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Introduction written by Professor Benjamin B FerenczThis 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.
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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.
1 185 kr
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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.
Del 5 - Brill's Arab and Islamic Laws Series
Principles of Islamic International Criminal Law
A Comparative Search
Inbunden, Engelska, 2011
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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.
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The genocide currently occurring in Gaza conjures parallels to the atrocities witnessed during the Holocaust in Germany and following the dropping of the atomic bomb on Hiroshima. The events at Pearl Harbor were implicitly supported by both the American and British governments, just as the destruction of many countries, including Palestine, continues to be today. The voiceless Palestinians children endure humiliation at the hands of unjust verdicts issued by Israeli authorities, akin to the experiences faced by innocent Jews during World War II. The consequences of September 11th and the various coups orchestrated through American foreign diplomacy further exemplify the United States’ involvement in the oppression of other nations, including through the proxy war between Ukraine and Russia. Unlike previous wars, the international crimes committed in Gaza are portrayed by Western governments as acts of self-defence being committed against resisting factions, a narrative designed to shift responsibility onto others and distract from Western governments’ mission to exert control over the entire Middle East. Western governments have monopolized international laws as tools to address their own transgressions, while also evading accountability from institutions such as the International Criminal Court in The Hague. Israeli authorities justify that their military forces constitute "the Most Moral Army in the World", thereby enabling them to commit atrocities with the complicity of Western governments. Consequently, the massacre faced by children in Gaza disproportionately affects individuals who are utterly defenceless and reliant on parental protection. Western authoritarian leaders, regardless of their decorative democratic political tags, certainly have international criminal responsibility for the Holocaust of children.
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Justice can be described as a construct that often conceals falsehoods, or at times, serves merely as a façade for such falsehoods. Regardless of how justice may be defined, it is evident that it does not emanate from the intentions of virtuous individuals; rather, it is shaped by the artistry of those who are dishonest. This observation aptly reflects the current state of international criminal justice. It would not be an exaggeration to assert that the definition of international justice has been historically manipulated, dictated, and promoted by those who have held positions of power while engaging in egregious international crimes. Consequently, the concepts of injustice and the massacre of innocent civilians cannot be relegated to mere footnotes in the evolution of international relations among various civilisations; instead, they reveal the brutality inherent in our more powerful natures. Regrettably, the existing system of international criminal justice suffers from a significant distortion of truth and an overwhelming infusion of deception—perpetrated through coercive means within the discussions held at the United Nations Security Council. Thus, we find ourselves governed by a "law" founded on lies, which must be adhered to by all individuals regardless of their varying inclinations. It is imperative to engage with this discourse and remain cognisant of one's own nature.
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Over the course of several decades, successive Israeli empires have systematically perpetrated acts of destruction, humiliation, killings, and mass atrocities against the Palestinian population, exceeding even the atrocities committed against innocent Jews under German Nazism. The people of the State of Palestine have endured profound suffering, culminating in concerted efforts aimed at their complete annihilation with explicit backing from certain Western governments, including those of the United Kingdom, the United States, and Germany. These parties have blatantly violated both legal and moral principles established by the United Nations and the International Criminal Court. A comprehensive examination of these atrocities reveals that Zionist policies are designed to entirely displace Palestinians from their ancestral lands. The Israel Defence Forces have progressively enforced measures involving forced emigration and mass deportation of Palestinian populations. Consequently, military authoritarian regimes, arms trade empires characterised by hypocrisy, Zionist hierarchical structures, genocidal economic systems, and occupation empires have become entrenched realities indicating failures within international criminal justice. These failures have led to the brutal massacres of innocent civilians and children. This crisis is further compounded by lawyers, politicians, judges, and prosecutors who, despite identifying as legal professionals, demonstrate moral bankruptcy in their pursuit of status, wealth, and titles within a regime responsible for genocide. Amid this ethical decay among legal practitioners and the widespread infliction of grievous physical harm on millions, victims endure severe injustices. As a result, international criminal justice frameworks—including human rights law and humanitarian law—lose their efficacy in addressing an empire defined by genocide. The scale of this tragedy is profoundly disturbing.