Rights-driven Global Penality

Mattia Pinto

Rights-driven Global Penality

York Law School

Research output: Chapter in Book/Report/Conference proceeding › Chapter (peer-reviewed) › peer-review

Abstract

This paper examines and evaluates the role of human rights in enhancing and expanding penal powers across the globe. It discusses various aspects of this phenomenon, such as the exercise of extraterritorial jurisdiction by national courts to prosecute human rights violations, the establishment of international courts and tribunals, and the imposition of penal obligations on states by international human rights bodies. The paper argues that the advancement of human rights has resulted in the discursive construction of global forms of crime and justice. In this discursive framework, certain wrongdoings that are considered to be of universal concern automatically trigger calls for criminalisation and punishment, regardless of context, consequences or feasibility. However, as the paper contends, when penality operates globally under the banner of human rights, it may escape the constitutional and political constraints that apply when the power to punish is based on constitutional sovereignty. It may also become a tool for powerful countries to exert coercion beyond their borders.

Original language	English
Title of host publication	Criminal Justice in the Prism of Human Rights
Subtitle of host publication	X AIDP International Symposium for Young Penalists, Bologna, Italy, 27-28 October 2022
Place of Publication	Antwerpen, Apeldoorn, Portland
Publisher	Maklu Publishers
Pages	23-42
Number of pages	20
ISBN (Print)	978-90-466-1222-4
Publication status	Published - Dec 2023

Publication series

Name	RIDP Libri
Publisher	Maklu Publishers

Access to Document

Righs-driven Global PenalityFinal published version, 3.55 MB

https://www.youngpenalists.com/download/criminal-justice-in-the-prism-of-human-rights.pdf

Cite this

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N2 - This paper examines and evaluates the role of human rights in enhancing and expanding penal powers across the globe. It discusses various aspects of this phenomenon, such as the exercise of extraterritorial jurisdiction by national courts to prosecute human rights violations, the establishment of international courts and tribunals, and the imposition of penal obligations on states by international human rights bodies. The paper argues that the advancement of human rights has resulted in the discursive construction of global forms of crime and justice. In this discursive framework, certain wrongdoings that are considered to be of universal concern automatically trigger calls for criminalisation and punishment, regardless of context, consequences or feasibility. However, as the paper contends, when penality operates globally under the banner of human rights, it may escape the constitutional and political constraints that apply when the power to punish is based on constitutional sovereignty. It may also become a tool for powerful countries to exert coercion beyond their borders.

AB - This paper examines and evaluates the role of human rights in enhancing and expanding penal powers across the globe. It discusses various aspects of this phenomenon, such as the exercise of extraterritorial jurisdiction by national courts to prosecute human rights violations, the establishment of international courts and tribunals, and the imposition of penal obligations on states by international human rights bodies. The paper argues that the advancement of human rights has resulted in the discursive construction of global forms of crime and justice. In this discursive framework, certain wrongdoings that are considered to be of universal concern automatically trigger calls for criminalisation and punishment, regardless of context, consequences or feasibility. However, as the paper contends, when penality operates globally under the banner of human rights, it may escape the constitutional and political constraints that apply when the power to punish is based on constitutional sovereignty. It may also become a tool for powerful countries to exert coercion beyond their borders.

M3 - Chapter (peer-reviewed)

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PB - Maklu Publishers

CY - Antwerpen, Apeldoorn, Portland

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