Effective investigations into cross-border criminal acts: cooperation as a duty under human rights

Prisca Feihle ()

Chapter 8 in An International Human Rights Law of Cooperation, 2025, pp 195-229 from Edward Elgar Publishing

Abstract: This chapter unfolds how human rights guarantees under the European Convention on Human Rights (ECHR) may not only impose limits or conditions upon inter-state interaction, but even demand it. It analyzes how the concept of a duty to cooperate under the ECHR has surfaced within the jurisprudence of the European Court of Human Rights (ECtHR). The chapter uncovers how the ECtHR conceptualizes the duty to cooperate as a rather specific procedural obligation, mostly under the right to life demanding states to interact in investigations. Despite ambiguities as to the scope, conditions, and exact demands of such a duty to cooperate, this development in the case law points to a certain collective dimension of human rights protection in that it requires states to interact with other states if they cannot effectively live up to human rights protection on their own.

Keywords: Duty to cooperate; Cooperation in criminal matters; Cross-border crime; Procedural obligations; Effective investigations; Special features (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035335787
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