Serious Violations of Human Rights

Abstract

Abstract This book analyses the use of the expression ‘serious violations of human rights’—and similar ones, such as ‘gross’ or ‘grave’—in international practice. It highlights some of the recurring responses to and consequences of such violations, and suggests that a new special regime—eponymous with the above-mentioned expression—was formed. This special regime is understood as substantively limited to a very specific issue-area of human rights violations; where a series of monitoring mechanisms and procedures is in place to predominantly highlight, document, and record such violations; where specific measures are taken, aimed at enforcing compliance; where certain consequences arise, focusing primarily on affording the victims of such violations a remedy. As such, this special regime is arguably comprised of at least four thinly interconnected components: the substantive, the monitoring, the enforcement, and the remedial ones. Future practice may dictate alternative interpretations of the role of this category of violations in the international legal order. However, what becomes apparent from this work is that the concept of serious violations of human rights is today becoming a key notion, as it allows the international community to pinpoint those factual situations requiring its attention and action.