Oldal 16 [16]
PETRA BÁRD
Kiss looks back at the inception of the Hungarian human rights movement. Based
on a school massacre case before the Strasbourg court, Miklés Lévay examines
the state’s positive obligation of fundamental rights protection in respect of the
right to life. Läszlö Majtényi discusses the joint responsibility of the Constitutional
Court and the Council of Europe in the systemic restriction of free speech and
freedom of the press. In his paper, Péter Szigeti tries to answer the provocative
question: how is it that we have human rights, writing about the difficulty of
laying the theoretical foundations for human rights and reflecting on the findings
emerging in Hungarian literature. Finally, in his paper No comment, Gyorgy Virag
summarizes the constitutional aspects of what is commonly referred to as trolling
on the Internet, providing also a psychological explanation for this phenomenon.
BRIEF OVERVIEW OF THE SECOND VOLUME
The second, English and German language volume follows a similar composition,
aligned with the topics of the studies received, with the book structured around
six major topics.
The chapter on international criminal law starts with Marjan Ajevski’s paper “on
the banality of good”- in clear reference to Hannah Arendt’s Banality of Evil and
the faceless perpetrators of the Nazi machinery. He addresses another bureaucratic
machinery, this time at the opposite side of the spectrum, i.e. the ICC Report of
Experts in the context of the study of international courts. Violeta BeSirevic sheds
some light on the questions related to listing peacebuilding and reconciliation in
the mandate of ad hoc international criminal tribunals and hybrid courts. To argue
against this practice, she brings two different legacies, the Nuremberg’s and the
ICTY’s, into perspective. Javid Gadirov explores the interpretation of lawfulness of
action in crimes against humanity, with special regard to the limits of determining
shared intentions and joint plans of perpetrators. Elspeth Guild explains the
importance of the International Criminal Court in Europe and argues that the
investigation into allegations of crimes against humanity planned and executed by
individuals at the highest levels of EU institutions is revelatory of the importance
of international justice. Richard Soyer and Stefan Schumann discuss the role of
transnational corporations in global economic life and their responsibility in
serious human rights violations having cross-border effects. They offer alternative
routes for the expansion of international criminal law to incorporate these offences.
The chapter on substantive criminal law, crime statistics and prison affairs
starts with Hans-Jorg Albrecht’s paper on the expansion of criminal law due to
international conventions’ obligations, which drive states to introducing criminal
law as a remedy against old problems reframed as human rights violations and in
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