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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.
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.
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.
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.
This book addresses the international criminal law of children,
which constitutes one of the major branches of public international
criminal law. It brings together the imperative key codes of the
international humanitarian law of armed conflict, international
human rights law, international criminal law, and international
criminal justice in conjunction with the legal statute of children,
with a diverse range of methods and positions on the origin of
national criminal laws. It proves that children are an especially
precious subject of international jurisprudence, and therefore
violating their rights in the time of armed conflict is not only a
crime of international character, but also an assault against the
most elementary, ethical philosophy of universal moral justice. The
book also addresses questions relating to the rape, torture, or
killing of minors/children in different parts of our globe. The
theme of the book condemns various brutal conducts authorized by
governments against children both in times of war and of peace such
as genocide or recruitment of child soldiers. Through this, the
book evaluates the principles of jus cogens and erga omnes which
have been constantly violated by various states over the last
several centuries up until today. The powerful theory of the book
is strongly recommended to all law and public libraries in the
world. It should be read by students of law and politics,
international lawyers, researchers of criminal law, military
offices including peacekeeping missions.
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