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3 Hum. Rts. & Int'l Legal Discourse 9 (2009)
Human Rights as Minimum Standards in International Criminal Proceedings

handle is hein.journals/hurandi3 and id is 9 raw text is: HUMAN RIGHTS AS MINIMUM STANDARDS IN INTERNATIONAL CRIMINAL PROCEEDINGS MASHA FEDOROVA* and G6RAN SLUITER** Abstract This article examines the position and function of human rights norms in international criminal proceedings. International human rights are minimum standards by their legal-institutional nature. This 'minimum nature' of human rights, as a rule of interpretation, has to guide any interpretation and application of international human rights in the context of international criminal justice systems. Any reorientation of or adaptation to human rights norms, as interpreted in the framework of international human rights regimes, requires a solidfoundation and cannot result in a reduction in individual protection. This article considers the challenges in this regard encountered by international criminal tribunals and argues that these institutions should scrupulously, and more than they have done so far, analyse international human rights law sources and interpret and apply concrete rights in a way that truly does justice to their unique context. Keywords: International criminal tribunals; international human rights; methods of interpretation and application; minimum standards A. INTRODUCTION International criminal tribunals are generally welcomed as a new and effective ally in the protection of human rights. They investigate and prosecute the most serious human rights violations and can count on almost unconditional support from the international community. Concurrently, as criminal courts they are also by definition Ph. D. candidate in international criminal law, Netherlands Institute of Human Rights, Utrecht University; LL.M (2004), Utrecht University. Professor in the law of international criminal procedure at the Amsterdam Center for International Law, University of Amsterdam, the Netherlands. 3 HR&ILD 1 (2009) 9

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