{"title":"通过国际人权法打击跨国有组织犯罪","authors":"Tom Obokata","doi":"10.1163/22131035-00801003","DOIUrl":null,"url":null,"abstract":"This article explores the key obligations imposed upon States under international human rights law to combat transnational organised crime. It begins by highlighting a number of human rights which are affected by various forms of organised crime, such as the rights to life, liberty and security, health, property, culture, as well as the prohibition on slavery/forced labour and other inhuman or degrading treatments. The article then analyses the key obligations imposed upon States under international human rights law, with particular reference to (1) investigation, prosecution and punishment, (2) protection of victims and (3) prevention. The main conclusion reached is that international human rights law is indeed useful as it encourages States to adopt a holistic approach capable of addressing the complex and multi-faceted nature of transnational organised crime beyond simple criminal justice responses.","PeriodicalId":13730,"journal":{"name":"International Human Rights Law Review","volume":" ","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2019-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22131035-00801003","citationCount":"2","resultStr":"{\"title\":\"Combating Transnational Organised Crime through International Human Rights Law\",\"authors\":\"Tom Obokata\",\"doi\":\"10.1163/22131035-00801003\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"This article explores the key obligations imposed upon States under international human rights law to combat transnational organised crime. It begins by highlighting a number of human rights which are affected by various forms of organised crime, such as the rights to life, liberty and security, health, property, culture, as well as the prohibition on slavery/forced labour and other inhuman or degrading treatments. The article then analyses the key obligations imposed upon States under international human rights law, with particular reference to (1) investigation, prosecution and punishment, (2) protection of victims and (3) prevention. The main conclusion reached is that international human rights law is indeed useful as it encourages States to adopt a holistic approach capable of addressing the complex and multi-faceted nature of transnational organised crime beyond simple criminal justice responses.\",\"PeriodicalId\":13730,\"journal\":{\"name\":\"International Human Rights Law Review\",\"volume\":\" \",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2019-06-03\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://sci-hub-pdf.com/10.1163/22131035-00801003\",\"citationCount\":\"2\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"International Human Rights Law Review\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1163/22131035-00801003\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"International Human Rights Law Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/22131035-00801003","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"Social Sciences","Score":null,"Total":0}
Combating Transnational Organised Crime through International Human Rights Law
This article explores the key obligations imposed upon States under international human rights law to combat transnational organised crime. It begins by highlighting a number of human rights which are affected by various forms of organised crime, such as the rights to life, liberty and security, health, property, culture, as well as the prohibition on slavery/forced labour and other inhuman or degrading treatments. The article then analyses the key obligations imposed upon States under international human rights law, with particular reference to (1) investigation, prosecution and punishment, (2) protection of victims and (3) prevention. The main conclusion reached is that international human rights law is indeed useful as it encourages States to adopt a holistic approach capable of addressing the complex and multi-faceted nature of transnational organised crime beyond simple criminal justice responses.
期刊介绍:
The International Human Rights Law Review (HRLR) is a bi-annual peer-reviewed journal. It aims to stimulate research and thinking on contemporary human rights issues, problems, challenges and policies. It is particularly interested in soliciting papers, whether in the legal domain or other social sciences, that are unique in their approach and which seek to address poignant concerns of our times. One of the principal aims of the Journal is to provide an outlet to human rights scholars, practitioners and activists in the developing world who have something tangible to say about their experiences on the ground, or in order to discuss cases and practices that are generally inaccessible to European and NorthAmerican audiences. The Editors and the publisher will work hands-on with such contributors to help find solutions where necessary to facilitate translation or language editing in respect of accepted articles. The Journal is aimed at academics, students, government officials, human rights practitioners, and lawyers working in the area, as well as individuals and organisations interested in the area of human rights law. The Journal publishes critical articles that consider human rights law, policy and practice in their various contexts, at global, regional, sub-regional and national levels, book reviews, and a section focused on an up-to-date appraisal of important jurisprudence and practice of the UN and regional human rights systems including those in the developing world.