In this comprehensive work, Malekian introduces the importance of the noble principle of the population of wisdom which relates to the far-reaching foundation of the systems of international human rights law and international criminal justice. This principle is not dependent upon the norm of inequality, nor upon the threat of use of force and the killing of millions, nor does it seek to destroy the truth in order to exploit nations. Malekian trusts that an equitable system of international law based in wisdom can provide a forum for a deeper philosophical understanding of the value of our perception, which struggles to establish quality standards, rather than an exorbitant number of human rights provisions. If international human rights law and international criminal law do not encounter the high moral values as their virtue, they cannot make ethically wise decisions or attain long-term legal efficiency. We may successfully increase the significance of legal disciplines such as human rights law, the law of the United Nations, and the moral capacity of the norm of perception through the magnificent power of wisdom. This book discusses original theories addressing serious questions concerning the ethical, normative, and moral values of human essence on a variety of issues, in order to decrease violations and increase perceptions of true humanisation. The musings on the distinctive values of this book are presented to those who are not afraid to honour the truth. Read the book with a vigilant heart and scrutinise it with an open-minded attitude.
The musings on the distinctive values of this book are presented to those who are not afraid to honor the truth. Read the book with a vigilant heart and scrutinize it with an open-minded attitude"--
This Work deals with chances and boundaries of the protection of Human Rights through International Law and International Criminal Law. It contains contributions by leading legal scholars and experts from all over the world and provides positive as well as skeptical attitudes.
Volume II of the International Criminal Law Practitioner Library series focuses on the core categories of international crimes: crimes against humanity, genocide, and war crimes. The authors present a comprehensive and critical review of the law on the elements of these crimes and their underlying offences, and examine how they interact with the forms of responsibility discussed in Volume I. They also consider the effect of the focus in early ICTY and ICTR proceedings on relatively low-level accused for the development of legal definitions that are sometimes ill-suited for leadership cases, where the accused had little or no physical involvement in the crimes. The book's main focus is the jurisprudence of the ad hoc Tribunals, but the approaches of the ICC and the various hybrid tribunals are also given significant attention. The relevant jurisprudence up to 1 December 2007 has been surveyed, making this a highly useful and timely work.
The book's main focus is the jurisprudence of the ad hoc Tribunals, but the approaches of the ICC and the various hybrid tribunals are also given significant attention.
This course investigates the relationships between international criminal law and other branches of international law. It begins by examining four issues of general international law: the principal sources of international law, jurisdiction and immunities, State responsibility, and use of force. It then explores internationalhumanitarian law, focusing on definitions of war crimes and difficulties in linking IHL and ICL. Next, it examines refugee law, paying particular attention to the exclusion of war criminals from refugee protection and to international crimes that may be related to the rights and treatment of refugees. The final chapter explores the relationship between ICL and human rights law, examining the position of human rights within the Rome Statute of the ICC, as well as the human rights aspects of genocide, crimes against humanity, various procedural rights relating to fair international trials and the contribution of human rights fact-finding mechanisms.
Watch the interview with William Shabas on Relationships Between International Criminal Law and Other Branches of International LawThis course investigates the relationships between international criminal law and other branches of ...
Atrocities such as genocide or crimes against humanity are usually committed by a large number of perpetrators. Moreover, those who masterminded the crimes may not have actively participated. This book sets out how these people can be held responsible for their crimes by international criminal tribunals.
Moreover, those who masterminded the crimes may not have actively participated. This book sets out how these people can be held responsible for their crimes by international criminal tribunals.
Methods of Interpreting the Concept of Custom in International Criminal Tribunals
This book examines the evolution of customary international law (CIL) as a source of international law. Using the International Criminal Tribunal for the former Yugoslavia (ICTY) as a key case study, the book explores the importance of CIL in the development of international criminal law and focuses on the ways in which international criminal tribunals can be said to change the ways in which CIL is formed and identified. In doing so, the book surveys the process and substance of CIL, as well as the problematic distinction between the elements of state practice and opinio juris. By applying an inclusiveãeepositivist approach, Noora Arajärvi analyses the methodologies of identification of CIL in selected cases of the ICTY, and their normative foundations. Through examination of the case-law and the reasoning of courts and tribunals, Arajärvi demonstrates to what extent the court's chosen method of identification of CIL affects the process of custom formation and the resulting system of norms in general. The book will be of great value to researchers and scholars of international law, international relations, and practitioners with interests in customary international law.
A Manual on the Theory and Practice of the Interrelation of Sources
States often regard themselves bound by treaty rules which have developed under customary international law, even though many of the treaties themselves have not been ratified. The Law of the Sea Convention, for instance, has generated new customary rules which modified the 1958 Geneva Conventions. These & many other issues are dealt with clearly & systematically in this informative handbook on the relations between written & unwritten international law. The conclusions of the first edition of Customary International Law & Treaties were largely confirmed by the International Court of Justice in the Nicaragua Case. This fully revised second edition, while basing itself on the original version, brings the subject up to date.
These & many other issues are dealt with clearly & systematically in this informative handbook on the relations between written & unwritten international law.
Theory and the Practice of the International Court of Justice and the International ad hoc Criminal Tribunals for Rwanda and Yugoslavia
Building on an empirical analysis of the jurisprudence of the International Court of Justice and the two ad hoc tribunals for ex-Yugoslavia and Rwanda, this book sheds new light on the development of custom as a source of international (criminal) law.
Building on an empirical analysis of the jurisprudence of the International Court of Justice and the two ad hoc tribunals for ex-Yugoslavia and Rwanda, this book sheds new light on the development of custom as a source of international ...
