Crimes against International Peace and Security, Acts of Terrorism and Other Serious Crimes: A Theory on Distinction and Overlap

2007 ◽  
Vol 7 (2-3) ◽  
pp. 187-276 ◽  
Author(s):  
Kaiyan Homi Kaikobad
Keyword(s):  
International Law ◽  
Essential Elements ◽  
Crimes Against Humanity ◽  
Clear Understanding ◽  
International Peace ◽  
Legal Principles ◽  
Peace And Security ◽  
The Difference ◽  
The One ◽  
Distinguishing Features

AbstractThis study attempts to provide guidance in understanding the difference between acts of terrorism on the one hand and war crimes and crimes against humanity, on the other, the latter two collectively referred to as crimes against international peace and security. A clear understanding of the distinction between these two broad categories is important. Not only is there is a need for forensic clarity in doctrinal thought, the fact is that different categories of crimes entail the application of two different sets of laws and precepts, namely domestic criminal systems and international law. The existence, nature, scope and extent of the culpability of the accused will be determined by applying the correct set of legal principles and rules. While it focuses on the major distinguishing features of these two categories of crimes, this study also highlights areas of overlap which cannot be ignored. Analytical conclusions are presented by setting out a number of paradigms with examples. Each paradigm consists of eight essential elements, and the presence or absence of these elements in different combinations in each paradigm can be used to determine not only the legal category of the impugned act but also the existence or otherwise of the culpability of the accused in law.

scholarly journals The Role of International Law and Observance of Its Regulations on Countries Economic Development

2016 ◽  
Vol 9 (7) ◽  
pp. 85
Author(s):  
Bahman Akbari
Keyword(s):  
Economic Development ◽  
International Law ◽  
International Peace ◽  
Factors Affecting ◽  
International Scope ◽  
Peace And Security ◽  
Multiple Characteristics ◽  
The One ◽  
The Relationship

<p>The significance of poverty consequences in contemporary social system and the role of economic development in consolidating the basis of international peace and security led to conduct a research on factors affecting the establishment of development. The question - on the one hand–is that: what's the role of International law in economic development and -on the other hand- what's the relationship between observance of regulations of international law by governments and their economic development? Based on the theory of the formation of international law mechanisms derived from it must reflect Humanity's collective demands and in concrete manifestation must found norms that ensure and deepen human rights in the International scope. However, since the governments are considered the first and the most important subject of international law, the achievements obtained by international law cannot be apart from the governments actions, so that national sovereignties normativism and observance of regulations of international law- in line with multiple characteristics necessary for achieving economic development- are pivotal factors in the economic development.</p>

The Dynamics of International Law in a Globalised World

2016 ◽  
Author(s):  
Matthias Herdegen
Keyword(s):  
Human Rights ◽  
International Law ◽  
Good Governance ◽  
Driving Forces ◽  
International Agreements ◽  
Democratic Legitimacy ◽  
International Peace ◽  
Economic Stability ◽  
Peace And Security ◽  
Global Spread

In the process of globalisation, international law plays a crucial and ambivalent role. It is one of the driving forces behind the integration of markets, expanding standards of human rights and good governance as well as mechanisms for international peace and security. International law also responds to a globalised world which catalyses not only universal ethics, but also the global spread of risks to political and economic stability. "Evolutive interpretation" of international agreements affects traditional concepts of sovereignty and democratic legitimacy. It enhances the power of technocratic elites. At the same time, we witness an intensive interplay between the different sectors of international law; new layers of 'hard' and 'soft' normativity as well as intriguing forms of legal pluralism.

scholarly journals ONE OF THE IMPORTANT ROLES OF INTERNATIONAL JUDICIAL ACT IN THE PROCESS OF MAINTAINING INTERNATIONAL PEACE AND SECURITY

2014 ◽  
Vol 8 (4) ◽  
pp. 7-12
Author(s):  
Barbu Denisa
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Peace ◽  
International Protection ◽  
Public International Law ◽  
Fundamental Freedoms ◽  
Peace And Security ◽  
Protection Of Human Rights

Through the functions it performs, the judicial act has an important role in the maintenance of international peace and security, the prevention and repression of crime, as well as of the international protection of human rights and fundamental freedoms. Even the duties of public international law coincide with these goals.

Peaceful Purposes for the Benefit of All Mankind

2020 ◽  
pp. 109-122
Author(s):  
P.J. Blount
Keyword(s):  
International Law ◽  
Outer Space ◽  
International Peace ◽  
International Space ◽  
Legal Obligations ◽  
Ethical Content ◽  
Space Law ◽  
Peace And Security ◽  
Outer Space Treaty ◽  
Geopolitical Context

This chapter argues that the Outer Space Treaty contains, in addition to its legal content, ethical content. The chapter then analyzes the text of the treaty to reveal this ethical content and connect it to the twin goals of the peaceful uses of outer space (found in international space law) and the maintenance of international peace and security (found in general international law). The analysis contends that, while the ethical content of the Outer Space Treaty does not create hard legal obligations, it does inform the nature of the legal content of the norms set out by the treaty. Finally, this chapter will also evaluate how the ethics deployed by the treaty have fared in the contemporary geopolitical context.

Adoption of 1325 Resolution

2018 ◽  
pp. 25-37
Author(s):  
Christine Chinkin
Keyword(s):  
National Security ◽  
International Law ◽  
Security Council ◽  
Terrorist Attacks ◽  
International Peace ◽  
Real Possibility ◽  
Policy Initiatives ◽  
Un Security Council ◽  
Peace And Security ◽  
Oriented Approach

UN Security Council Resolution 1325 was not adopted in a vacuum, but rather can be read with a number of other programs within the Security Council (SC) and UN architecture. These include other thematic resolutions, as well as broader policy initiatives. Taken together, these diverse strands sought to shift the understanding of the SC’s role in the maintenance of international peace and security, away from a classic state-oriented approach to one that places people at its center. The adoption of Resolution 1325, along with these other developments, had implications for the making of international law (the place of civil society and experts within the international legal and institutional framework), for rethinking participation, and the meaning of security/protection. This chapter suggests that 2000 was a pivotal moment when a more human-oriented international law seemed a real possibility and before the turn back toward militarism and national security in the wake of the terrorist attacks of September 11, 2001.

Part III Epilogue and Reflections, 8 Conclusions and the Way Forward

2018 ◽  
Author(s):  
Kittichaisaree Kriangsak
Keyword(s):  
International Law ◽  
Transitional Justice ◽  
International Criminal ◽  
War Crimes ◽  
Criminal Court ◽  
Crimes Against Humanity ◽  
Legal Assistance ◽  
Future Prospects ◽  
International Peace ◽  
Draft Convention

The chapter describes international efforts to close the gaps in existing treaties on the obligation to extradite or prosecute. These include: (i) the joint initiative for the adoption of a new international instrument on mutual legal assistance and extradition for the effective investigation and prosecution of the most serious crimes of international concern, in particular, the crimes of genocide, crimes against humanity, and war crimes, by domestic jurisdictions; and (ii) the International Law Commission's work on a draft convention on Crimes against Humanity. The chapter also explores the issue of capacity building for the national judiciary and a regional judicial mechanism to help alleviate the burden of the International Criminal Court; national peace/reconciliation, international peace/stability, and other considerations against the implementation of the obligation to extradite or prosecute; the operation of transitional justice as an alternative to prosecution; and the implications of the atrocities in Syria for the future prospects of this obligation in the context of international criminal justice.

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