Islam And International Criminal Law And Justice

Author by : Tallyn Gray
Languange : en
Publisher by : Torkel Opsahl Academic EPublisher
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Description : This book explores a broad range of issues on Islam and international criminal law and justice. Ten authors shed detailed light on the relationship between Islam, Islamic law and Islamic thought and international criminal law.


Principles Of Islamic International Criminal Law

Author by : Farhad Malekian
Languange : en
Publisher by : BRILL
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Total Read : 90
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Description : The goal of this book is to minimize the misunderstandings and conflicts between International law and Islamic law. The objective is to bring peace into justice and justice into peace for the prevention of violations of human rights law, humanitarian law, international criminal law, and impunity.


Corpus Juris Of Islamic International Criminal Justice

Author by : Farhad Malekian
Languange : en
Publisher by : Cambridge Scholars Publishing
Format Available : PDF, ePub, Mobi
Total Read : 42
Total Download : 399
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Description : This pioneering scholarly oeuvre evaluates the major comparative philosophy of Islamic international criminal justice. It represents an in-depth analysis of the necessities of creating an Islamic international criminal court, its possible jurisdiction, proceedings, judgments, and sanctions. It implies a court functioning under the legal personality of the International Criminal Court, with comparative international criminal lawyers with basic knowledge of Shariah contributing to the prevention of crimes and impunity at an international level. The morality and philosophy of Islamic justice are highly relevant with reference to the atrocities committed explicitly or implicitly under the pretext of Islamic rules by superiors, groups and governments. The volume focuses on substantive criminal law and three methods of the criminal procedure, namely the inquisitorial, adversarial, and adquisitorial. The first two constitute the corpus juris of civil and common law systems. The third term presents a hybrid of the first two methods. The intention is to enhance the scope of each method of the criminal procedure comprehensively. The volume examines their variations and effects on a shared system of international criminal justice. The inherence of comparable norms in the foundation of Islamic and international criminal law affirms their efficiency in the implementation of the essence of the complementarity principle. This book will appeal to readers who are interested in comparative criminal law, international criminal justice, and Shariah criminal law. It is recommended for course literature.


Islam And International Law

Author by : Anonim
Languange : en
Publisher by : Martinus Nijhoff Publishers
Format Available : PDF, ePub, Mobi
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Total Download : 424
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Description : Islam and International Law explores the multi-faceted relationship of Islam and international law. Current debates on Sharia, Islam and the “West” often suffer from prejudice and platitudes. The book seeks to engage such self-centrism by providing a plurality of perspectives, both in terms of interdisciplinary research and geographic backgrounds.


The Shari A And Islamic Criminal Justice In Time Of War And Peace

Author by : M. Cherif Bassiouni
Languange : en
Publisher by : Cambridge University Press
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Description : Shows that the shari'a and Islamic law are compatible with contemporary international human rights laws and norms, and appropriate for use in Muslim societies.


Jurisprudence Of International Criminal Justice

Author by : Farhad Malekian
Languange : en
Publisher by : Cambridge Scholars Pub
Format Available : PDF, ePub, Mobi
Total Read : 86
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Description : Introduction written by Professor Benjamin B Ferencz 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.


Domestic Legal Pluralism And The International Criminal Court

Author by : Justin Su-Wan Yang
Languange : en
Publisher by : Routledge
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Description : This book explores how the unique historical development of Islamic Shari’a criminal law alongside English common law in northern Nigeria has created a hybridised criminal legal system through a pluralist dynamic of mutual accommodation. It studies how this system may potentially be accommodated by the International Criminal Court. The work examines how this could be accommodated through the current understanding and operation of complementarity, and that it could ultimately prove to be preferable in encouraging the Shari’a courts to exercise criminal justice over the radical insurgents in northern Nigeria. These courts would have the unprecedented ability to combine binding adjudicative judgments together with religious interpretation and guidance, which can directly combat the predominantly unchallenged domain of ideology by extremist actors. It is submitted that these pluralist perspectives are timely and welcome, given the undeniably Western European foundations of modern International Criminal Law. In exploring such potential avenues, our shared understanding of modern international criminal justice is widened to necessarily include other stakeholders beyond its Western founders. It is the aim and hope that such interactions and engagements with non-Western traditions and cultures will lead to a greater shared ownership of the international criminal justice project, which will only strengthen the global fight against impunity. The book will be essential reading for academics, researchers and policy-makers working in the areas of International Criminal Law, Legal Pluralism, Islamic Shari’a Law, Nigeria, and religiously-inspired violence.


Quasi State Entities And International Criminal Justice

Author by : Ernst Dijxhoorn
Languange : en
Publisher by : Taylor & Francis
Format Available : PDF, ePub, Mobi
Total Read : 17
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Description : This book explores the intended and unintended impact of international criminal justice on the legitimacy of quasi-state entities (QSEs). In order to do so, the concept of ‘quasi-state entity’ is introduced to distinguish actors in statehood conflicts that aspire to statehood, and fulfil statehood functions to a greater or lesser degree, including the capacity and willingness to deploy armed force, but lack the status of sovereign statehood. This work explores the ability of QSEs to create and maintain legitimacy for their actions, institutions and statehood projects in various constituencies simultaneously. It looks at how legitimacy is a prerequisite for success of QSEs and, using critical legitimacy theory, assesses the legitimating narratives of QSEs and their statehood adversaries. The book links international criminal justice to statehood projects of QSEs and their success and legitimacy. It looks at the effects of international criminal justice on the ability to create and maintain legitimacy of QSEs, an approach that leads to new insights regarding international courts and tribunals as entities competing with states over statehood functions that increasingly have to take the legal implications of their actions into consideration. Most important, a close assessment of the legitimising narratives of QSEs, counter narratives, and the messages sent by international criminal justice with which QSEs have to deal, and their ability to overcome legitimacy crises, provides insight on QSEs and the complex processes of legitimation. This book will be of much interest to students of international criminal justice, political violence, security studies and IR.


Islamic Criminal Law And Procedure

Author by : Matthew Ross Lippman
Languange : en
Publisher by : Praeger Pub Text
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Description : 2. The origins of islamic law


Globalization Of Criminal Justice

Author by : Michael Bohlander
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 90
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Description : Genocide, crimes against humanity, war crimes, ethnic cleansing are terms which in recent years have entered common usage. The worst cases of these crimes seen in the Yugoslav secession conflict and the Rwandan slaughter resulted in attempts by the international legal community to initiate an international mechanism for establishing criminal accountability. In 1998, after many States signed the Rome Statute, it was expected that justice would prevail over state power and impunity be eliminated. However there is a serious question mark over the effectiveness of this process. That is the starting point for this collection. It is not an acclamatory collection that is meant to celebrate the undoubted advances of international criminal justice. The articles in the first part show the importance of comparative criminal law research to the development of international criminal justice, and in the second part they deal with the foundations, substantive and procedural aspects of international criminal law.


National Trials Of International Crimes In Bangladesh

Author by : M. Rafiqul Islam
Languange : en
Publisher by : BRILL
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Description : This book presents an account and interpretation of the major legal issues arising in course of the trial process and their judicial expositions reflected in the judgments and underscores their precedential significance, legacy, and contribution.


Politicizing The International Criminal Court

Author by : Steven C. Roach
Languange : en
Publisher by : Rowman & Littlefield
Format Available : PDF, ePub, Mobi
Total Read : 88
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Description : The establishment of the International Criminal Court (ICC) in July 1998 has attracted growing interest in the evolving role of politics in international law. Steven C. Roach's innovative and systematic work on the political and ethical dimensions of the ICC is the first comprehensive attempt to situate the politics of the ICC both theoretically and practically. Linking the ICC's internal politicization with its formative development, Roach provides a unique understanding of this institution's capacity to play a constructive role in global politics. He argues that an internal form of politicization will allow the ICC to counter outside efforts to politicize it, whether this involves the political agenda of a state hegemon or the geopolitical interests of U. N. Security Council permanent members. Steering a new path between conventional approaches that stress the formal link between legitimacy and legal neutrality, and unconventional approaches that treat legitimacy and politics as inextricable elements of a repressive international legal order, Roach formulates the concept of political legalism, which calls for a self-directed and engaged application of the legal rules and principles of the ICC Statute. Politicizing the International Criminal Court is a must-read for scholars, students, and policymakers interested in the dynamics of this important international institution.


Judgments Of Love In Criminal Justice

Author by : Farhad Malekian
Languange : en
Publisher by : Springer
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Description : 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.


Comparative Criminal Justice Systems

Author by : Shahid M. Shahidullah
Languange : en
Publisher by : Jones & Bartlett Publishers
Format Available : PDF, ePub, Mobi
Total Read : 82
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Description : Written for students of criminal justice, Comparative Criminal Justice Systems: Global and Local Perspectives examines the nature of crime and justice in varying countries and cultures in North America, Europe, Asia, Africa, and Latin America. Using a topical approach, it compares different systems of crime and justice in terms of their differences from, and similarities to, the laws and institutions of modern criminal justice, focusing on the United States as a standard of comparison. By examining different criminal justice systems in terms of their local peculiarities and understanding their change and continuity, readers will gain a well-rounded international perspective of the world's varying systems of criminal justice. Key Features: -Explores the rise of modern criminology and the criminal justice system in the nineteenth century. It is critical for students to understand the history of modern systems to fully comprehend the varying nature of today's main legal systems, focusing on the United States as a standard of comparison. -Employs a topical approach to examine the criminal justice systems in varying countries in Europe, Asia, Africa, and Latin America, including comparative views on law enforcement, judicial systems, corrections, due process of law, and search and seizures. -Includes discussions on comparative processes of criminalization and decriminalization on such issues as domestic violence, child abuse, homosexuality, and sexual harassment. -Discusses new global crimes and their impact on modern and traditional criminal justice systems, including human smuggling, global sex trade, global illegal drug trade, illegal trafficking of conventional military weapons, money laundering, cybercrime, and global terrorism. -Discussion questions ensure that student's grasp the core theoretical concepts.


Comparative And International Criminal Justice Systems

Author by : Obi N. I. Ebbe
Languange : en
Publisher by : CRC Press
Format Available : PDF, ePub, Mobi
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Description : Comparative and International Criminal Justice Systems: Policing, Judiciary, and Corrections, Third Edition examines the history, dynamics, structure, organization, and processes in the criminal justice systems in a number of selected countries. Designed for courses in comparative criminal justice systems, comparative criminology, and international criminal law, it explores systems in the United States, Ireland, Israel, Argentina, Sierra Leone, China, Russia, and Poland. A descriptive and quantitative analysis of criminal justice processes, this text goes beyond a mere analysis of individual systems. Instead, the book compares these criminal justice models with each other and contrasts them with: United Nations conventions World Courts of Justice International Court of Justice International Military Tribunal International Criminal Tribunal International Criminal Court Understanding these comparisons is crucial for a proper grasp of transnational crimes. The book shows how the national criminal justice systems and the United Nations judicial systems complement each other when adjudicating transnational crimes in the international community. It analyzes the nature of crime and criminal law, explores basic theories of crime, and discusses the various sources of international law. It also examines the inherent pitfalls in comparing international crime rates and discusses terrorism and its control. Unique to this edition is a thorough, unbiased study of the Islamic justice system. Each chapter focuses on a select region and includes crime data and arrest, prosecution, and conviction rates where appropriate. This allows readers looking for information on the criminal justice systems of any part of the world to easily find the relevant section. A sound approach to understanding the laws of various nations, and international, criminal, and humanitarian laws, this volume provides sage insight into the sociological explanations of criminal law and crime.


Criminal Law Reform And Transitional Justice

Author by : Lutz Oette
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
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Description : Sudan has been undergoing profound changes characterized by an uncertain transition from conflict to post-conflict society and the separation of the country in the midst of ongoing human rights concerns. This book examines the nature, policy aspects and interrelationship of Sudanese criminal law and law reform in this context, situating developments in the broader debate of international human rights, rule of law and transitional justice. For the first time, Sudanese, national, regional and international experts and practitioners are brought together to share experiences, combining a range of legal and policy perspectives. The book provides valuable lessons on how relevant standards and experiences can be used to inform criminal law reform in Sudan. It also considers what broader lessons can be drawn for reform initiatives in other societies facing similar challenges. This includes the type of violations that need to be addressed in reforms as a prerequisite for enhanced human rights protection, challenges experienced in this regard, and the contribution of civil society in this process.


Cosmopolitan Justice And Its Discontents

Author by : Cecilia Bailliet
Languange : en
Publisher by : Taylor & Francis
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Description : Cosmopolitan Justice and its Discontents pursues a reflection upon the institutional orders designed to ensure respect for the rule of law, human rights, and social justice. The majority of literature on cosmopolitanism tends to be oriented in sociology, political science or philosophy, and is largely positive. This book aims to fill the lacuna with respect to critical and legal perspectives in this field. In particular, it highlights the importance of international economic law and its institutions when evaluating the evolution of cosmopolitan norms. In addition, it provides critical and multidisciplinary perspectives on Cosmopolitan Justice and Sovereignty; Institutions, Civil Society and Accountability; and Social Exclusion, Migration, and Global Markets. This book will be of considerable interest to academics and students concerned with international public and private law, international criminal law, international economic law, human rights, migration, criminology, political science, and philosophy.


Issues In Islamic Law

Author by : MashoodA. Baderin
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
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Description : Islamic substantive law, otherwise called branches of the law (furu al-fiqh), covers the textual provisions and jurisprudential rulings relating to specific transactions under Islamic law. It is to Islamic substantive law that the rules of Islamic legal theory are applied. The relationship between Islamic legal theory and Islamic substantive law is metaphorically described by Islamic jurists as a process of cultivation (istithmar), whereby the qualified jurist (mujtahid), as the cultivator, uses relevant rules of legal theory to harvest the substantive law on specific issues in form of fruits (thamarat) from the sources. The articles in this volume engage critically with selected substantive issues in Islamic law, including family law; law of inheritance; law of financial transactions; criminal law; judicial procedure; and international law (al-siyar). These areas of substantive law have been selected due to their contemporary relevance and application in different parts of the Muslim world today. The volume features an introductory overview of the subject as well as a comprehensive bibliography to aid further research.


An Introduction To Comparative Legal Models Of Criminal Justice

Author by : Cliff Roberson
Languange : en
Publisher by : CRC Press
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Description : While in Plato’s time there may have been some truth to his belief that there can only be "one single justice, and one single law," such is not the case today. Criminal justice systems vary widely across the world in their approaches to the problem of crime. Bringing together the collective wisdom of Cliff Roberson and Dilip K. Das, two world-renowned experts and university professors who have been involved in the criminal justice system for over thirty years, An Introduction to Comparative Legal Models of Criminal Justice presents the theme that a country’s legal model to a great extent determines the character of its police and corrections as well as its legal system. This book examines these different systems and is a useful reference guide for all criminal justice professionals. Examines Various Approaches The book begins with a brief overview of the five legal models. The continental (civil) system, characterized by an inquisitorial nature and practiced in most European countries, is discussed, followed by the common law model, which is known for its adversarial quality and is used in most English-speaking countries. The religion-based Islamic system and the rehabilitation-oriented Marxist system are also profiled. Those systems that are still emerging or are hybrid in nature are characterized as mixed. In some cases, the secretive nature of certain countries’ methods, especially those using extreme punishments, necessitated reliance on reports published by the U.S. State Department. By examining how other societies deal with problems of justice, criminal justice professionals will gain insight as to which police and corrections methods are likely to be the most successful in their jurisdictions, and which will create more problems than they solve.


Cultural Defences At The International Criminal Court

Author by : Noelle Higgins
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 43
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Description : Cultural defences, i.e. claims that certain aspects of a defendant’s cultural background should be taken into consideration by courts when adjudicating on their guilt or innocence, have been raised before domestic courts in a variety of jurisdictions. This has been a very sensitive and controversial issue. However, the issue of cultural defences at international tribunals is one that has not yet been fully explored. The main objective of this book is to analyse if the International Criminal Court can, and should, accommodate cultural defences as answers to legal charges, or if the Court should accommodate cultural considerations in other ways.


Pursuing Justice

Author by : Ralph A. Weisheit
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
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Description : Pursuing Justice, Third Edition, examines the issue of justice by considering the origins of the idea, formal systems of justice, current global issues of justice, and ways in which justice might be achieved by individuals, organizations, and the global community. Part I demonstrates how the idea of justice has emerged over time, starting with religion and philosophy, and then to the concept of social justice. Part II outlines the very different mechanisms used by various nations for achieving state justice, including systems based on common law, civil law, and Islamic law, with a separate discussion of the US justice system. Part III focuses on six contemporary issues of justice: war, immigration, domestic terrorism, genocide, slavery, and the environment. Finally, Part IV shows how individuals and organizations can go about pursuing justice, and describes the rise of global justice. This updated timely book helps students understand the complexities and nuances of a society's pursuit of justice. It provides students with the foundations of global justice systems, integrating Greek philosophies and major religious perspectives into a justice perspective, and contributes to undergraduate understanding of international justice bodies, NGOs, and institutions. New to the third edition is a complete chapter on immigration, with a focus on historical and global patterns as they relate to justice, as well as new material on the #MeToo and Black Lives Matter movements, the genocide of the Rohingya of Myanmar, and the sovereign citizens movement in relation to domestic terrorism.


The Complementarity Regime Of The International Criminal Court

Author by : Ovo Catherine Imoedemhe
Languange : en
Publisher by : Springer
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Description : This book analyses how the complementarity regime of the ICC’s Rome Statute can be implemented in member states, specifically focusing on African states and Nigeria. Complementarity is the principle that outlines the primacy of national courts to prosecute a defendant unless a state is ‘unwilling’ or ‘genuinely unable to act’, assuming the crime is of a ‘sufficient gravity’ for the International Criminal Court (ICC). It is stipulated in the Rome Statute without a clear and comprehensive framework for how states can implement it. The book proposes such a framework and argues that a mutually inclusive interpretation and application of complementarity would increase domestic prosecutions and reduce self-referrals to the ICC. African states need to have an appropriate legal framework in place, implementing legislation and institutional capacity as well as credible judiciaries to investigate and prosecute international crimes. The mutually inclusive interpretation of the principle of complementarity would entail the ICC providing assistance to states in instituting this framework while being available to fill the gaps until such time as these states meet a defined threshold of institutional preparedness sufficient to acquire domestic prosecution. The minimum complementarity threshold includes proscribing the Rome Statute crimes in domestic criminal law and ensuring the institutional preparedness to conduct complementarity-based prosecution of international crimes. Furthermore, it assists the ICC in ensuring consistency in its interpretation of complementarity.


Comparative And International Criminal Justice

Author by : Charles B. Fields
Languange : en
Publisher by : Waveland PressInc
Format Available : PDF, ePub, Mobi
Total Read : 63
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Description : "Geographic and cultural diversity is well represented in this volume. Traditional systems of justice are included, as well as some very nonconventional methods of dispute resolution and punishment. This finely tuned international collection will enhance a reader's appreciation and understanding of widely diverse approaches to law and control in selected cultural systems that differ greatly from familiar Western-based attitudes. Fields and Moore's collection provides readers with valuable twenty-first-century insight into the increasing complexity and interconnectedness of international criminal justice."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved


Islamic Criminal Law Oxford Bibliographies Online Research Guide

Author by : Christie S. Warren
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
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Description : This ebook is a selective guide designed to help scholars and students of Islamic studies find reliable sources of information by directing them to the best available scholarly materials in whatever form or format they appear from books, chapters, and journal articles to online archives, electronic data sets, and blogs. Written by a leading international authority on the subject, the ebook provides bibliographic information supported by direct recommendations about which sources to consult and editorial commentary to make it clear how the cited sources are interrelated related. A reader will discover, for instance, the most reliable introductions and overviews to the topic, and the most important publications on various areas of scholarly interest within this topic. In Islamic studies, as in other disciplines, researchers at all levels are drowning in potentially useful scholarly information, and this guide has been created as a tool for cutting through that material to find the exact source you need. This ebook is a static version of an article from Oxford Bibliographies Online: Islamic Studies, a dynamic, continuously updated, online resource designed to provide authoritative guidance through scholarship and other materials relevant to the study of the Islamic religion and Muslim cultures. Oxford Bibliographies Online covers most subject disciplines within the social science and humanities, for more information visit www.aboutobo.com.


Criminal Law And The Rights Of The Child In Muslim States

Author by : Nisrine Abiad
Languange : en
Publisher by : BIICL
Format Available : PDF, ePub, Mobi
Total Read : 45
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Description : By analyzing legislative and judicial actions in a selection of Muslim and non-Muslim States in relation to the rights of the child in criminal matters, this book identifies the possible harmonization between the obligations of international human rights law (e.g. the UN Convention on the Rights of the Child [UNCRC]) and the criminal justice systems within each State, particularly Islamic law (Sharia).The book features introductory chapters on child offenders in criminal law and Islamic law, and country reports (from rapporteurs) on Afghanistan, Egypt, Lebanon, Iran, Malaysia, Nigeria, Pakistan, Spain, Turkey, the United Arab Emirates, as well as the UK. Among other issues, the book discusses: the definition of 'child' in criminal law * the rights for child offenders under international law (UNCRC, the Beijing Rules, etc.) * the rights of the child under Islamic regional instruments * Islamic law, as it relates to child offenders * the age of criminal liability * the death penalty * the role of the judiciary in criminal cases within Muslim jurisdictions. Theoretical and comparative research methods highlight that the position of Islamic law on the age of criminal liability and the legal rights of child offenders is nuanced, both through the way various ways Islamic criminal law is implemented and the role of the judiciary in expanding the protection of juvenile offenders.


The International Criminal Court And Nigeria

Author by : Muyiwa Adigun
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 17
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Description : If Nigeria fails to prosecute the crimes recognised under the Rome Statute, then the International Criminal Court (ICC) will intervene. The ICC is only expected to complement the criminal justice system in Nigeria and is not a court of first instance, but one of last resort. This is what is known as the principle of complementarity. Before the ICC can step in, it must make a finding of ‘unwillingness’ or ‘inability’ on the part of Nigeria. It is only after this finding is made that the ICC can take over the prosecution of the crimes recognised under the Statute from Nigeria. This book examines the criminal justice process in Nigeria and discovers that the justice system is latent with the requirements of ‘unwillingness’ and ‘inability.’ The requirements, which serve as tests for assessment, are as they are laid down by the Rome Statute and interpreted by the ICC. This book offers recommendations as to what Nigeria must do in order to avoid the ICC intervention by reversing those parameters that give rise to ‘unwillingness’ and ‘inability.’ The International Criminal Court and Nigeria: Implementing the Complementarity Principle of the Rome Statute offers a contribution to the advancement of international law and will be of practical use to African countries. It aims to sensitise policy makers in different African countries in respect of policy options open to them to close impunity gap in their respective countries. This volume addresses the topics with regard to international criminal law and comparative public law and will be of interest to researchers, academics, organizations, and students in the fields of international law, governance, and comparative criminal justice.


General Principles As A Source Of International Law

Author by : Imogen Saunders
Languange : en
Publisher by : Bloomsbury Publishing
Format Available : PDF, ePub, Mobi
Total Read : 59
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Description : This book provides a comprehensive analysis of an often neglected, misunderstood and maligned source of international law. Article 38(1)(c) of the Statute of the International Court of Justice sets out that the Court will apply the 'general principles of law recognized by civilized nations'. This source is variously lauded and criticised: held up as a panacea to all international law woes or denied even normative validity. The contrasting views and treatments of General Principles stem from a lack of a model of the source itself. This book provides that model, offering a new and rigorous understanding of Article 38(1)(c) that will be of immense value to scholars and practitioners of international law alike. At the heart of the book is a new tetrahedral framework of analysis - looking to function, type, methodology and jurisprudential legitimacy. Adopting an historical approach, the book traces the development of the source from 1875 to 2019, encompassing jurisprudence of the Permanent Court of International Justice and the International Court of Justice as well as cases from international criminal tribunals, the International Criminal Court and the World Trade Organisation. The book argues for precision in identifying cases that actually apply General Principles, and builds upon these 'proper use' cases to advance a comprehensive model of General Principles, advocating for a global approach to the methodology of the source.