Classical Morality in International Peremptory Criminal Law

Classical Morality in International Peremptory Criminal Law

Author: Farhad Malekian

Publisher: Cambridge Scholars Publishing

Published: 2018-10-09

Total Pages: 350

ISBN-13: 1527518264

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This book begins with the belief that, if a moral principle cannot be identified in the language of the law, if law is not underpinned by a moral understanding of the norm, if the moral accusation is not attached to the violations of certain indispensable norms of the law, then we are violating the peremptory character of the universality of the moral law. The book vicariously objects to any dispute for the advantage of the impunity of those who have cruelly contravened the corpus juris of international peremptory criminal law. What justifies the law in recognizing certain principles as peremptory derives from the highest genetic merit for the international human community as a whole. Here, the term ‘peremptory’, for classical morality, is seen to encompass love for the spirit of truth, for the strength of equality of arms and for the reaffirmation of the value of the essence of man where its infringements violate the indispensable universal rights of nature. This is regardless of whether its perpetrators are Western or non-Western.


Allegation by Political Laundering

Allegation by Political Laundering

Author: Farhad Malekian

Publisher: Cambridge Scholars Publishing

Published: 2018-10-29

Total Pages: 168

ISBN-13: 1527520560

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The Julian Assange case reminds us of the well-known Scandinavian narrative, Keiserens Nye klæder (The Emperor’s New Clothes). Once upon a time, two tailors weaved new clothes for an emperor. They claimed they used a magic fabric that apparently less talented people could not see. In reality, they wove nothing; they had no loom at all. However, they pretended with gestures of the hand that the loom was active. No one wanted to be the less gifted person, so everyone lied and confirmed the clothes were progressing. The emperor finally put on the magic clothes and marched naked around the capital city with the members of his entourage holding the magic train. Unexpectedly, a guiltless little child, shouted out with a confident voice “Men han har jo ikke noget paa” (“But he doesn’t have anything on!”). The emperor knew the child was right, but decided he must bear it until the procession was over. Human rights or international criminal justice is not simply hocus-pocus, but it seems to be so in the case of Assange, who has enlightened the world population about the hidden criminal political laundering of the big, powerful states. This book explores the propensity towards evil in the nature of collective entities based on political and economic gains against the international community as a whole. It underlines that immoral criminal political laundering is the basic reason for money laundries throughout the globe.


The Sources of International Law

The Sources of International Law

Author: Hugh Thirlway

Publisher: Oxford University Press

Published: 2014-02

Total Pages: 262

ISBN-13: 0199685398

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Because of its unique nature, the sources of international law are not always easy to identify and interpret. This book provides an ideal introduction to these sources for anyone needing to better understand where international law comes from. As well as looking at treaties and custom, the book will look at more modern and controversial sources.


The Nature of International Law

The Nature of International Law

Author: Miodrag A. Jovanović

Publisher: Cambridge University Press

Published: 2019-04-25

Total Pages: 287

ISBN-13: 1108473334

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The Nature of International Law provides a comprehensive analytical account of international law within the prototype theory of concepts.


UN Security Council Referrals to the International Criminal Court

UN Security Council Referrals to the International Criminal Court

Author: Alexandre Skander Galand

Publisher: BRILL

Published: 2018-11-22

Total Pages: 278

ISBN-13: 9004342214

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Galand critically spells out a comprehensive conception of the nature and effects of Security Council referrals that responds to the various limits to the International Criminal Court's exercise of jurisdiction over situations that concern nationals and territories of non-party States.


The Fundamental Concept of Crime in International Criminal Law

The Fundamental Concept of Crime in International Criminal Law

Author: Iryna Marchuk

Publisher: Springer Science & Business Media

Published: 2013-07-29

Total Pages: 311

ISBN-13: 3642282466

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This book examines the rapid development of the fundamental concept of a crime in international criminal law from a comparative law perspective. In this context, particular thought has been given to the catalyzing impact of the criminal law theory that has developed in major world legal systems upon the crystallization of the substantive part of international criminal law. This study offers a critical overview of international and domestic jurisprudence with regard to the construal of the concept of a crime (actus reus, mens rea, defences, modes of liability) and exposes roots of confusion in international criminal law through a comprehensive comparative analysis of substantive criminal laws in selected legal jurisdictions.


The Oxford Handbook on the Sources of International Law

The Oxford Handbook on the Sources of International Law

Author: Samantha Besson

Publisher: Oxford University Press

Published: 2017

Total Pages: 1233

ISBN-13: 0198745362

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This Oxford Handbook examines the sources of international law, how the understanding of sources changed throughout the history of international law; how the main legal theories understood sources; the relationship between sources and the legitimacy of international law; and how sources differ across the various sub-areas of international law.


The Oxford Handbook of International Criminal Law

The Oxford Handbook of International Criminal Law

Author: Darryl Robinson

Publisher: Oxford University Press

Published: 2020-02-24

Total Pages: 896

ISBN-13: 0192558889

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In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes of liability and defences, and the role of states in prosecuting international crimes. The Oxford Handbook of International Criminal Law, however, takes a theoretically informed and refreshingly critical look at the most controversial issues in international criminal law, challenging prevailing practices, orthodoxies, and received wisdoms. Some of the contributions to the Handbook come from scholars within the field, but many come from outside of international criminal law, or indeed from outside law itself. The chapters are grounded in history, geography, philosophy, and international relations. The result is a Handbook that expands the discipline and should fundamentally alter how international criminal law is understood.