Conscience Of Judges In International Criminal Law
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Conscience Of Judges In International Criminal Law The Heart Of Judgement
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Author : Farhad Malekian
language : en
Publisher:
Release Date : 2021-11-30
Conscience Of Judges In International Criminal Law The Heart Of Judgement written by Farhad Malekian and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-30 with categories.
For the author, a judge is a person with high ethical and moral capacity who respects their position. When we think of a court, we think about a place where we confront the truth, where every single individual, every judge and prosecutor, every victim and witness, and every accused person, offender, and the condemned, come together to reveal the naked truth. The main objective of criminal proceedings is to uphold a pure juridical system with full ethical conscience in order to protect the rights of all individuals, including members of the general public. Judges of criminal courts are required to be independent in order to pursue the truth and uphold judicial conscience, which is itself an institution based on the professional values of criminal justice. A judge with ample judicial conscience should not be afraid of being attacked or losing their position if they work to uphold and uncover the truth. This implies the independent freedom of judicial justice. If justice is safe, then the safety of the victims and the accused will also be guaranteed. That is why confidence in the professional standards of the ethical requirements of judges of national criminal courts or of the International Criminal Court is heavily contingent upon their honesty, which in turn relates to their practical experiences and ought to be based on the knowledge of the essence of humanity. Professional ethics are particularly vital when evaluating diverse values and the very question of pluralist systems of national or international criminal justice which deal with core international crimes. The intention of this work is to evaluate the way in which our administration of national and international criminal justice requires judges to be impartial, pursue the truth, and not be the puppets of politicians.
Shocking The Conscience Of Humanity
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Author : Margaret M. deGuzman
language : en
Publisher: Oxford University Press, USA
Release Date : 2020-04-13
Shocking The Conscience Of Humanity written by Margaret M. deGuzman and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-13 with Law categories.
The most commonly cited justification for international criminal law is that it addresses crimes of such gravity that they "shock the conscience of humanity." From decisions about how to define crimes and when to exercise jurisdiction, to limitations on defences and sentencing determinations, gravity rhetoric permeates the discourse of international criminal law. Yet the concept of gravity has thus far remained highly undertheorized. This book uncovers the consequences for the regime's legitimacy of its heavy reliance on the poorly understood idea of gravity. Margaret M. deGuzman argues that gravity's ambiguity may at times enable a thin consensus to emerge around decisions, such as the creation of an institution or the definition of a crime, but that, increasingly, it undermines efforts to build a strong and resilient global justice community. The book suggests ways to reconceptualize gravity in line with global values and goals to better support the long-term legitimacy of international criminal law.
Judges And The Making Of International Criminal Law
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Author : Joseph Powderly
language : en
Publisher: BRILL
Release Date : 2020-06-08
Judges And The Making Of International Criminal Law written by Joseph Powderly and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-08 with Law categories.
In Judges and the Making of International Criminal Law Joseph Powderly explores the role of judicial creativity in the progressive development of international criminal law. This wide-ranging work unpacks the nature and contours of the international criminal judicial function.
Conscience Of Prosecutors In International Criminal Law
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Author : Farhad Malekian
language : en
Publisher: Nova Science Publishers
Release Date : 2021-11-04
Conscience Of Prosecutors In International Criminal Law written by Farhad Malekian and has been published by Nova Science Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-04 with Criminal justice, Administration of categories.
This book evaluates the resting pulse of national and international criminal justice in conjunction with the actual definition of the truth which burdens prosecutors. Prosecutors have several valuable, yet inconspicuous tasks which are significant to criminal procedure. In criminal justice, the conscience of justice is based on the pursuit of the truth by using evidence. As a rule of genuine judgment, we seek to discuss the principle of truth and its enforcement in the proceedings of criminal justice. The visual perception of moral law and its imperative function governing the theory of ethical obligations, responsibilities, and duties of the prosecutor in the criminal jurisdiction therefore represents the primary starting point for all of our judgments. Prosecutors should actively ensure that both powerful and powerless criminals are brought to justice. The main objective of the statute of the permanent International Criminal Court (ICC) claims to uphold the high moral precedent which must be set by the Office of the Prosecutor. However, the actual practice of the ICC has instead led to millions of deaths, including those of innocent children, as well as the destruction of countries whose protection is not considered to be in "the interest of justice". If the ICC wishes to establish justice for victims, then the deterrence of impunity for any criminal should be its priority. The ICC should not become a pawn of the political superpowers or the platform through which the prosecutor can misuse classified documents to serve their personal interests. The ultimate nature of justice cannot be comprehensive if impartial validity is not the permanent foundation of the core pillars in all criminal proceedings. This book is recommended to anyone who concerns themselves with legal questions of criminal justice and its efficacy.
Shocking The Conscience Of Humanity
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Author : Margaret deGuzman
language : en
Publisher:
Release Date : 2022-09-29
Shocking The Conscience Of Humanity written by Margaret deGuzman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-29 with categories.
The literature and jurisprudence of international criminal law relies on the claim that international crimes are exceptionally grave. DeGuzman looks to build the legitimacy of international law by exposing the value choices that the rhetoric of 'gravity' entails, and poses a new framework for assessing the legitimacy of international criminal law.
Judgments Of Love In Criminal Justice
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Author : Farhad Malekian
language : en
Publisher: Springer
Release Date : 2017-03-31
Judgments Of Love In Criminal Justice written by Farhad Malekian and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-31 with Law categories.
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.
International Criminal Justice
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Author : Michael Bohlander
language : en
Publisher: Cameron May
Release Date : 2007
International Criminal Justice written by Michael Bohlander and has been published by Cameron May this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
Summary: "Written by seasoned scholars and practitioners, this collection of essays provides a most comprehensive analysis of the institutional dynamics and political underpinnings of international criminal justice. They explore and provide critical comment on the main institutional difficulties experienced by International Tribunals."--Publisher description.
Conscience Of Judges In International Criminal Law
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Author : Farhad Malekian
language : en
Publisher:
Release Date : 2022
Conscience Of Judges In International Criminal Law written by Farhad Malekian and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with Law categories.
For the author, a judge is a person with a high ethical and moral capacity who respects their position. When we think of a court, we think about a place where we confront the truth, where every single individual, every judge and prosecutor, every victim and witness, and every accused person, offender, and the condemned, come together to reveal the naked truth. The main objective of criminal proceedings is to uphold a pure juridical system with full ethical conscience in order to protect the rights of all individuals, including members of the general public. Judges of criminal courts are required to be independent in order to pursue the truth and uphold judicial conscience, which is itself an institution based on the professional values of criminal justice. A judge with ample judicial conscience should not be afraid of being attacked or losing their position if they work to uphold and uncover the truth. This implies the independent freedom of judicial justice. If justice is safe, then the safety of the victims and the accused will also be guaranteed. That is why confidence in the professional standards of the ethical requirements of judges of national criminal courts or of the International Criminal Court is heavily contingent upon the judges' honesty, which in turn relates to their practical experiences and ought to be based on the knowledge of the essence of humanity. Professional ethics are particularly vital when evaluating diverse values and the very question of the existence of pluralist systems of national and international criminal justice which deal with core international crimes. The intention of this work is to assess the way in which our administration of national and international criminal justice requires judges to be impartial, pursue the truth, and not be the puppets of ventriloquist politicians.
Judicial Practice Customary International Criminal Law And Nullum Crimen Sine Lege
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Author : Thomas Rauter
language : en
Publisher: Springer
Release Date : 2017-09-05
Judicial Practice Customary International Criminal Law And Nullum Crimen Sine Lege written by Thomas Rauter and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-05 with Law categories.
This study analyzes the methods used by international criminal tribunals when determining customary international criminal law and to consider the compatibility of these approaches with the nullum crimen sine lege principle. In this context, the following research questions are of particular importance: Is there one approach common to all international criminal tribunals, or can different approaches be detected in their jurisprudence when determining customary international law? Do international criminal tribunals regard both traditional elements of customary international law – State practice and opinio iuris – as necessary elements for the establishment of customary international law? Do international criminal tribunals argue along the lines of the International Court of Justice (ICJ), requiring a high frequency and consistency of State practice that is both “extensive and virtually uniform”?In addition, the book analyzes the evidence used by international criminal tribunals in order to establish the constituent elements of customary international. It then poses the question: Do international criminal tribunals distinguish, as defined by Schwarzenberger, between the “law-creating processes” of public international law on the one hand, and the “law-determining agencies” as a subsidiary means of determining rule of law on the other?Assuming that they exist, how can different methodological approaches to determine customary international law be assessed in light of the nullum crimen sine lege principle? Does the principle require judges to apply the traditional method to establish customary international law as being based on extensive, uniform and enduring State practice accompanied by opinio iuris? Can the principle balance the desire for justice and the specificities of law creation of the international legal order with fairness for the accused? How can the law be accessible and criminal punishment foreseeable, when the underlying legal basis for criminal convictions, namely customary international criminal law, is unwritten in nature?
Illicitly Obtained Evidence At The International Criminal Court
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Author : Petra Viebig
language : en
Publisher: Springer
Release Date : 2016-01-04
Illicitly Obtained Evidence At The International Criminal Court written by Petra Viebig and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-04 with Law categories.
This work deals with the exclusion of illicitly obtained evidence at the International Criminal Court. At the level of domestic law, the so-called exclusionary rule has always been a very prominent topic. The reason for this is that the way a court of law deals with tainted evidence pertains to a key aspect of procedural fairness. It concerns the balancing of the right to a fair trial with the interest of society in effective law enforcement. At the international level, however, the subject has not yet been discussed in detail. The present research intends to fill this gap. It provides an overview of the approaches of a number of domestic legal systems as well as of the approaches of the UN ad hoc tribunals and the European Court of Human Rights and uses the different perspectives to develop a version of the exclusionary rule which fits the International Criminal Court. The book is highly recommended for practitioners and researchers in the field of international criminal law and especially the law of international criminal evidence. Petra Viebig is a Public Prosecutor at the Staatsanwaltschaft Hamburg, Germany.