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Islam And International Criminal Law And Justice

Islam and International Criminal Law and Justice PDF

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Author: Tallyn Gray
Publisher: Torkel Opsahl Academic EPublisher
ISBN: 8283481886
Size: 54.21 MB
Format: PDF, Kindle
Category : Law
Languages : en
Pages : 262
View: 379


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.

Principles Of Islamic International Criminal Law

Principles of Islamic International Criminal Law PDF

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Author: Farhad Malekian
Publisher: BRILL
ISBN: 9004203966
Size: 41.68 MB
Format: PDF, Mobi
Category : Law
Languages : en
Pages : 452
View: 7648


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.

Corpus Juris Of Islamic International Criminal Justice

Corpus Juris of Islamic International Criminal Justice PDF

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Author: Farhad Malekian
Publisher: Cambridge Scholars Publishing
ISBN: 1527516938
Size: 53.96 MB
Format: PDF, Mobi
Category : Law
Languages : en
Pages : 769
View: 4260


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.

The Shari A And Islamic Criminal Justice In Time Of War And Peace

The Shari a and Islamic Criminal Justice in Time of War and Peace PDF

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Author: M. Cherif Bassiouni
Publisher: Cambridge University Press
ISBN: 110704068X
Size: 58.86 MB
Format: PDF, Mobi
Category : Law
Languages : en
Pages : 408
View: 5879


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.

Jurisprudence Of International Criminal Justice

Jurisprudence of International Criminal Justice PDF

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Author: Farhad Malekian
Publisher: Cambridge Scholars Pub
ISBN: 9781443853606
Size: 70.44 MB
Format: PDF, ePub, Mobi
Category : Law
Languages : en
Pages : 808
View: 234


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.

Islam And International Law

Islam and International Law PDF

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Author:
Publisher: Martinus Nijhoff Publishers
ISBN: 9004233369
Size: 13.42 MB
Format: PDF, ePub, Docs
Category : Law
Languages : en
Pages : 488
View: 624


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.

Domestic Legal Pluralism And The International Criminal Court

Domestic Legal Pluralism and the International Criminal Court PDF

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Author: Justin Su-Wan Yang
Publisher: Routledge
ISBN: 1000450333
Size: 61.25 MB
Format: PDF, Docs
Category : Law
Languages : en
Pages : 272
View: 6280


This book explores how the unique historical development of Islamic Shari’a criminal law alongside English common law in northern Nigeria has created a hybridised criminal legal system through a pluralist dynamic of mutual accommodation. It studies how this system may potentially be accommodated by the International Criminal Court. The work examines how this could be accommodated through the current understanding and operation of complementarity, and that it could ultimately prove to be preferable in encouraging the Shari’a courts to exercise criminal justice over the radical insurgents in northern Nigeria. These courts would have the unprecedented ability to combine binding adjudicative judgments together with religious interpretation and guidance, which can directly combat the predominantly unchallenged domain of ideology by extremist actors. It is submitted that these pluralist perspectives are timely and welcome, given the undeniably Western European foundations of modern International Criminal Law. In exploring such potential avenues, our shared understanding of modern international criminal justice is widened to necessarily include other stakeholders beyond its Western founders. It is the aim and hope that such interactions and engagements with non-Western traditions and cultures will lead to a greater shared ownership of the international criminal justice project, which will only strengthen the global fight against impunity. The book will be essential reading for academics, researchers and policy-makers working in the areas of International Criminal Law, Legal Pluralism, Islamic Shari’a Law, Nigeria, and religiously-inspired violence.

Islamic Criminal Law And Procedure

Islamic Criminal Law and Procedure PDF

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Author: Matthew Ross Lippman
Publisher: Praeger Pub Text
ISBN:
Size: 48.83 MB
Format: PDF, ePub, Mobi
Category : Social Science
Languages : en
Pages : 168
View: 7337


2. The origins of islamic law

Judgments Of Love In Criminal Justice

Judgments of Love in Criminal Justice PDF

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Author: Farhad Malekian
Publisher: Springer
ISBN: 3319469002
Size: 56.10 MB
Format: PDF, Mobi
Category : Law
Languages : en
Pages : 340
View: 322


This volume is a new chapter in the future history of law. Its general perspective could not be more original and its critical ethical edge on the state of international law could not be timelier. It explores a compassionate philosophical approach to the genuine substance of law, criminal procedure, international criminal law and international criminal justice. It divides law into three interrelated disciplines, i.e. legality, morality and love. The norm love is derived from human reason for man’s advancement and the securing of natural law. It is more than a mere mandatory norm. Its goal is to generate a normative and positive, powerful result, therefore avoiding any impurity that may exist in the application of other norms because of political or juridical pressures - a one-eyed justice. The norm love also renders justice with the principles of legal accountability, transparency and the high moral, authentic values of humanity. The notion of justice cannot be trusted in the absence of the norm love. The volume indicates the conditions of its efficiency by proving the reasons for its existence in the context of fairness, objectivity and concern for all individuals and entities. The concept of the norm love should be the core academic corpus for lecturing law in all faculties of law. It is simply the enlightenment of the 21st century. A lawyer with requisite knowledge and skill is not a lawyer if he cannot understand that the law does not need a lawyer with ethical competence in its provisions for income purposes but one with knowledge of its essence for the advanced morality of justice and the sheer essence of love for justice.

National Trials Of International Crimes In Bangladesh

National Trials of International Crimes in Bangladesh PDF

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Author: M. Rafiqul Islam
Publisher: BRILL
ISBN: 9004389385
Size: 47.79 MB
Format: PDF, ePub
Category : Law
Languages : en
Pages : 536
View: 647


This book presents an account and interpretation of the major legal issues arising in course of the trial process and their judicial expositions reflected in the judgments and underscores their precedential significance, legacy, and contribution.

Politicizing The International Criminal Court

Politicizing the International Criminal Court PDF

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Author: Steven C. Roach
Publisher: Rowman & Littlefield
ISBN: 9780742541047
Size: 58.66 MB
Format: PDF, ePub, Mobi
Category : Political Science
Languages : en
Pages : 213
View: 3830


The establishment of the International Criminal Court (ICC) in July 1998 has attracted growing interest in the evolving role of politics in international law. Steven C. Roach's innovative and systematic work on the political and ethical dimensions of the ICC is the first comprehensive attempt to situate the politics of the ICC both theoretically and practically. Linking the ICC's internal politicization with its formative development, Roach provides a unique understanding of this institution's capacity to play a constructive role in global politics. He argues that an internal form of politicization will allow the ICC to counter outside efforts to politicize it, whether this involves the political agenda of a state hegemon or the geopolitical interests of U. N. Security Council permanent members. Steering a new path between conventional approaches that stress the formal link between legitimacy and legal neutrality, and unconventional approaches that treat legitimacy and politics as inextricable elements of a repressive international legal order, Roach formulates the concept of political legalism, which calls for a self-directed and engaged application of the legal rules and principles of the ICC Statute. Politicizing the International Criminal Court is a must-read for scholars, students, and policymakers interested in the dynamics of this important international institution.

Quasi State Entities And International Criminal Justice

Quasi state Entities and International Criminal Justice PDF

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Author: Ernst Dijxhoorn
Publisher: Taylor & Francis
ISBN: 1315402858
Size: 14.31 MB
Format: PDF, ePub
Category : Law
Languages : en
Pages : 216
View: 4179


This book explores the intended and unintended impact of international criminal justice on the legitimacy of quasi-state entities (QSEs). In order to do so, the concept of ‘quasi-state entity’ is introduced to distinguish actors in statehood conflicts that aspire to statehood, and fulfil statehood functions to a greater or lesser degree, including the capacity and willingness to deploy armed force, but lack the status of sovereign statehood. This work explores the ability of QSEs to create and maintain legitimacy for their actions, institutions and statehood projects in various constituencies simultaneously. It looks at how legitimacy is a prerequisite for success of QSEs and, using critical legitimacy theory, assesses the legitimating narratives of QSEs and their statehood adversaries. The book links international criminal justice to statehood projects of QSEs and their success and legitimacy. It looks at the effects of international criminal justice on the ability to create and maintain legitimacy of QSEs, an approach that leads to new insights regarding international courts and tribunals as entities competing with states over statehood functions that increasingly have to take the legal implications of their actions into consideration. Most important, a close assessment of the legitimising narratives of QSEs, counter narratives, and the messages sent by international criminal justice with which QSEs have to deal, and their ability to overcome legitimacy crises, provides insight on QSEs and the complex processes of legitimation. This book will be of much interest to students of international criminal justice, political violence, security studies and IR.

An Introduction To Comparative Legal Models Of Criminal Justice

An Introduction to Comparative Legal Models of Criminal Justice PDF

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Author: Cliff Roberson
Publisher: CRC Press
ISBN: 1420065939
Size: 17.60 MB
Format: PDF, ePub
Category : Law
Languages : en
Pages : 352
View: 2117


While in Plato’s time there may have been some truth to his belief that there can only be "one single justice, and one single law," such is not the case today. Criminal justice systems vary widely across the world in their approaches to the problem of crime. Bringing together the collective wisdom of Cliff Roberson and Dilip K. Das, two world-renowned experts and university professors who have been involved in the criminal justice system for over thirty years, An Introduction to Comparative Legal Models of Criminal Justice presents the theme that a country’s legal model to a great extent determines the character of its police and corrections as well as its legal system. This book examines these different systems and is a useful reference guide for all criminal justice professionals. Examines Various Approaches The book begins with a brief overview of the five legal models. The continental (civil) system, characterized by an inquisitorial nature and practiced in most European countries, is discussed, followed by the common law model, which is known for its adversarial quality and is used in most English-speaking countries. The religion-based Islamic system and the rehabilitation-oriented Marxist system are also profiled. Those systems that are still emerging or are hybrid in nature are characterized as mixed. In some cases, the secretive nature of certain countries’ methods, especially those using extreme punishments, necessitated reliance on reports published by the U.S. State Department. By examining how other societies deal with problems of justice, criminal justice professionals will gain insight as to which police and corrections methods are likely to be the most successful in their jurisdictions, and which will create more problems than they solve.

Grundlagen Und Grenzen Des Folterverbotes In Verschiedenen Rechtskreisen

Grundlagen und Grenzen des Folterverbotes in verschiedenen Rechtskreisen PDF

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Author: Anja Katarina Weilert
Publisher: Springer Science & Business Media
ISBN: 3540877479
Size: 10.77 MB
Format: PDF, Docs
Category : Law
Languages : de
Pages : 474
View: 3389


Das absolute Verbot der Folter, wesentlicher Bestandteil der internationalen Menschenrechtsverträge des 20. Jahrhunderts, ist in jüngster Zeit in die Diskussion geraten. Die vorliegende Arbeit untersucht die Reichweite des Folterverbotes auf der Ebene des Völkerrechts und am Beispiel der deutschen, israelischen und pakistanischen Rechtsvorschriften. Neben der Darstellung der Rechtslage analysiert die Autorin insbesondere die Auswirkungen des jeweiligen historisch-kulturell bedingten Verständnisses der Menschenwürde auf das Folterverbot.

World Criminal Justice Systems

World Criminal Justice Systems PDF

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Author: Richard J. Terrill
Publisher: Routledge
ISBN: 1455725897
Size: 68.38 MB
Format: PDF, Mobi
Category : Social Science
Languages : en
Pages : 723
View: 4621


Includes bibliographical references (p. 639-665) and indexes.

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