Taking Economic, Social and Cultural Rights Seriously in International Criminal Law

Since 2006, scholars and practitioners have debated whether transitional justice and international criminal law could and/or should engage with economic, social and cultural abuses. Evelyne Schmid's systematic examination of the question will appeal to those working in international criminal law, human rights law, international humanitarian law and post-conflict justice reform.

Is the neglect of economic, social and cultural abuses in international criminal law a problem of positive international law or the result of choices made by lawyers involved in mechanisms such as criminal prosecutions or truth commissions? Evelyne Schmid explores this question via an assessment of the relationship between violations of economic, social and cultural rights and international crimes. Based on a thorough examination of the elements of international crimes, she demonstrates how a situation can simultaneously be described as a violation of economic, social and cultural rights and as an international crime. Against the background of the emerging debates on selectivity in international criminal law and the role of socio-economic and cultural abuses in transitional justice, she argues that international crimes overlapping with violations of economic, social and cultural rights deserve to be taken seriously, for much the same reasons as other international crimes.