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Gerald L. Neuman, Impeachment as Cause or Cure of Human Rights Violations, in Impeachment in a Global Context: Law, Politics, and Comparative Practice (Chris Monaghan, Matthew Flinders & Aziz Z. Huq eds., 2024).


Abstract: From a human rights perspective, impeachment offers an extraordinary mechanism for halting or preventing violations serious enough to motivate the legislature’s intervention. The need for this mechanism is greatest when officials who cannot otherwise be removed are committing or directing the violations. Historically, impeachment has often served human rights goals. Nonetheless, the power of impeachment has also been abused for partisan advantage or to undermine the independence of the judiciary. Human rights tribunals have articulated limits on the impeachment process to protect the rights of officials and of the voters who supported them. These limits also need to preserve the potential of impeachment for protecting democracy and human rights.