Jurisprudence of international criminal justice
By: Farhad Malekian
Publisher: Cambridge Scholars Publishing
Published: 2014
Place of publication: Newcastle upon Tyne
Language: eng
Number of pages: 771
ISBN-13: 9781443853606
Subjects: Administration of Criminal justice; International criminal law; Jurisprudence; Criminal procedure (International law); International criminal courts
Description: "This challenging volume examines the jurisprudence of international criminal justice from various points of view. The philosophy of justice may vary from time to time and from nation to nation, depending on prevailing attitudes towards the substantive rules which deal, in one way or another, with cultural norms. In the national and international area, the principles of criminal justice have a key role in examining the scope of the most serious violations of international criminal law. It is on the basis of appropriate judgment that these principles may be accumulated and achieved for the future conduct of man. This volume, therefore, examines the principles and dimensions of the constitutions of various international criminal tribunals/courts, with particular focus on the Statute of the International Criminal Court (ICC). As such, the volume offers a comprehensive evaluation of the rule of law and criminal justice and their legal tasks within the complementarity system of international criminal jurisprudence. The volume emphasises the prosecution and punishment of all those who may successfully escape from the proceedings of national and international criminal courts because of their juridical, political, religious, economic or military power. It demands the implementation of international law of jus cogens. The provisions of the Statute should not be deduced in contradiction to the norms from which no derogation is possible, such as prohibitions governing crimes against humanity, torture, apartheid, rape, war crimes, genocide, and aggression. If the value of the task of the Court is to be realised by the majority of states in the international community, the cycle of impunity has to be abolished in the case of all states, including the five permanent members of the Security Council of the United Nations"--Unedited summary from book jacket.
Notes: Includes bibliographical references (pages [741]-771).
Table of contents: title: The origin of international criminal justice --; title: The creation of international criminal tribunals and the courts --; title: The mechanism of international criminal tribunals and the courts --; title: Categorization of crimes in the international criminal tribunals and the courts --; title: Major criminal procedures in the tribunals and the courts --; title: Criminal responsibility in the international criminal tribunals and the courts --; title: The elements of jurisdiction in the ICC --; title: Final treaty provisions within the law of the ICC --; title: Developments of the Statute of the ICC in Kampala --; title: Cases before international criminal justice --; title: Non-trial justice --; title: The position of international criminal justice in jus cogens law -- -- Appendix A.; title: Rome Statute of the International Criminal Court -- -- Appendix B.; title: Elements of crimes -- -- Appendix C.; title: Resolution RC/Res.6.