Serious violations of human rights: the emergence of a new special regime?

Abstract

This research aims to demonstrate that a special legal regime on serious violations of human rights has gradually been formed at international level. For the purposes of this research, a regime is understood as a set of rules, decision-making procedures and consequences that revolve around a specific issue-area. It is maintained hence that the special regime around serious violations of human rights includes all of the above: it is substantively limited to a specific category of human rights violations; there are a series of institutional practices and procedures that aim predominantly at addressing such violations; and there are certain legal consequences that arise only when serious violations of human rights occur. This special regime is still in its infancy; it is fragmented and not devoid of weaknesses, and it continues to evolve. Nonetheless, failing to recognise its gradual formation risks missing its future potential. This research constitutes a first step towards the recognition of the existence of this regime allowing for its future more constructive and coherent elaboration.