Economic, Social, and Cultural Rights

Abstract

This chapter examines the theoretical explanation for the disconnect between international criminal law and economic, social, and cultural (ESC) rights. It addresses the following questions: Does the special character of socio-economic and cultural human rights render them less easily reconcilable with the strict mens rea requirements pervading international criminal law, or are socio-economic and cultural human rights less susceptible to international criminalization for another reason? Does the overall non-criminalization of violations of cultural and socio-economic rights in fact display a hidden sense of hierarchy despite the lofty promises of Vienna 1993? The chapter examines concrete examples and case scenarios in which international crimes prosecution could have a socio-economic or cultural dimension. It concludes with some thoughts on the instrumentality of international criminal justice as a means to protect ESC rights.