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.

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.

This book explores, from various perspectives, Kant’s codex of the categorical imperative and the supreme principle of morality in juxtaposition with the monopolisation of the rules of international criminal law. Kant’s reference to the term ‘propensity to evil in human nature’ is a much more serious iniquity universally in the nature of the Security Council than the concepts of a mens rea and actus reus in criminal law. His decisive warning foreshadows that the inclinations towards self-interest, self-love, and intent in collective mens rea within the resolutions of the Security Council prevent states from striving towards the supreme maxim of a genuine international moral worth. The idea of international criminal law is, thus, viewed as a ‘mirage’. Essentially, certain rules of the United Nations Charter, the system of international criminal justice, human rights law, and humanitarian law, like a fata morgana, are crucial if unattainable. The permanent members of the Security Council are deceiving the world by propagating a variety of excuses with the core objective of economic gain. This book will be of interest to anyone enthusiastic about positive law, the nature of criminal justice, classical moral philosophy, politics, and economics.

This book begins with the belief that, if a moral principle cannot be identified in the language of the law, if law is not underpinned by a moral understanding of the norm, if the moral accusation is not attached to the violations of certain indispensable norms of the law, then we are violating the peremptory character of the universality of the moral law. The book vicariously objects to any dispute for the advantage of the impunity of those who have cruelly contravened the corpus juris of international peremptory criminal law. What justifies the law in recognizing certain principles as peremptory derives from the highest genetic merit for the international human community as a whole. Here, the term ‘peremptory’, for classical morality, is seen to encompass love for the spirit of truth, for the strength of equality of arms and for the reaffirmation of the value of the essence of man where its infringements violate the indispensable universal rights of nature. This is regardless of whether its perpetrators are Western or non-Western.

The Julian Assange case reminds us of the well-known Scandinavian narrative, Keiserens Nye klæder (The Emperor’s New Clothes). Once upon a time, two tailors weaved new clothes for an emperor. They claimed they used a magic fabric that apparently less talented people could not see. In reality, they wove nothing; they had no loom at all. However, they pretended with gestures of the hand that the loom was active. No one wanted to be the less gifted person, so everyone lied and confirmed the clothes were progressing. The emperor finally put on the magic clothes and marched naked around the capital city with the members of his entourage holding the magic train. Unexpectedly, a guiltless little child, shouted out with a confident voice “Men han har jo ikke noget paa” (“But he doesn’t have anything on!”). The emperor knew the child was right, but decided he must bear it until the procession was over. Human rights or international criminal justice is not simply hocus-pocus, but it seems to be so in the case of Assange, who has enlightened the world population about the hidden criminal political laundering of the big, powerful states. This book explores the propensity towards evil in the nature of collective entities based on political and economic gains against the international community as a whole. It underlines that immoral criminal political laundering is the basic reason for money laundries throughout the globe.

This book analyses the relationship between law and violence, the utility of law over violence and whether legality as an approach has an inherent disability in addressing mass violence as a crime. The study is located within international law and assesses whether prosecuting political violence would necessarily entail an abuse of the legal process. The intention is to encourage definition of criminal aggression via legal processes laid down by the International Criminal Court, rather than giving favour to political action under the United Nations Charter. Issues discussed in the book include the controversies over the location of the crime of aggression in either law or politics, taking a legal approach to the problems outlined. Using examples from Libya, the Ivory Coast, and Kenya, the work will be of interest to those working in the areas of international criminal justice, international law, legal theory, and international relations.

"As the world becomes increasingly globalized, a shared understanding of the various aspects of criminal justice becomes imperative. Drawing from countries across Africa, Asia and the Pacific, Europe, the Middle East, and the Western Hemisphere, this book is a go-to reference in comparative criminal justice studies"--

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.

This volume deals with the tension between unity and diversification which has gained a central place in the debate under the label of ‘fragmentation’. It explores the meaning, articulation and risks of this phenomenon in a specific area: International Criminal Justice. It brings together established and fresh voices who analyse different sites and contestations of this concept, as well as its context and specific manifestations in the interpretation and application of International Criminal Law. The volume thereby connects discourse on ‘fragmentation’ with broader inquiry on the merits and discontents of legal pluralism in ‘Public International Law’.