Autore
De Fazio, Rosa Stella

Titolo
La tutela e la memoria delle vittime del terrorismo internazionale
Periodico
Ordine internazionale e diritti umani
Anno: 2017 - Fascicolo: 1 - Pagina iniziale: 42 - Pagina finale: 58

The article aims at analyzing the Reports on the promotion and protection of human rights and fundamental freedoms, launched in the last few years by Ben Emmerson, UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism. The Reports are focused at first in the counterterrorism landscape on the State duty to grant the right to memory and the protection of the victims of international terrorism. According to the Reports, the protection has its legal basis in the inalienable right to life, which is considered as a duty of the State where the crime was committed to ensure a fair reparation, in order to grant the restitutio in integrum of the violated rights. The right to reparation is specifically enforceable with respect to victims of international terrorism, unlike the Convention on the prevention of terrorism and the Palermo Convention, which referred to “victims of terrorism”, without defining their protection accordingly to the nature - internal or international - of the crime. Finally, the analysis converges on the praxis of the European Court of Human Rights and InterAmerican Court of Human Rights, which had already invoked the right to reparation in the case law..



SICI: 2284-3531(2017)1<42:LTELMD>2.0.ZU;2-H
Testo completo: http://www.rivistaoidu.net/sites/default/files/Articolo%20De%20Fazio.pdf

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