GoJIL Vol. 4, No. 3 (2012)
National Investigations of Human Rights Between National and International Law
Roee Ariav
Abstract
This essay will examine the interplay between international and national law with regards to investigations of human rights violations. The duty to investigate violations of international law touches upon issues that up until recently were considered beyond the reach of international law. Since its recognition by the European Court of Human Rights in 1995, the procedural aspect of the right to life, i.e. the duty to investigate, has developed rapidly. In turn, also due to the unique legal relationship between the ECtHR and national courts, these developments have affected, and are still affecting, national law. This ongoing process of dialogue between national courts and international tribunals has greatly contributed to the development of the duty to investigate certain violation of international law, and the manner in which these investigations should be conducted.
Download the full text as a PDF