Suchergebnisse

"With the principle of tour de force, we refer to the use of the power of moral legality, the strength of statutes, and the fairness of judgments. A quantum force of moral legality and legal morality serves as an imperative force in the implementation of fair criminal justice, as well as in the prevention of future victims across the globe. Contrary to positivist ideas, the simple notion of morality contains within itself the very essence of international criminal norms. If the source of morality did not exist in the structure of our criminal justice, we could no longer call it criminal justice and would instead have to call it criminal revenge. Beyond the moral essence of international criminal justice, we also challenge the hidden illegality and immorality of certain attitudes. This is done in order to prevent acts which violate human rights law and criminal justice provisions. The codes of international human rights law cannot properly function without the comprehensive nature of morality which elevates the moral virtue of international criminal justice and strengthens the tour de force. One may observe that the principle of the tour de force of the moral virtue within the system of international criminal justice loses its legal power when governments attempt to justify their unjust decisions. This is the main reason why the major potential value of the tour de force of the moral virtue of human rights law and international criminal justice is not as strong as it should be. In order to achieve a vision of the tour de force of moral virtue, we need to establish a devoted influential ethical vision of the truth beyond political tradition. An unparalleled philosophical piece of literature for libraries"--

"This book delivers a central and dynamic interpretation of the imperative philosophy of international criminal justice and how it struggles to defend the body of international human rights law. Understanding the fundamental philosophies of both legal disciplines reassures the promotion of the virtue of their norms. This work examines these basic philosophies by analysing them through the lens of the new terms: visible power and invisible essence. The former term addresses jus major provisions, while the latter reveals the substantive essence of the existence of the ethical virtues of both legal disciplines as subjects of unity. The invisible reasoning contains genuine imperative moral law and attempts to strengthen its visible framework by preventing autocratic law. The invisible platform of the system of international criminal justice should always remain imperative and it should not be compromised through new, domineering interpretations. The ethics of the procedures of the system of international criminal courts should not rest on the interpretation of visible provisions promoted through authoritarian impulsive rules, rather they should be based on whether or not the invisible pure "jus imperative" legal justice has been given sufficient weight in the judgements of courts. The coherent scale of the invisible moral essence should not be shattered by incoherent visible morality. Reading about these novel values with the new terms: criminalvisibilism and criminalinvisibilism, as coined by the author, is a must"--

The basic principles of the profession of lawyers -- Burden of reasonableness in the office of lawyers -- International frame of justice within the profession of lawyers -- Duty of the defence team to present the bare truth -- Defending international crimes through the absence of apparent motive -- Conundrums facing international criminal lawyers -- Massive violation of morality by lawyers -- Cross-examination of the position of lawyers -- Conclusion.

The statutes of the law of somebodiness criminalising the law of nobodiness -- The law of somebodiness in international criminal law -- International criminal law prohibiting the law of nobodiness -- The capstones of the law of somebodiness condemning the law of nobodiness -- The sculpture of justice in the law of somebodiness -- International criminal validity of the law of somebodiness -- Proceedings legalising the law of somebodiness and nullifying the law of nobodiness -- Indispensable criminal principles of the law of somebodiness -- The permanent international criminal court in the aquarium of justice -- The law of nobodiness violating international human rights criminal law collusion between the law of somebodiness and the law of nobodiness -- Conclusion.

Struggling for companionate justice -- Crimes of justice -- The notion of international legal personality -- Traditional recognition of Palestine -- Violations of international peremptory criminal law -- The mens rea of political laundering crucifying Al-Quds/Jerusalem -- Actus reus of the declaration implying the guilty mind -- Characterising dignity through the exploitation of legal personality -- Conclusion.

"This book explores, from various perspectives, Kants codex of the categorical imperative and the supreme principle of morality in juxtaposition with the monopolisation of the rules of international criminal law. Kants reference to the term propensity to evil in human nature is a much more serious iniquity universally in the nature of the Security Council than the concepts of a mens rea and actus reus in criminal law. His decisive warning foreshadows that the inclinations towards self-interest, self-love, and intent in collective mens rea within the resolutions of the Security Council prevent states from striving towards the supreme maxim of a genuine international moral worth. The idea of international criminal law is, thus, viewed as a mirage. Essentially, certain rules of the United Nations Charter, the system of international criminal justice, human rights law, and humanitarian law, like a fata morgana, are crucial if unattainable. The permanent members of the Security Council are deceiving the world by propagating a variety of excuses with the core objective of economic gain"--Back cover

4. A Comparative Examination of SourcesChapter Four; 1. Legal Philosophy; 2. The Roots of the System; 3. The Inquisitorial Codes; 4. Interpretation by Judges; 5. Civil Law; 6. Islamic Inquisitorial System; 7. Defendant in Inquisitorial and Adversarial Proceedings; 8. Powers of the Judge; 8.1. Active Judge; 8.2. The Lay Judges; 8.3. The Islamic Assessors; 8.4. Positive Role of the Judge; 8.5. The Passive Role of Attorneys; 8.6. The Length of Trial; Chapter Five; 1. Roots of Adversarial Systems; 2. Common Law; 3. Jury or No Jury; 4. Leading Principles; 5. Criminal Cases; 6. Powers of the Judge

The nature of Islamic international law -- Principles of Islamic international law -- Islamic philosophy of law in relation to Islamic international law -- Sources of Islamic public international law -- Islamic international law within municipal law -- International status of state sovereignty -- Subjects of the law -- Human rights law -- The discipline of Islamic international criminal law -- Aggression -- War crimes -- Unlawful use of weaponss -- Crimes against humanity -- Slavery -- Genocide -- Apartheid -- Torture -- Crimes against internationally protected persons -- Taking of hostages -- Drug offences -- Trafficking in persons and pornography -- Crimes against natural environments -- Crimes against foodstuffs -- Piracy -- Limitations of hostilities in the conduct of states -- Institution of protections -- Humanitarian protections of prisoners of war -- Islamic criminal jurisdiction within the ICC -- The mechanisms of the trial -- Rights of the accused -- Basis of criminal accountability -- Punishments.

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. Readership: This book offers a peaceful resolution into international justice for researchers, students, practicing lawyers, military personnel, governmental officials, diplomats, judges, and prosecutors. It constitutes a prized addition to university and public library.