Approximation of the Criminal Law System of the Federation of Bosnia and Herzegovina to the International Human Rights Law -- A Separate Survey of the Criminal Procedure Code of the Federation of Bosnia and Herzegovina

1999 ◽  
Vol 7 (3) ◽  
pp. 289-299
Author(s):  
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AbstractNo Abstract

2019 ◽  
Vol 4 (1) ◽  
pp. 67-74
Author(s):  
MOHD HISHAM MOHD KAMAL

 This paper discusses the implementation of Islamic Criminal Law in Malaysia from the human rights perspectives. It looks at Syariah Criminal Offences Enactments and Syariah Criminal Procedure Enactments of States forming the Federation, and deals with the issues of the victimless Syariah offences of khalwat, fornication and drinking intoxicants, determining whether such criminalization is compatible with human rights. Discussion also deals with the issues of sanction and procedures, in finding out the extent to which Malaysia is complying with its International Human Rights Law obligations, if there is any. This paper finds that the Syariah statutory provisions are compatible with the human rights concept. In some extends, Syariah law can explore law uncertainty, because referring to God’s law not nature law. Most of human rights concept have come from the philosophy of nature law. Thus, the approach of nature law will always change depending of time period. However, Syariah law need to improve the training of religious enforcement officers on how to carry out their duties.


2021 ◽  
Vol 29 (1) ◽  
pp. 77-102
Author(s):  
Hind Sebar ◽  
Shahrul Mizan Ismail

Flogging is one of the most widely-used corporal punishments in Islamic penology. Most countries that practice Islamic criminal law use flogging to punish a variety of crimes and offenses. Saudi Arabia is one of the countries that use flogging to punish various crimes and has faced immense backlash from the international community for gross violation of human rights. The goal of this article is to investigate the implementation of flogging as a punishment in Saudi Arabia. Moreover, it also examines how international human rights law has contributed to limiting flogging as a form of criminal punishment. This study has critically analysed several human rights documents in order to understand how flogging is viewed under international human rights law if compared to the position under the Shari‘ah. Focus on the implementation of flogging in Saudi Arabia is made in particular. In addition, it is found that the application of flogging in Saudi Arabia is overused and is uncodified. Hence, the article signifies the necessity of codifying Islamic law to ensure fair legal procedures. Interestingly, a recent announcement that abolishes flogging as a common form of punishment, indicates the willingness of the kingdom to implement judicial reforms, thereby creating a ray of hope in the form of amendment of laws.


AJIL Unbound ◽  
2015 ◽  
Vol 109 ◽  
pp. 342-347
Author(s):  
Melanie Randall ◽  
Vasanthi Venkatesh

Ending the marital rape exemption in criminal law is a demand for legal equality and autonomy for women, rights that are enshrined in international human rights law. Drawing on international human rights law as a source of authority for challenging the marital rape exception in criminal law allows feminist and other social justice organizations, within their specific national and local contexts, to seek greater state action and accountability toward ending this form of violence against women and this violation of women’s human rights. In this reply, we challenge the arguments in the symposium that oppose or caution against criminalizing sexual violence in intimate relationships as a necessary legal strategy, and that refute our view that ending the marital rape exemption is required by international human rights law.


2019 ◽  
Vol 37 (1) ◽  
pp. 85-100
Author(s):  
Agnes Callamard

This lecture explores the place of justice, accountability and remedies in the global agenda against terror, illustrated by a case study on Iraq and the Islamic State in Iraq and the Levant (ISIL.) The two international regimes traditionally applicable to the acts of armed groups, including “terrorist groups”, are international criminal law and international humanitarian law. The lecture argues that they carry each strong limitations, such as those related to the ‘‘armed conflict’’ nexus requirement. This lecture shows that a third regime, international counter-terrorism, has developed over the last two decades and become the de facto legal regime for armed non-State actors. This regime has displaced and weakened international humanitarian and criminal law while further eroding victims’ protection and accountability. The lecture further suggests that all three legal frameworks fail to capture the nature of control exercised by armed groups such as ISIL, and the extent of their functions, including those amounting to governance. The lecture argues that such functions can best be apprehended through international human rights law (IHRL). Tracing armed groups’ human rights obligations and legal personality to treaty and customary law, the lecture concludes with proposals to hold armed groups accountable under IHRL as well as possible approaches to strengthen accountability for crimes committed by ISIL.


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