CYIL vol. 13 (2022)

KATARÍNA ŠMIGOVÁ CYIL 13 ȍ2022Ȏ been proven by the presented research and discussion that there is a distance that continues to separate both branches of international public law, namely for both legal and sociological reasons. To allow the reader to see behind the curtain, it is helpful to explain that the monograph is divided into three related parts, namely the first, focusing on uses and misuses of criminal law in the field of international human rights law, the second, examining criminalization of concepts of international human rights law, and finally, the third, aiming at the criminalization of fact-finding performed by human rights protection bodies. It is probably this third part of the monograph that is not so evident at first sight when one reads the title of the monograph. As for the first part, it includes examples of uses and misuses of criminal law in the field of international human rights law in the case studies, e. g., of Colombia (and the International Criminal Court Principle of Complementarity in Practice) or even the European Union (in relation to the extent of criminal sanctions on the freedom of movement of citizens). More general issues and concepts analysis are included as well, such as the principle of legality, corporations and criminal justice, or humanitarian smuggling, or criminal repression of corruption. The second part examines concepts of international human rights law from the perspective of international criminal law, e. g., enforced disappearances, the crime of rape, protection of cultural rights, violations of the right to life, and also the concept of aut dedere aut judicare . As it has already been pointed out that the first two parts were expected to be included, nevertheless, the title of the third part has raised special expectations since the criminalization of fact-finding activities performed by human rights protection bodies is usually not foreseen if one analyses the criminalization of international human rights law. However, the part aimed at this aspect has profoundly studied specificities and the change of functions of fact-finding missions and missions of enquiry, including their influence on subsequent criminal procedure, especially in relation to the change of the object and methodology of this procedure. It examines various hybrid instruments within this process and its overall advantages and disadvantages, together with relevant case studies (namely Burundi and Ivory Coast). Although international human rights law and international criminal law are sometimes described as a shield and a sword in relation to individuals and their protection what has been pointed out also by the authors is the development has proven that a sword in the hand of international criminal law can also be relevantly used by international human rights law. Academicians and practitioners involved in the project have elaborated on a comprehensive study that records, analyses, and evaluates several aspects of this development of criminalization of international human rights law and therefore is an important undertaking of professional scientific writing that improves the understanding of international law and its development. To conclude, the publication is a well elaborated monograph that is a result of profound cooperation of exceptional academic centres aimed at human rights protection. It offers an in-depth analysis of the most important aspects of the criminalisation of international human rights law and provides relevant examples of this development which can serve as challenging inspiration for anybody interested in public international law and its functioning. Katarína Šmigová *

* Katarína Šmigová is an associate professor at the Department of International and European Law, Faculty of Law, Pan European University in Bratislava.

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