necessary for the protection of freedom of religion or belief or other fundamental freedoms included in the echr . 3 The first difficult issue raised by Article 9 echr is how to define the notion of
Sophie van Bijsterveld
1 Introduction The 1993 Kokkinakis judgment was the first in which the European Court of Human Rights (hereafter: the European Court, the Court, or the ECtHR) found a violation of Article 9 of the European Convention on Human Rights (hereafter: the Convention or the echr ), the right
Edited by Peter Kempees
Based on an ongoing case in Sweden, where Girjas Sami village sued the Swedish state for violation of property rights, this article examines the European Court of Human Rights’ potential influence in the Arctic region’s legal system when it comes to protection of property of Arctic indigenous peoples. This article shows that notwithstanding the historical background of the European Convention for the Protection of Human Rights and Fundamental Freedoms, the case law of the Court provides a solid foundation to advocate that the Court can take a more active role in protecting the rights of Arctic indigenous peoples. What is different in the case of indigenous peoples is that their rights pre-exist that of a modern state, and this does not correlate with the structure of the Convention, which seemingly leads to less protection under the Convention for indigenous peoples. This puts a higher level of responsibility both upon the applicants, as well as on the Court to scrutinize, and apply, the case law of the Court in line with the Convention and the adopted principle of interpretation.
only accepted the right to apply individually to the European Court of Human Rights (ECtHR) (Article 25) in 1987, and only recognised the compulsory jurisdiction of the ECtHR under Article 46 in 1990. The issue of the Armenian Genocide was not the only one at stake in ensuring that the ECtHR could not
an essential element. The European Court of Human Rights (ECtHR) is therefore faced with a panoply of different constitutional models based on deeply held religious beliefs and compromises often only found under duress. Religious pluralism must thus be the starting point whenever the Court is called
Procedure and Evidence
The book contains a digest of relevant decisions, orders and judgments (which are collectively referred to as “decisions”) of the ICTY, ICTR, the Special Court (hereinafter “ ad hoc Tribunals”), the ICC, and the ECHR. The CD-ROM which accompanies this book includes the decisions themselves, which are organised topically on it. Most of the decisions on the CD-ROM are in electronically searchable format. The book also includes relevant provisions from the Statutes and Rules of Procedure and Evidence of the ad hoc Tribunals and the ICC, as well as the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR).
The book, together with the collections of decisions, will assist practitioners and researchers in studying the jurisprudence of the Tribunals. This jurisprudence reflects the current state of international criminal law. It will inevitably influence approaches of international courts, including the ICC and "hybrid" tribunals, as well as national courts.
I. Of Margin of Appreciation and Standard of Proof The term ‘margin of appreciation’ is now closely associated with the European Court of Human Rights (ECtHR, Court): the concept has been devised and applied by this Court, but has subsequently also been incorporated, either explicitly or
the search of truth, or if it is the expression of a more horizontal model of justice. I will focus on what I consider is the crucial element for the legitimacy of plea agreements, namely the voluntariness. The present study stems partly from the reading of the European Court of Human Rights’ (ECtHR