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The Validity And Criticisms Of The Current Approach Of Human Rights Bodies Regarding The Positive Procedural Obligations Of States, Faris Kareem Al-Anaibi Dr.

UAEU Law Journal

This paper questions whether the current approach of human rights bodies with regard to the positive procedural obligations is valid according to both, the domestic legal standards of states, and the mandate given to them in the conventions. It raises important criticisms about the capability of human rights bodies to effectively fulfill their newly assumed task of ordering and supervising prosecutions and punishments in criminal matters. It seems clear that the domestic justice systems of states bear the primary responsibility to bring violators of the right to life and other human rights to justice and action by human rights bodies …