About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

5 New J. Eur. Crim. L. 2 (2014)

handle is hein.journals/newjecla5 and id is 1 raw text is: EDITORIAL
In the previous two issues of this Journal much has been written about the disregard
for human rights in a number of high profile criminal trials in Turkey and about the
threat by governmental ministers in the UK to withdraw the UK from the jurisdiction
of the European Court of Human Rights if not to repudiate the Convention altogether.
To that one could add the need for criticism of the publicly stated views of certain
senior judges in the United Kingdom which seem to undermine the authority of the
Strasbourg Court. Perhaps someone would like to do this.
The lode star followed in this context is that binding international human rights
standards are essential and for this reason the blatant defiance of these standards by
some Convention states and conduct by others which discredits and devaluates these
standards must be resisted.
This idea - that binding international standards are necessary for all - is not new.
In an article of 1993 Professor M. Cherif Bassiouni writes that the international
protection of human rights has increased dramatically in the last century 'due in part
to the increased recognition that a number of nations share many fundamental legal
values (...). One crucial commonality is the acknowledgement that individuals must be
protected from certain depredations against their person, and that international laws
are needed to protectpeoplefrom policies which ultimately affect the global community'.'
That confirms and summarises the recent positions taken in this Journal.
The concern of the ECBA in this regard is foreseen in its constitution, Article 3 of
which provides inter alia that the objects of the association are 'to promote the
administration of justice and human rights under the rule of law within the member
states of the Council of Europe and among the peoples of the world'.
The ECBA's concern for human rights in the criminal law context is thus global. It
extends to international institutions, which include the UN and the EU, since its
object is to promote human rights 'among the peoples of the world'. Thus if an
international organisation disregards fundamental rights in the criminal law context,
the ECBA is constitutionally entitled if not obliged to react.
Editor-in-chief, Human Rights Officer of the ECBA, Advocate (Brussels).
1   Bassiouni, Human Rights in the Context of Criminal Justice: identifying international protections
and equivalent protections in national constitutions, Duke Journal of Comparative and
International Law, 1993 Vol. 3:325.



What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.

Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most