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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