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Principles of Islamic international criminal law : a comparative search

Malekian, Farhad

Publication Details Click to collapse Cite/Export

  • Creator by Farhad Malekian
  • Format Books
  • Publication 2nd ed. Leiden ; Boston : Brill, 2011.
  • Series
  • Physical Details
    • xxiv, 452 pages ; 25 cm
  • ISBNs 9789004203969, 9004203966
  • OCLC ocn723528594

Summary

  • 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.

Notes

  • Includes bibliographical references (pages 438-447) and index.

Contents

  • The nature of Islamic international law -- Principles of Islamic international law -- Islamic philosophy of law in relation to Islamic international law -- Sources of Islamic public international law -- Islamic international law within municipal law -- International status of state sovereignty -- Subjects of the law -- Human rights law -- The discipline of Islamic international criminal law -- Aggression -- War crimes -- Unlawful use of weapons -- Crimes against humanity -- Slavery -- Genocide -- Apartheid -- Torture -- Crimes against internationally protected persons -- Taking of hostages -- Drug offences -- Trafficking in persons and pornography -- Crimes against natural environments -- Crimes against foodstuffs -- Criminalization of alcohol consumption -- Piracy -- Limitations of hostilities in the conduct of states -- Institution of protections -- Humanitarian protections of prisoners of war -- Islamic criminal jurisdiction within the ICC -- The mechanisms of the trial -- Rights of the accused -- Basis of criminal accountability -- Punishments