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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.
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.
This volume is a groundbreaking criticism of our criminal systems and of international criminal justice. One way of ensuring compliance with international criminal justice is to seek justice through pursuing the naked truth. Is it feasible to change this legal discipline? Is it possible for a society of human beings to function without any criminal legislation? We could also pose other crucial questions which concern our courts, legislative powers, and various governmental sanctions. What can we say about the world of animals? Do they also have legislative authorities who draft their international criminal law? What about enforcement measures, courts, judges, prosecutors, lawyers, and prisoners? Do they also kill millions of human beings through their political sanctions? Why do animals human not have any law, although human beings have produced vast amounts of case law? Are we more abhorrent than animals human? Are animals better educated and more morally competent than human beings? Given the answer to these questions, we use the term ahuman beingsa in juxtaposition to the term aanimals humana throughout this work. The volume puts forward its philosophy concerning the different attitudes of criminal theory and the doctrines which have strengthened the criminal discipline to favour the gross offenders known as the aauthorities.a Obtaining and reading this book is a must for the millions of prisoners, judges, prosecutors, lawyers, professors, researchers, philosophers, politicians, and students of law, criminal law, criminology, and political science, as well as military and police officers of all ranks, and academics.
While the system of international law is improving enormously and certain legal provisions are becoming an integral part of jus cogens norms, this body of law must be studied together with other systems which have basically been effective in its development. The principles of the rule of law must be evaluated collectively rather than selectively. In fact, most Islamic nations have ratified the ICC Statute. They have thereby contributed to the establishment of the pillars of morality, equality, peace and justice. At the same time, those pillars may be strengthened by means of an accurate interpretation of the principles of international criminal laws by all parties. The objective of these comparative philosophies is to examine their core principles, similarities and differences. The intention is to indicate that the variation in theories may not obstruct the legal implementation of international criminal law if their dimensions are judged objectively and with the noblest of motives towards mankind.
Introduction written by Professor Benjamin B FerenczThis 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.
Even though theinjustices occurring against thePalestinians are alarming, no governmentis assisting the victims. The gavel of lady justice has been stolen by the permanent members of the Security Council, and thus, no state has spoken out against the injustices. The judges andprosecutors of the international courts are threatened by the dialogues of the powerful authorities, and they evencelebrate the mourning of the broken dreams of the innocent children.The Palestinian population has been subjectedto genocide, annihilation, banishment, and terror at the hands of the grandchildren of those who themselves greatly suffered from the genocide in Europe -- and still this situation has been referred to as the deal of the century. For a long period of time, the territorial integrity, the traditional sovereignty, the spiritual capital, and the international legal personality of one of the oldest nations of the world have been suffering, arguably to feed the political laundering of other nations. Without any hesitation, the principles of dignity, justice, and equality allegedly upheld by the United Nations should be questioned given the inequity in voting and membership within the organisation. This book seeks bare justice and to tackle the grave violations of international criminal justice in Palestine and elucidate the fact that the notions of irresponsibility, non-accountability, and impunity are stronger than the corpus of the permanent International Criminal Court. The pillars of this book are addressed to every single individual of the universe who cares for the virtue of moral justice.
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