Synergy or Fragmentation?: International Criminal Law and the European Convention on Human Rights

Abstract

There is much interaction between the European Court of Human Rights and international criminal law. Although it does not seem that the Court will operate as a final remedy for alleged violations of human rights by the international tribunals, in recent years it has found itself addressing difficult legal issues involving international crimes and prosecutions, notably in the KKK cases: Kolk, Korbely and Kononov. At the international tribunals, there has been much resort to European case law, particularly on fair trial and detention issues. An explicit invitation has not proved necessary at the ad hoc tribunals. Nevertheless, the Rome Statute directly encourages resort to human rights law in Article 21(3). But the greatest influence of the European Court may be at the substantive level. Its case law has explored the scope of the principle of legality and the duty to prosecute. In turn, this has enriched the vision of judges at the international criminal tribunals.