Conscience of Judges in International Criminal Law

Conscience of Judges in International Criminal Law
Author: Farhad Malekian
Publisher:
Total Pages: 264
Release: 2022
Genre: Law
ISBN: 9781685074692

For the author, a judge is a person with a high ethical and moral capacity who respects their position. When we think of a court, we think about a place where we confront the truth, where every single individual, every judge and prosecutor, every victim and witness, and every accused person, offender, and the condemned, come together to reveal the naked truth. The main objective of criminal proceedings is to uphold a pure juridical system with full ethical conscience in order to protect the rights of all individuals, including members of the general public. Judges of criminal courts are required to be independent in order to pursue the truth and uphold judicial conscience, which is itself an institution based on the professional values of criminal justice. A judge with ample judicial conscience should not be afraid of being attacked or losing their position if they work to uphold and uncover the truth. This implies the independent freedom of judicial justice. If justice is safe, then the safety of the victims and the accused will also be guaranteed. That is why confidence in the professional standards of the ethical requirements of judges of national criminal courts or of the International Criminal Court is heavily contingent upon the judges' honesty, which in turn relates to their practical experiences and ought to be based on the knowledge of the essence of humanity. Professional ethics are particularly vital when evaluating diverse values and the very question of the existence of pluralist systems of national and international criminal justice which deal with core international crimes. The intention of this work is to assess the way in which our administration of national and international criminal justice requires judges to be impartial, pursue the truth, and not be the puppets of ventriloquist politicians.

Shocking the Conscience of Humanity

Shocking the Conscience of Humanity
Author: Margaret M. DeGuzman
Publisher:
Total Pages: 241
Release: 2020
Genre: Law
ISBN: 0198786158

The literature and jurisprudence of international criminal law relies on the claim that international crimes are exceptionally grave. They 'shock the conscience of humanity'. They are 'atrocities'. Yet what makes international crimes especially grave is rarely explained. Addressing the balance, Margaret DeGuzman explains what affect the historical occurrences that led to the heavy reliance on the concept of gravity, including the atrocities of the World War II era, and the crimes of Yugoslavia and Rwanda, had on international law. DeGuzman demonstrates how, in later decades, gravity has been used to obscure controversial value choices. This book looks to build the legitimacy of the international criminal law regime by exposing the value choices that the rhetoric of 'gravity' entails, and poses a new framework for assessing the legitimacy of international criminal law. Instead of solely relying on 'gravity', DeGuzman looks to wider values to ensure the continued legitimacy of international criminal law.

Judges and the Making of International Criminal Law

Judges and the Making of International Criminal Law
Author: Joseph Powderly
Publisher: Leiden Studies on the Frontier
Total Pages: 618
Release: 2020
Genre: Law
ISBN: 9789004359963

In Judges and the Making of International Criminal Law Joseph Powderly explores the role of judicial creativity in the progressive development of international criminal law. This wide-ranging work unpacks the nature and contours of the international criminal judicial function.

Conscience of Judges in International Criminal Law

Conscience of Judges in International Criminal Law
Author: Farhad Malekian
Publisher: Nova Science Publishers
Total Pages: 0
Release: 2022
Genre: Law
ISBN: 9781685072520

"For the author, a judge is a person with high ethical and moral capacity who respects their position. When we think of a court, we think about a place where we confront the truth, where every single individual, every judge and prosecutor, every victim and witness, and every accused person, offender, and the condemned, come together to reveal the naked truth. The main objective of criminal proceedings is to uphold a pure juridical system with full ethical conscience in order to protect the rights of all individuals, including members of the general public. Judges of criminal courts are required to be independent in order to pursue the truth and uphold judicial conscience, which is itself an institution based on the professional values of criminal justice. A judge with ample judicial conscience should not be afraid of being attacked or losing their position if they work to uphold and uncover the truth. This implies the independent freedom of judicial justice. If justice is safe, then the safety of the victims and the accused will also be guaranteed. That is why confidence in the professional standards of the ethical requirements of judges of national criminal courts or of the International Criminal Court is heavily contingent upon their honesty, which in turn relates to their practical experiences and ought to be based on the knowledge of the essence of humanity. Professional ethics are particularly vital when evaluating diverse values and the very question of pluralist systems of national or international criminal justice which deal with core international crimes. The intention of this work is to evaluate the way in which our administration of national and international criminal justice requires judges to be impartial, pursue the truth, and not be the puppets of politicians"--

The Law and Practice of the International Criminal Court

The Law and Practice of the International Criminal Court
Author: Carsten Stahn
Publisher: Oxford University Press, USA
Total Pages: 1441
Release: 2015
Genre: Law
ISBN: 0198705166

The International Criminal Court has significantly grown in importance and impact over the decade of its existence. This book assesses its impact, providing a comprehensive overview of its practice. It shows how the Court has contributed to major developments in international criminal law, and identifies the ways in which it is in need of reform.

The International Criminal Court

The International Criminal Court
Author: Marlies Glasius
Publisher: Routledge
Total Pages: 177
Release: 2006-03-29
Genre: Law
ISBN: 1134315678

A universal criminal court : the emergence of an idea -- The global civil society campaign -- The victory : the independent prosecutor -- The defeat : no universal jurisdiction -- The controversy : gender and forced pregnancy -- The missed chance : banning weapons -- A global civil society achievement : why rejoice?

The Legacy of Nuremberg

The Legacy of Nuremberg
Author: David A. Blumenthal
Publisher: Martinus Nijhoff Publishers
Total Pages: 365
Release: 2008
Genre: Law
ISBN: 9004156917

In this new collection of essays the editors assess the legacy of the Nuremberg Trial asking whether the Trial really did have a civilising influence or if it constituted little more than institutionalised vengeance. Three essays focus particularly on the historical context and involve rich analysis of, for example, the atmospherics of the Trial itself and the attitudes of German society at the time to the conduct of the Trial. The majority of the essays deal with the contemporary legacies of the Nuremberg Trial and attempt to assess the ongoing relevance of the Judgment itself and of the principles encapsulated in it. Some essays consider the importance of the principle of individual criminal responsibility under international law and argue that the international community has to some extent failed to fulfil the promise of Nuremberg in the decades since the Trial. Other essays focus on contemporary application of aspects of the substantive law of Nuremberg - particularly the international crime of aggression, the law of military occupation and the use of the crime of conspiracy as an alternative basis of criminal responsibility. The collection also includes essays analysing the nature and operation of a number of international criminal tribunals since Nuremberg including the permanent International Criminal Court. The final grouping of essays focus on the impact of the Nuremberg Trial on Australia examining, in particular, Australia's post-World War Two war crimes trials of Japanese defendants, Australia's extensive national case law on Article 1(F) of the Refugee Convention and Australia's national implementing legislation for the Rome Statute.

The Politics of International Criminal Law

The Politics of International Criminal Law
Author: Holly Cullen
Publisher: BRILL
Total Pages: 407
Release: 2020-12-15
Genre: Law
ISBN: 9004372490

The Politics of International Criminal Law is an interdisciplinary collection of original research that examines the often noted but understudied political dimensions of International Criminal Law, and the challenges this nascent legal regime faces to its legitimacy in world affairs.

Justice Without Borders

Justice Without Borders
Author: Martin Böse
Publisher: BRILL
Total Pages: 484
Release: 2018-01-16
Genre: Law
ISBN: 9004352066

Justice Without Borders is the theme of this collection of essays that honours Judge Wolfgang Schomburg on the occassion of his 70th birthday on 9 April 2018. The contributions of distinguished authors in the area of international criminal law, European criminal law and international cooperation focus on topics that are important for Wolfgang Schomburg: the pursuit of international criminal justice with respect for the interests of the accused, the facilitation of international cooperation subject to the rule of law, and the principle of fair trial .