|
Showing 1 - 12 of
12 matches in All Departments
Since the September 11 attacks on the World Trade Center, jihad has
become symbolic of the confrontation between Muslims and the West.
According to popular views, jihad represents a religiously
sanctioned war to propagate or defend the faith by defensive and
aggressive means. However, there is not one single meaning of
jihad, but many different interpretations. In the most recent
decades of Islamic history, jihad was invoked as an instrument for
the legitimation of political action, be it armed resistance
against foreign occupation, the struggle for self-determination, or
retaliatory attacks against the West. The evolution and
contemporary abuses of jihad cannot be understood without a
connection to the modern political context in which such action
takes place. The aim of this book is thus to clarify the meanings
of jihad and the manipulation of its sense since the rise of
political Islam during the 1960s. Its authors address the
intellectual underpinnings of the concept of jihad, and link it to
the narratives and historical contexts in which jihad in its
various meanings has been interpreted and applied. It draws a
parallel between Islamic humanitarian tradition and international
humanitarian law, challenging the distorted interpretation of peace
and war in Islam. It aims also at exploring the impact that jihad
has on international law and domestic law through state practice
and in view of the mounting call that law should adapt to the new
reality of transnational terrorism. The mixture of authors from
Muslim as well as Western countries allows for a true dialogue
between cultures and a diversity of views on the issue. This book
is obviously highly recommended reading for academics and
practitioners dealing with Islamic, national and international law
and all those intrigued by and interested in the subject. Professor
M. Cherif Bassiouni is Distinguished Research Professor of Law
Emeritus, and President Emeritus, at the International Human Rights
Law Institute, DePaul University College of Law, Chicago, Illinois.
He has served the United Nations in various capacities, all in the
field of humanitarian law, international criminal law and human
rights law. Amna Guellali is a Senior Researcher at the department
of international humanitarian and criminal law of the T.M.C. Asser
Instituut, The Hague, The Netherlands.
This publication contains a survey of world conflicts that occurred
between 1945 and 2008, the level of victimization they produced,
and the subsequent post-conflict justice (PCJ) mechanisms which
were applied. It shows the scope of the problem faced by
international criminal justice (ICJ), and how the International
Criminal Court (ICC) needs to shape its mission and approach to
address ICJ needs and expectations. ICJ is no longer the utopian
topic of only 40 years ago. After World War II, the Nuremberg and
Tokyo trials were aimed at major offenders in leadership positions.
Their prosecution and punishment, it was assumed, would have far
reaching, deterring, and educational effects. Since 1948, however,
some 310 conflicts have taken place resulting in an estimated 92 to
101 million people killed. In addition, an inestimable number of
persons have been injured or have suffered psychological and
material harm. Yet, for the most, perpetrators have benefited with
impunity and escaped accountability. How can contemporary ICJ
address such a volume of core international crimes which have
generated so much victimization and material harm? Are the
post-World War II assumptions still valid? Can national justice
systems assume the primary task of prosecutions? What will the
mission of the ICC become, and how will it acquit itself of it?
These are issues which are identified within the International
Guidelines on Post-Conflict Justice prepared during this project
(herein referred to as the Chicago Principles). They are a set of
comprehensive guidelines for how governments, international
institutions, and others should respond to serious violations of
human rights, as well as to promote peace and reconciliation in the
aftermath of conflict. They are also an indispensable strategy
within which the ICC can best function. Can it then be assumed that
the ICC is likely to achieve its mission in the years to come? This
two volume set - which contains the proceedings of five regional
conferences in Asia, Africa, the Arab World, Europe, and Central
and South America, as well as a number of thematic studies dealing
with post-conflict justice - should be most instructive to the ICC.
These studies also assess various PCJ experiences as a means of
determining the most appropriate policy responses in the context of
a comprehensive strategy. M. Cherif Bassiouni, in April 2012,
received the Wolfgang Friedmann Memorial Award which is given by
the Columbia Journal of Transnational Law to a distinguished
scholar or practitioner who has made outstanding contributions to
the field of international law.
There is no limit to the number of crimes--including acts of
genocide, war crimes, crimes against humanity, piracy, drug
smuggling, governmental corruption and illegal intelligence
gathering--committed by various national governments. In STATE
CRIME, the volume editors gather together some of the best new
research on state transgressions, in addition to asking senior
scholars to reflect on their past research and bring it up to
date.The first section of the book features a well-rounded set of
cases exemplifying state criminality, including an examination of
the Holocaust through a criminological framework, and a look at the
illegal aggressions committed by the US army in Iraq. The second
section of the book focuses on various methods for controlling
these governmental transgressions, including domestic legal
sanctions and also international enforcers such as the
International Court of Human Rights. Contributors to this section
of the book examine worldwide policies, such as the international
rule against the assassination of regime elites regardless of the
acts of aggression and criminality committed by them. The book taps
into a previously overloked area that is most relevant for
understanding what policies or responses to governmental crime
would be most effective in constraining the worst acts.
Contributors include leading scholars in criminology such as Ray
Michalowski, David Friedrichs, and Peter Iadicola.
This innovative and important book applies classical Sunni Muslim
legal and religious doctrine to contemporary issues surrounding
armed conflict. In doing so it shows that the shari'a and Islamic
law are not only compatible with contemporary international human
rights law and international humanitarian law norms, but are
appropriate for use in Muslim societies. By grounding contemporary
post-conflict processes and procedures in classical Muslim legal
and religious doctrine, it becomes more accessible to Muslim
societies who are looking for appropriate legal mechanisms to deal
with the aftermath of armed conflict. This book uniquely presents a
critique of the violent practices of contemporary Muslims and
Muslim clerics who support these practices. It rebuts Islamophobes
in the West that discredit Islam on the basis of the abhorrent
practices of some Muslims, and hopes to reduce tensions between
Western and Islamic civilizations by enhancing common understanding
of the issues.
M Cherif Bassiouni was a towering figure in international law. He
was personally connected to some of the most historically relevant
moments of the past century: the Suez War; the Camp David Accords;
the fall of Muammar el-Qaddafi in Libya and the establishment of
the International Criminal Court. A true global citizen - raised in
Egypt, educated in Europe and emigrated to the United States - his
life cut across cultures and religions. This fascinating memoir
gives an immediate and personal eye-witness account of the
operation of international events during a tumultuous period.
There is no limit to the number of crimes--including acts of
genocide, war crimes, crimes against humanity, piracy, drug
smuggling, governmental corruption and illegal intelligence
gathering--committed by various national governments. In STATE
CRIME, the volume editors gather together some of the best new
research on state transgressions, in addition to asking senior
scholars to reflect on their past research and bring it up to
date.The first section of the book features a well-rounded set of
cases exemplifying state criminality, including an examination of
the Holocaust through a criminological framework, and a look at the
illegal aggressions committed by the US army in Iraq. The second
section of the book focuses on various methods for controlling
these governmental transgressions, including domestic legal
sanctions and also international enforcers such as the
International Court of Human Rights. Contributors to this section
of the book examine worldwide policies, such as the international
rule against the assassination of regime elites regardless of the
acts of aggression and criminality committed by them. The book taps
into a previously overloked area that is most relevant for
understanding what policies or responses to governmental crime
would be most effective in constraining the worst acts.
Contributors include leading scholars in criminology such as Ray
Michalowski, David Friedrichs, and Peter Iadicola.
This book is about the Egyptian people's 2011 Revolution for
freedom, justice, and human dignity, and its aftermath. The
Revolution succeeded in toppling the authoritarian Mubarak regime
in less than three weeks. It was then co-opted by the Muslim
Brotherhood through Egypt's first free and fair elections in 2012,
which was in turn crushed in 2013 by a popularly supported military
regime whose practices of repression negatively impacted the
justice system and human rights. The problems facing the country
and its people are daunting, particularly economic, demographic,
and social pressures. The contextual analysis of these and other
historic and contemporary issues give the reader a comprehensive
understanding of what has occurred in the last five years and an
insight into where the country is heading. Even though the
Revolution has been suppressed and the promise of democracy shunted
aside, the majority of the Egyptian people continue to hope for the
unachieved dreams of social justice, human dignity, and freedom.
Egypt's geopolitical importance makes it indispensable to the
stability of the Middle East, and thus important to the world.
This book traces the evolution of crimes against humanity (CAH) and
their application from the end of World War I to the present day,
in terms of both historic legal analysis and subject-matter
content. The first part of the book addresses general issues
pertaining to the categorization of CAH in normative
jurisprudential and doctrinal terms. This is followed by an
analysis of the specific contents of CAH, describing its historic
phases going through international criminal tribunals, mixed model
tribunals, and the International Criminal Court. This includes both
a normative and jurisprudential assessment as well as a review of
doctrinal material commenting on all of the above. The book
examines the general parts and defenses of the crime, along with
the history and jurisprudence of both international and national
prosecutions. For the first time, a list of all countries that have
enacted national legislation specifically directed at CAH is
collected, along with all of the national prosecutions that have
occurred under national legislation up to 2010. The book
constitutes a unique and comprehensive treatment of all legal and
historical aspects pertaining to crimes against humanity in a
single definitive volume.
Global Trends: Law, Policy & Justice is a Festschrift for
Professor Giuliana Ziccardi Capaldo which offers a broad and
challenging view of the changing world society and the implications
of globalization for the content and structure of the law, the
development of judicial institutions and the shaping of world
policies. Contributions made by judges of international tribunals,
scholars, and practitioners offers insights into different aspects
of globalization and its implications on changes in the world
system. It examines a variety of current issues relating to
international law, judicial institutions and global policies,
focusing on different aspects of globalization and its implications
on key areas of the world system, with a particular focus on issues
such as, human rights, global justice, global politics global
environment and public goods.
This special edition of The Global Community Yearbook of
International Law and Jurisprudence presents not only a systemic
approach to changes in the world system but gives us the outline of
the future evolution of the role of law, justice and policy in
tomorrow's increasingly globalized society. Global Trends: Law,
Policy & Justice offers the advantage of simultaneously
covering new insights into the meaning and function of the concept
of globalization, combined with a thorough analysis of the
evolutionary trends in key areas of the world system to provide a
unified vision.
Global Trends: Law, Policy & Justice is a special edition of
The Global Community Yearbook of International Law and
Jurisprudence, written in honor of Professor Giuliana Ziccardi
Capaldo.
This book traces the evolution of crimes against humanity (CAH) and
their application from the end of World War I to the present day,
in terms of both historic legal analysis and subject-matter
content. The first part of the book addresses general issues
pertaining to the categorization of CAH in normative
jurisprudential and doctrinal terms. This is followed by an
analysis of the specific contents of CAH, describing its historic
phases going through international criminal tribunals, mixed model
tribunals, and the International Criminal Court. This includes both
a normative and jurisprudential assessment as well as a review of
doctrinal material commenting on all of the above. The book
examines the general parts and defenses of the crime, along with
the history and jurisprudence of both international and national
prosecutions. For the first time, a list of all countries that have
enacted national legislation specifically directed at CAH is
collected, along with all of the national prosecutions that have
occurred under national legislation up to 2010. The book
constitutes a unique and comprehensive treatment of all legal and
historical aspects pertaining to crimes against humanity in a
single definitive volume.
This innovative and important book applies classical Sunni Muslim
legal and religious doctrine to contemporary issues surrounding
armed conflict. In doing so it shows that the shari'a and Islamic
law are not only compatible with contemporary international human
rights law and international humanitarian law norms, but are
appropriate for use in Muslim societies. By grounding contemporary
post-conflict processes and procedures in classical Muslim legal
and religious doctrine, it becomes more accessible to Muslim
societies who are looking for appropriate legal mechanisms to deal
with the aftermath of armed conflict. This book uniquely presents a
critique of the violent practices of contemporary Muslims and
Muslim clerics who support these practices. It rebuts Islamophobes
in the West that discredit Islam on the basis of the abhorrent
practices of some Muslims, and hopes to reduce tensions between
Western and Islamic civilizations by enhancing common understanding
of the issues.
|
You may like...
Aladdin
Robin Williams, Scott Weinger, …
Blu-ray disc
R206
Discovery Miles 2 060
Loot
Nadine Gordimer
Paperback
(2)
R398
R330
Discovery Miles 3 300
|