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2000 St. Louis-Warsaw Transatlantic L.J. 1 (2000)
Comparative Observations on Human Rights Law and Criminal Law

handle is hein.journals/slwtlj2000 and id is 9 raw text is: COMPARATIVE OBSERVATIONS ON HUMAN RIGHTS LAW AND CRIMINAL LAW Stefan Trechsel* I. INTRODUCTION What do Francisco de Vitoria (1485-1546), Hugo Grotius (1583-1645), Samuel Pufendorf (1632-1694), Franz von Liszt (1851-1919) and Heinrich Lammasch (1853-1920) have in common? They are all remembered, inter alia, for their contributions both to international public law and to criminal law. In fact, the linking of these disciplines in academic careers has not been uncommon on the European Continent. If we are looking for a link between the two fields which might explain this phenomenon, what comes to mind first is extradition. It is closely connected to criminal law, an important instrument for its effective implementation, while at the same time it involves international agreement and constitutes a branch of international public law. Today, the international aspects of criminal law are developing at high speed, but in divergent directions. Since the beginning of the last century, efforts were made to improve international cooperation in the prosecution of crimes that were considered to be of a universal quality as they were directed against generally recognized values. Besides war crimes,' such issues as drugs,2 slavery,3 * Professor of criminal law and procedure at the University of Zurich Law School, former President of the European Commission of Human Rights; I wish to pay tribute to Professor Dennis Tuchler of St. Louis University for his many helpful suggestions and lic.iur. Jdirg Keim for his assistance with the footnotes and Ms. Jacqueline Bollmann for working on the manuscript. Draft Code of Crimes against the Peace and Security of Mankind, UN GAOR, 51 Session, Supp. No. 10: UN Doc. A/51/10 (1996); see, e.g., ALLAIN JEAN/JONES JOHN R.W.D., A Patchwork of Norms: A Commentary on the 1996 Draft Code of Crimes against the Peace and Security of Mankind, EJIL 1997, 100 ff.; NIEHOFF MARTINA, Die von den intemationalen Strafgerichtsh6fen anwendbaren Normen des V61kerstrafrechts, Europaiische Hochschulschriften, Reihe 2, Bd. 2603, Berlin/Bem 1999; The statutes of The International Criminal Tribunals for the Former Yugoslavia and Rwanda and the Common Article 3 of the Four Geneva Conventions of 12 August 1949. 2 International Opium Convention, signed at The Hague on 23 January 1912; Conventions and Protocols on Narcotic Drugs, concluded at The Hague on 23 January 1912, in Geneva on 11 February 1925 and 19 February 1925 and 13 July 1931, at Bangkok on 27 November 1931 and at Geneva on 26 June 1936, as amended by the Protocol signed at Lake Success, New York on 11 December 1946. Protocol for Limiting and Regulating the Cultivation of the Poppy Plant, the Production of, International and Wholesale Trade in, and Use of Opium, concluded at New York on 23 June 1953.

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