Principles Of Islamic International Criminal Law

Author : Farhad Malekian
Publisher : BRILL
Page : 470 pages
File Size : 55,5 Mb
Release : 2011-06-22
Category : Law
ISBN : 9789004203976

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Principles of Islamic International Criminal Law by Farhad Malekian Pdf

While the system of international law is improving enormously and certain legal provisions are becoming an integral part of jus cogens norms, this body of law must be studied together with other systems which have basically been effective in its development. The principles of the rule of law must be evaluated collectively rather than selectively. In fact, most Islamic nations have ratified the ICC Statute. They have thereby contributed to the establishment of the pillars of morality, equality, peace and justice. At the same time, those pillars may be strengthened by means of an accurate interpretation of the principles of international criminal laws by all parties. The objective of these comparative philosophies is to examine their core principles, similarities and differences. The intention is to indicate that the variation in theories may not obstruct the legal implementation of international criminal law if their dimensions are judged objectively and with the noblest of motives towards mankind.

Author : Farhad Malekian
Publisher : BRILL
Page : 477 pages
File Size : 41,6 Mb
Release : 2011-06-22
Category : Law
ISBN : 9789004203969

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Principles of Islamic International Criminal Law by Farhad Malekian Pdf

The goal of this book is to minimize the misunderstandings and conflicts between International law and Islamic law. The objective is to bring peace into justice and justice into peace for the prevention of violations of human rights law, humanitarian law, international criminal law, and impunity.

Author : Farhad Malekian
Publisher : Cambridge Scholars Publishing
Page : 769 pages
File Size : 46,7 Mb
Release : 2018-09-30
Category : Law
ISBN : 9781527516939

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Corpus Juris of Islamic International Criminal Justice by Farhad Malekian Pdf

This pioneering scholarly oeuvre evaluates the major comparative philosophy of Islamic international criminal justice. It represents an in-depth analysis of the necessities of creating an Islamic international criminal court, its possible jurisdiction, proceedings, judgments, and sanctions. It implies a court functioning under the legal personality of the International Criminal Court, with comparative international criminal lawyers with basic knowledge of Shariah contributing to the prevention of crimes and impunity at an international level. The morality and philosophy of Islamic justice are highly relevant with reference to the atrocities committed explicitly or implicitly under the pretext of Islamic rules by superiors, groups and governments. The volume focuses on substantive criminal law and three methods of the criminal procedure, namely the inquisitorial, adversarial, and adquisitorial. The first two constitute the corpus juris of civil and common law systems. The third term presents a hybrid of the first two methods. The intention is to enhance the scope of each method of the criminal procedure comprehensively. The volume examines their variations and effects on a shared system of international criminal justice. The inherence of comparable norms in the foundation of Islamic and international criminal law affirms their efficiency in the implementation of the essence of the complementarity principle. This book will appeal to readers who are interested in comparative criminal law, international criminal justice, and Shariah criminal law. It is recommended for course literature.

Author : Tallyn Gray
Publisher : Torkel Opsahl Academic EPublisher
Page : 262 pages
File Size : 45,7 Mb
Release : 2018-11-16
Category : Law
ISBN : 9788283481884

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Islam and International Criminal Law and Justice by Tallyn Gray Pdf

This book explores a broad range of issues on Islam and international criminal law and justice. Ten authors shed detailed light on the relationship between Islam, Islamic law and Islamic thought and international criminal law.

Author : Imran Ahsan Khan Nyazee
Publisher : Lulu.com
Page : 186 pages
File Size : 47,5 Mb
Release : 2010
Category : Electronic
ISBN : 9780557542055

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General Principles of Criminal Law by Imran Ahsan Khan Nyazee Pdf

Author : Karim A. A. Khan,Caroline Buisman,Christopher Gosnell
Publisher : Unknown
Page : 876 pages
File Size : 55,5 Mb
Release : 2010
Category : Law
ISBN : 9780199588923

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Principles of Evidence in International Criminal Justice by Karim A. A. Khan,Caroline Buisman,Christopher Gosnell Pdf

Principles of Evidence in International Criminal Justice provides an overview of the procedure and practice concerning the admission and evaluation of evidence before the international criminal tribunals. The book is both descriptive and critical and its emphasis is on day-to-day practice, drawing on the experience of the Yugoslavia, Rwanda and Sierra Leone Tribunals. This book is an attempt to define and explain the core principles and rules that have developed at those ad hoc Tribunals; the rationale and origin of those rules; and to assess the suitability of those rules in the particular context of the International Criminal Court which is still at its early stages. The ICC differs in structure from the ad hoc Tribunals and approaches the legal issues it has to resolve differently from its predecessors. The ICC is however confronted with many of the same questions. The book examines the differences between the ad hoc Tribunals and the ICC and seeks to offer insights as to how and in which circumstances the principles established over years of practice at the ICTY, ICTR and SCSL may serve as guidance to the ICC practitioners of today and the future. The contributors represent a cross-section of the practicing international criminal bar, drawn from the ranks of the Bench, the Prosecution and the Defence and bringing with them different legal domestic cultures. Their mixed background underlines the recurring theme in this book which is the manner in which a legal culture has gradually taken shape in the international Tribunals, drawing on the various traditions and experiences of its participants.

Author : Kenneth S. Gallant
Publisher : Cambridge University Press
Page : 0 pages
File Size : 44,7 Mb
Release : 2010-12-23
Category : Political Science
ISBN : 0521187605

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The Principle of Legality in International and Comparative Criminal Law by Kenneth S. Gallant Pdf

This book fills a major gap in the scholarly literature concerning international criminal law, comparative criminal law, and human rights law. The principle of legality (non-retroactivity of crimes and punishments and related doctrines) is fundamental to criminal law and human rights law. Yet this is the first book-length study of the status of legality in international law - in international criminal law, international human rights law, and international humanitarian law. This is also the first book to survey legality/non-retroactivity in all national constitutions, developing the patterns of implementation of legality in the various legal systems (e.g., Common Law, Civil Law, Islamic Law, Asian Law) around the world. This is a necessary book for any scholar, practitioner, and library in the area of international, criminal, comparative, human rights, or international humanitarian law.

Author : Gerhard Werle,Florian Jessberger
Publisher : Oxford University Press
Page : 711 pages
File Size : 42,6 Mb
Release : 2014
Category : Law
ISBN : 9780198703594

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Principles of International Criminal Law by Gerhard Werle,Florian Jessberger Pdf

Principles of International Criminal Law is one of the leading textbooks in the field. This third edition builds on the highly-successful work of the previous editions, setting out the general principles governing international crimes as well as the fundamentals of both substantive and procedural international criminal law.

Author : Anonim
Publisher : Martinus Nijhoff Publishers
Page : 488 pages
File Size : 51,6 Mb
Release : 2013-06-13
Category : Religion
ISBN : 9789004233362

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Islam and International Law by Anonim Pdf

Islam and International Law explores the multi-faceted relationship of Islam and international law. Current debates on Sharia, Islam and the “West” often suffer from prejudice and platitudes. The book seeks to engage such self-centrism by providing a plurality of perspectives, both in terms of interdisciplinary research and geographic backgrounds.

Author : Göran Sluiter,Håkan Friman,Suzannah Linton,Sergey Vasiliev,Salvatore Zappalà
Publisher : Oxford University Press
Page : 1720 pages
File Size : 46,9 Mb
Release : 2013-03-21
Category : History
ISBN : 9780199658022

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International Criminal Procedure by Göran Sluiter,Håkan Friman,Suzannah Linton,Sergey Vasiliev,Salvatore Zappalà Pdf

"The ambitious aim of the work is to create a guiding framework for international criminal procedural law and practices in the future. As explained by the working groups, the overarching objective of the project is to assist the challenge of delivering fair but also effective trials". -- FOREWORD.

Author : Najātī Sayyid Aḥmad Sanad
Publisher : Office OIS Chi
Page : 114 pages
File Size : 46,9 Mb
Release : 1991
Category : Law
ISBN : UOM:39015032609227

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The Theory of Crime and Criminal Responsibility in Islamic Law by Najātī Sayyid Aḥmad Sanad Pdf

Author : Mohamed Elewa Badar
Publisher : Bloomsbury Publishing
Page : 540 pages
File Size : 46,8 Mb
Release : 2013-01-30
Category : Law
ISBN : 9781782250654

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The Concept of Mens Rea in International Criminal Law by Mohamed Elewa Badar Pdf

The purpose of this book is to find a unified approach to the doctrine of mens rea in the sphere of international criminal law, based on an in-depth comparative analysis of different legal systems and the jurisprudence of international criminal tribunals since Nuremberg. Part I examines the concept of mens rea in common and continental legal systems, as well as its counterpart in Islamic Shari'a law. Part II looks at the jurisprudence of the post-Second World War trials, the work of the International Law Commission and the concept of genocidal intent in light of the travaux préparatoires of the 1948 Genocide Convention. Further chapters are devoted to a discussion of the boundaries of mens rea in the jurisprudence of the International Criminal Tribunals for the former Yugoslavia and Rwanda. The final chapter examines the definition of the mental element as provided for in Article 30 of the Statute of the International Criminal Court in light of the recent decisions delivered by the International Criminal Court. The study also examines the general principles that underlie the various approaches to the mental elements of crimes as well as the subjective element required in perpetration and participation in crimes and the interrelation between mistake of law and mistake of fact with the subjective element. With a Foreword by Professor William Schabas and an Epilogue by Professor Roger Clark From the Foreword by William Schabas Mohamed Elewa Badar has taken this complex landscape of mens rea at the international level and prepared a thorough, well-structured monograph. This book is destined to become an indispensable tool for lawyers and judges at the international tribunals. From the Epilogue by Professor Roger Clark This is the most comprehensive effort I have encountered pulling together across legal systems the 'general part' themes, especially about the 'mental element', found in confusing array in the common law, the civil law and Islamic law. In this endeavour, Dr Badar's researches have much to offer us.

Author : Farhad Malekian
Publisher : Springer
Page : 240 pages
File Size : 51,8 Mb
Release : 1994
Category : Architecture
ISBN : UOM:39015034029614

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The Concept of Islamic International Criminal Law by Farhad Malekian Pdf

1. Declaration of War

Author : Farhad Malekian
Publisher : Cambridge Scholars Publishing
Page : 808 pages
File Size : 53,8 Mb
Release : 2014-06-30
Category : Law
ISBN : 9781443863230

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Jurisprudence of International Criminal Justice by Farhad Malekian Pdf

Introduction written by Professor Benjamin B Ferencz This challenging volume examines the jurisprudence of international criminal justice from various points of view. The philosophy of justice may vary from time to time and from nation to nation, depending on prevailing attitudes towards the substantive rules which deal, in one way or another, with cultural norms. In the national and international area, the principles of criminal justice have a key role in examining the scope of the most serious violations of international criminal law. It is on the basis of appropriate judgment that these principles may be accumulated and achieved for the future conduct of man. This volume, therefore, examines the principles and dimensions of the constitutions of various international criminal tribunals/courts, with particular focus on the Statute of the International Criminal Court (ICC). As such, the volume offers a comprehensive evaluation of the rule of law and criminal justice and their legal tasks within the complementarity system of international criminal jurisprudence. The volume emphasises the prosecution and punishment of all those who may successfully escape from the proceedings of national and international criminal courts because of their juridical, political, religious, economic or military power. It demands the implementation of international law of jus cogens. The provisions of the Statute should not be deduced in contradiction to the norms from which no derogation is possible, such as prohibitions governing crimes against humanity, torture, apartheid, rape, war crimes, genocide and aggression. If the value of the task of the Court is to be realised by the majority of states in the international community, the cycle of impunity has to be abolished in the case of all states, including the five permanent members of the Security Council of the United Nations.

Author : M. Cherif Bassiouni
Publisher : Cambridge University Press
Page : 409 pages
File Size : 53,9 Mb
Release : 2014
Category : Law
ISBN : 9781107040687

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The Shari'a and Islamic Criminal Justice in Time of War and Peace by M. Cherif Bassiouni Pdf

Shows that the shari'a and Islamic law are compatible with contemporary international human rights laws and norms, and appropriate for use in Muslim societies.