Search results for ""author farhad malekian""

This volume is a ground-breaking 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 "human beings" in juxtaposition to the term "animals human" 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 "authorities." 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.

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In this comprehensive work, Malekianintroduces the importance of the nobleprinciple of the population of wisdom,which relates to the far-reaching foundations of the systems of international human rights law and international criminal justice. This principle is not dependent upon the norm of inequality, nor upon the threat of use of force and the killing of millions, nor does it seek to destroy the truth in order to exploit nations. Malekiantrusts that an equitable system of international law based in wisdom can provide a forum for a deeper philosophical understanding of the value of our perception, which struggles to establish quality standards, rather than an exorbitant number of human rights provisions. If international human rights law and international criminal law do not uphold moral values, they cannot make ethically wise decisions or attain long-term legal efficiency. We may successfully increase the significance of legal disciplines such as human rights law, the law of the United Nations, and the moral capacity of the norm of perception through the magnificent power of wisdom. This book discusses original theories addressing serious questions concerning the ethical, normative, and moral values of human essence concerning a variety of issues, in order to decrease violations and increase perceptions of true humanisation. The musings on the distinctive values of this book are presented to those who are not afraid to honour the truth. Read the book with a vigilant heart and scrutinise it with an open-mind.

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The scope of criminal justice has to include the body of equal norms which have to be protected. The basic elements of authoritarianism, universality, complementarity, and pluralism should not be employed by superior powers and enforced within the procedures and values of our criminal charter. A pure criminal jurisdiction ought to have its own independent honour and its own unified diverse values including: righteousness, innocence, virtue, honesty, and the preservation of objectivity in legal judgments. At the same time, the notion of diversity should not create an artificial equality in place of authentic, dynamic protection. It is of no essential significance which criminal justice measures are exercised by a court if the rulings of the court are based on clear evidence, and most importantly, if the court has not granted immunity for major criminals through impunity as a result of corrupt proceedings. It is the independent character of criminal justice which earns it its high level of respect. The existence of pure values is the natural and essential requirement for a court and allows it to be qualified as a body with ethical and moral character. A court should not be run through the threat of force or through monopolisation, but rather with trust. Furthermore, the courts are morally required to resist enmeshing themselves in the authoritarian exploitation of criminal justice. Working towards this goal should be imperative in the mechanism of criminal jurisprudence. This is the most plausible method for decreasing the number of victims of core international crimes and achieving pluralist values of diversity.

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This book evaluates the resting pulse of national and international criminal justice in conjunction with the actual definition of the truth which burdens prosecutors. Prosecutors have several valuable, yet inconspicuous tasks which are significant to criminal procedure. In criminal justice, the conscience of justice is based on the pursuit of the truth by following the evidence. As a rule of genuine judgment, we seek to discuss the principle of truth and its enforcement in the proceedings of criminal justice. The perception of moral law and its imperative function governing the theory of ethical obligations, responsibilities, and duties of the prosecutor in the criminal jurisdiction therefore represent the primary starting point for all of our judgments. Prosecutors should actively ensure that both powerful and powerless criminals are brought to justice. The main objective of the statute of the permanent International Criminal Court (ICC) claims to uphold the high moral precedent which must be set by the Office of the Prosecutor. However, the actual practice of the ICC has instead led to millions of deaths, including those of innocent children, as well as to the destruction of countries whose protection is not considered to be in "the interest of justice". If the ICC wishes to establish justice for victims, then the deterrence of impunity for any criminal should be its priority. The ICC should not become a pawn of the political superpowers or the platform through which prosecutors can misuse classified documents to serve their personal interests. The ultimate nature of justice cannot be comprehensive if impartial validity is not the permanent foundation of the core pillars in all criminal proceedings. This book is recommended to anyone who concerns themselves with legal questions of international criminal justice and its efficacy.

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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.

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