Hostname: page-component-8448b6f56d-m8qmq Total loading time: 0 Render date: 2024-04-24T08:22:41.626Z Has data issue: false hasContentIssue false
  • English
  • Français

European Court of Human Rights (ECHR): Streletz v. Germany*

Published online by Cambridge University Press:  18 May 2017

Get access Rights & Permissions [Opens in a new window]

Abstract

An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content.
Image of the first page of this content. For PDF version, please use the ‘Save PDF’ preceeding this image.'
Type
Judicial and Similar Proceedings
Information
International Legal Materials , Volume 40 , Issue 4 , July 2001 , pp. 811 - 846
Copyright
Copyright © 2001

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Footnotes

*

This document was reproduced and reformatted from the text appearing at the ECHR website (visited August 23, 2001) <http://www.echr.coe.int.>

References

1 Gustav Radbruch (1878-1949): German professor of law who considerably influenced the philosophy of law. Following the crimes of the Nazis, he formulated the principle, also known as “Radbruch's formula” (Radbruch'sche Formel), that positive law must be considered contrary to justice where the contradiction between statute law and justice is so intolerable that the former must give way to the latter.

1 See interalia Daillier, and Pellet, , “Droit international public”, 6th edition, p. 677.Google Scholar

2 See “Question of the punishment of war criminals and of persons who have committed crimes against humanity: Note by the Secretary General”, UN GAOR, 22nd sess., Annex Agenda Item 60, at 1, 6-7, UN DOC A/ 6813 (1967). See also ICTY, Tadic case IT-94-1, paragraph 623.

3 [1999] 2 weekly Law Reports p. 825 at pp. 909 et seq.

4 Tadic case op. cit.