ABSTRACT

This chapter examines the features of international human rights law, as a form of international law, that must be taken into account when considering its application to matters of criminalization. It describes the vertical state–individual nature of international human rights law and argues that analysis of violations is best undertaken from the perspective of state obligations. It notes that international human rights law is argued to play the role of both a sword and shield in respect of criminalization. The chapter also includes a short discussion on the place of human duties within international human rights law.