Suchergebnisse

The conclusion and adoption of the Statute of a permanent International Criminal Court2("Statute") in Rome in July 19983represent a turning point in the enforcement of legal norms regulating armed conflict. Th e Rom e Conference was the latest, and most important, chapter in a long saga concerning the broader issue of the conclusion and adoption of a Draft Code of Crimes against the Peace and Security of Mankind, an important part of which was the establishment of an international criminal court to try such crimes.4The International Law Commission (ILC), the UN organ responsible for the preparation of the Code,5decided to separate the two objectives and to proceed with the drafting of a statute for an international criminal court that was distinct from the Draft Code of Crimes: the ILC envisaged a court that would exercise jurisdiction in respect of crimes of international concern which existed as such in various treaties already in force.6This approach is reflected in the provisions of the Statute adopted at Rom e concerning the jurisdiction of the Court, as explained below.7

Journalists and other media personnel perform a crucial role in armed conflicts. In the absence of functioning civil society, which, in peacetime can survey the behaviour of governments and other parties, and report on breaches of law, journalists are often the only parties on the ground able to document and publicise such breaches. Like humanitarian workers, they are often the only group that can bring to the attention of the world breaches of international humanitarian law and the horrific consequences which flow from armed conflict without limits. This article will consider the protections afforded to journalists under international humanitarian law and the practical assistance given to journalists by the International Committee of the Red Cross (ICRC).

India has the highest number of acid attacks globally every year, and despite the actions taken by the Indian Government and the Supreme Court of India, the crime is on the rise. This increase can be attributed to the patriarchal ideology that is prevalent in India and to India's inadequate legal system, which does not deliver efficient remedies to the victims. This article will discuss the prevalence of acid attacks in India, motives behind the attacks, consequences on victims, and shortcomings in measures adopted to prevent the crime and provide justice to victims.

AbstractRecent efforts in the United Nations to establish a comprehensive system of international criminal repression by creating a permanent international criminal court are by no means free from doubts regarding the possibility ever to enforce such law. The preamble of the draft statute prepared by the International Law Commission states the basis on which the court is to assert jurisdiction in an ambitious manner: it is the ``International Community'', joining against ``the most serious crimes of international concern''. The project cannot, however, ignore decades of realist criticism against the assumption of the existence of an international community that is ready to accept an international criminal jurisdiction. In the negotiations, this contradiction is dealt with by a technique provided with an ambiguous name: ``complementarity'', i.e. the coordination of the tasks of the international and domestic jurisdiction. The writer discusses the various ideas and proposals presented under the heading of ``complementarity'' in order to examine the tension between communitarian and sovereignty-based strands in the international project to create an effective criminal jurisdiction.

'Knowledge', themes, and structure -- Law and society: the purposes and functions of law -- Law making: authority and process -- Shaping the institutional framework: the role of government -- The criminal justice system -- The administrative justice system -- The family justice system -- The civil and commercial justice system -- Delivering legal services: practitioners, adjudicators, and legal scholars -- The funding of legal services -- Is the English legal system fit for purpose?

The spirit of fighting corruption in Indonesia based on the spirit of the Declaration of the 8th International Conference against Corruption and Indonesia United Nations Convention against Corruption (UNCAC) UN 58/ 4 dated October 31, 2003, and Law No. 7 of 2006 on the Ratification of the UN Convention on Anti-Corruption of 2003 and Act No. 20 of 2001. The implementation of the Law on Corruption tends not optimal. As a new breakthrough reached the imposition of criminal sanctions in the form of revocation of political rights for the accused of corruption. Although in practice the criminal is considered unconstitutional. Given the enormous impact of corruption, namely the loss suffered by the people and the state, the current criminal disenfranchisement for perpetrators of political corruption has been duly applied. Keywords: pull, rights, corruption, politics.

This article was written because rehabilitation sanctions for victims of drug abusers and addicts are not specified in Islamic criminal law in Indonesia. Because drugs are similarly intoxicating and mind-altering under Islamic criminal law, they are referred to (qiyased)asalcohol (khamr) and are punishable by flogging and ta'zir. Neither of the two sanctions addresses treatment or rehabilitation; instead, they emphasise physical penalties and the deterrent effect they have on alcohol-related offenses. The data for this library research was gathered from reference books, encyclopedias, papers, notes, and a variety of publications.This study can be concluded as follows: first, if the defendant is caught red-handed, evidence is found with the use of one day, a positive laboratory certificate for the use of drugs according to the investigator's request, a certificate from a government psychiatrist or psychiatrist appointed by the judge, there is no evidence that the person concerned is involved in the distribution of drugs for addicts. Second, in Islamic law, drugs are qiyased to khamr because the illat(reason)is both intoxicating and depriving the mind. If khamr is the punishment for drinking in Islamic criminal law, ta'zir is the punishment for drug addicts in positive Indonesian law (rehabilitation).Artikel ini ditulis karena sanksi rehabilitasi yang dijatuhkan terhadap korban penyalahguna narkotika dan pecandu narkotika di Indonesia tidak ada dalam hukum pidana Islam. Dalam hukum pidana Islam narkotika diqiyaskan kepada khamar karena illatnya sama-sama memabukkan dan menghilangkan akal seseorang, sehingga sanksi yang diberikan ialah berupa sanksi had seperti dera dan sanksi ta'zir. Dari kedua sanksi tersebut lebih kepada sanksi fisik dan efek jera yang diberikan kepada pelaku khamar tidak ada yang menyinggung mengenai pengobatan atau rehabilitasi. Penelitian kepustakaan merujukdata dari buku referensi, artikel, catatan, serta berbagai jurnal.Penelitianinidisimpulkan sebagai berikut: pertama, jika terdakwa ...

Abstract: After a rather hesitant reception, law and economics is today a well-established branch of legal education and research at many universities all over Europe. Competition law aside, its impact on legal practice and adjudication is still widely perceived as being rather modest. However, in European private law economic analysis slowly seems to gain more prominence. In its proposals and initiatives the Commission increasingly relies on efficiency and other law and economics arguments. Moreover, arguments based on an economic analysis of law have been advanced as a line of reasoning before, and have occasionally been relied on by, the Court of Justice in its decisions. This article analyses whether and to what extent law and economics may contribute to the development of an autonomous method of legal reasoning in European private law. It argues that law and economics arguments are legitimate and provide an indispensible tool for highlighting the inevitable social costs generated by decisions that satisfy the perceptions of fairness and justice of certain groups.
Résumé: Malgré des débuts quelque peu hésitants, l'analyse économique du droit est aujourd'hui pleinement reconnue comme un aspect important de l'enseignement juridique et de la recherche par beaucoup d'universités en Europe. Cependant, le droit de la concurrence mis à part, son impact sur la pratique juridique et sur les décisions judiciaires est encore très largement perçu comme relativement modeste. Pourtant, dans le droit privé européen, l'analyse économique semble gagner peu à peu en importance. La Commission Européenne dans ses propositions et initiatives, s'appuie de plus en plus sur l'efficience et donc sur des arguments de nature économique. Par ailleurs, des arguments basés sur l'analyse économique du droit avaient déjà été utilisés comme outils de raisonnement et, en de certaines occasions, la Cour de Justice Européenne y avait eu recours dans ses décisions. Cet article analyse si -et surtout dans quelle mesure- l'analyse économique du droit peut contribuer au développement d'une méthode indépendante de raisonnement juridique en droit privé européen. Il est démontré que les arguments de l'analyse économique du droit sont légitimes et fournissent un outil indispensable pour mettre en exergue les coûts sociaux inévitables générés par des décisions satisfaisant uniquement les perceptions d'équité et de justice voulus par certaines groupes.

The rapid current of globalization raises many problems in almost all aspects of human life, covering the political, social, cultural, economic, scientific and technological fields, so that fundamental changes in people's habits arise predominantly. Following the issuance of Law Number 11 Year 2008 on Electronic Information and Transactions (ITE) that was amended to Law Number 19 Year 2016 regarding the Amendment of Law Number 11 Year 2008 regarding Information and Electronic Transactions, many polemics and cases that lead to the pros and cons of the articles in the ITE Law took place. This study examines the classification of an offense of criminal act of contempt committed through electronic information media of and reveals the legal standing for such kind a criminal act. This study was conducted using normative method through analysis of legal interpretation and descriptive analysis. Apparently, the results confirm that the element of "contempt and/or defamation" contemplated in Article 27 paragraph (3) of ITE Law refers to Article 310 of the Criminal Code. Criminal acts of contempt committed through electronic information media are offense complaints that should be reported to the authorities by persons who feel that their honor or reputation is insulted or those who are empowered to obtain judicial justice from law.

The place of emotion in legal education is rarely discussed or analysed, and we do not have to seek far for the reasons. The difficulty of interdisciplinary research, the technicisation of legal education itself, the view that affect is irrational and antithetical to core western ideals of rationality - all this has made the subject of emotion in legal education invisible. Yet the educational literature on emotion proves how essential it is to student learning and to the professional lives of teachers. This text, the first full-length book study of the subject, seeks to make emotion a central topic of research for legal educators, and restore the power of emotion in our teaching and learning. Part 1 focuses on the contribution that neuroscience can make to legal learning, a theme that is carried through other chapters in the book. Part 2 explores the role of emotion in the working lives of academics and clinical staff, while Part 3 analyses the ways in which emotion can be used in learning and teaching. The book, interdisciplinary and wide-ranging in its reference, breaks new ground in its analysis of the educational lifeworld of situations, communities, actors and interactions in legal education

This book explores for the first time the broad range of ways in which Christian thought intersects with American legal theory. Eminent legal scholars—including Stephen Carter, Thomas Shaffer, Elizabeth Mensch, Gerard Bradley, and Marci Hamilton—describe how various Christian traditions, including the Catholic, Calvinist, Anabaptist, and Lutheran traditions, understand law and justice, society and the state, and human nature and human striving. The book reveals not only the diversity among Christian legal thinkers but also the richness of the Christian tradition as a source for intellectual and ethical approaches to legal inquiry.The contributors bring various perspectives to the subject. Some engage the prominent schools of legal thought: liberalism, legal realism, critical legal studies, feminism, critical race theory, and law and economics. Others address substantive areas, including environmental, criminal, contract, torts, and family law, as well as professional responsibility. Together the essays introduce a new school of legal thought that will make a signal contribution to contemporary discussions of law