Terrorist Offenses and Juveniles – a Comparison between Germany and Turkey

2021 ◽  
pp. 1-49
Author(s):  
Yusuf Solmaz Balo ◽  
Felix Butz
Keyword(s):  
Juvenile Delinquency ◽  
Criminal Law ◽  
Legal Systems ◽  
Terrorist Organizations ◽  
Legal Responses ◽  
The Face

Abstract Terrorism criminal law and juvenile criminal law are branches of law that modify default criminal law provisions. In terms of their goals, these approaches mostly oppose each other. While the primary purpose of terrorism law is to meet the security needs of society, juvenile criminal law serves the privileged interests of juveniles and their reintegration to that society. With increasing active recruiting of juveniles by terrorist organizations, the question arises of what legal systems are doing in the face of juvenile terrorist offenses. This paper analyses and compares legal responses to terrorist crimes by juveniles in Germany and Turkey. The authors conclude that in Germany juvenile terrorist offenses are granted the benefits of juvenile criminal law to a higher degree than in Turkey. This has various legal and extra-legal reasons; however, in both legal systems reforms seem necessary to react more adequately to this troubling form of juvenile delinquency.

A Veiled Threat: Belcacemi and Oussar v Belgium

2018 ◽  
Vol 20 (2) ◽  
pp. 190-200
Author(s):  
Jasper Doomen
Keyword(s):  
Criminal Law ◽  
Freedom Of Conscience ◽  
Unequal Treatment ◽  
The Face ◽  
The Individual ◽  
Full Face ◽  
The Right

The freedom of the individual can easily come into conflict with his or her obligation to integrate in society. The case of Belcacemi and Oussar v Belgium provides a good example. It is evident that some restrictions of citizens’ freedoms must be accepted for a state to function and, more basically, persist; as a consequence, it is acceptable that certain demands, incorporated in criminal law, are made of citizens. The issue of the extent to which such restrictions are justified has increasingly become a topic of discussion. The present case raises a number of important questions with respect to the right to wear a full-face veil in public if the societal norm is that the face should be visible, the most salient of which are whether women should be ‘protected’ from unequal treatment against their will and to what extent society may impose values on the individual. I will argue that Belgian law places unwarranted restrictions on citizens and that the values behind it testify to an outlook that is difficult to reconcile with the freedom of conscience and religion.

Covering Blood and Graves

2018 ◽  
pp. 213-237
Author(s):  
Nancy O. Gallman ◽  
Alan Taylor
Keyword(s):  
Common Law ◽  
Civil Law ◽  
Legal Systems ◽  
Spanish Law ◽  
Indigenous Groups ◽  
Spanish Florida ◽  
The Face ◽  
English Law ◽  
Corporate Autonomy

Gallman and Taylor take up murder at the boundary zones between the Iroquois and British settlers and between Spanish Florida and the Lower Creeks and Seminoles. Despite contrasts between the legal systems of the empires—civil law and inquisitorial procedure on the Spanish side, common law and trial by jury on the British side—indigenous groups came to similar conclusions regarding murder. Specifically, Native leaders rejected execution of the guilty, as proposed by English law, or other punishments, from execution to imprisonment to exile, under Spanish law. They opted instead to resolve matters by “covering the grave,” or giving gifts by the culpable party to the aggrieved party in lieu of revenge. This practice was less likely to spark a blood feud and enabled indigenous groups to preserve corporate autonomy in the face of pressures to conform to imperial norms. Though reluctantly, imperial officials often went along with this in order to keep the peace.

Of Law and Other Artificial Normative Systems

2019 ◽  
pp. 137-164 ◽  
Author(s):  
Mitchell N. Berman
Keyword(s):  
Single Domain ◽  
Legal Systems ◽  
Ronald Dworkin ◽  
Philosophical Literature ◽  
Normative Systems ◽  
The Face

How should the normative landscape and law’s place within it be conceptualized? On the face of things, people navigate a multiplicity of independent artificial normative systems—legal systems, sports, games, etiquette, fashion, families, and so forth—that are of their own making and that deliver and maintain rules and oughts that are only ‘formally’ normative and may conflict. In recent years, however, several prominent legal philosophers, Ronald Dworkin most notably, have advocated some version of a ‘one-system picture’ according to which appearances deceive, and we inhabit just a single domain of ‘real’, ‘genuine’, or ‘robust’ normativity. This chapter presents an alternative picture that aims to vindicate, rather than to refute, outward appearances—an alternative picture that, it is claimed, reflects background assumptions that legal positivists widely share but that is oddly marginalized, nearly invisible, in the current legal philosophical literature. It has three main ambitions: to surface and sharpen the central features of this ‘standard positivist picture’, to make sense of H. L. A. Hart’s own complex and shifting relationship to that picture, and to isolate and critically evaluate arguments advanced by one-system theorists that purport to show that such a picture is circular or eliminable. The chapter concludes by suggesting possible lessons that legal philosophers might learn by paying more systematic attention to the broader universe of artificial normative systems in which law is situated.

The European Integrated Criminal Justice System and its Constitutional Framework

2005 ◽  
Vol 12 (2) ◽  
pp. 125-147 ◽  
Author(s):  
Joachim Vogel
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
European Integration ◽  
Criminal Law ◽  
Justice System ◽  
Legal Systems ◽  
Member States ◽  
Criminal Justice Systems ◽  
Financial Interests ◽  
Justice Systems

This article discusses the concept of the integrated European criminal justice system and its constitutional framework (as it stands now and as laid down in the Treaty Establishing a Constitution for Europe signed in Rome on 29 October 2004). It argues that European integration does not stop short of criminal justice. Integration does not mean that Member States and their legal systems, including their criminal justice systems, are being abolished or centralised or unified. Rather, they are being integrated through co-operation, co-ordination and harmonisation; centralisation, respectively unification, is a means of integration only in specific sectors such as the protection of the European Communities' financial interests. The article further argues that the integrated European criminal justice system is in need of a constitutional framework. The present framework suffers from major deficiencies. However, the Treaty establishing a Constitution for Europe will introduce a far better, all in all satisfactory, ‘criminal law constitution’.

scholarly journals Terrorism as war by other means: national security and state support for terrorism

2011 ◽  
Vol 54 (1) ◽  
pp. 125-141 ◽  
Author(s):  
Faruk Ekmekci
Keyword(s):  
International Relations ◽  
National Security ◽  
Conventional Approach ◽  
State Support ◽  
Terrorist Organizations ◽  
Nation States ◽  
The Face ◽  
State Actors

The conventional approach in the discipline of International Relations is to treat terrorist organizations as "non-state" actors of international relations. However, this approach is problematic due to the fact that most terrorist organizations are backed or exploited by some states. In this article, I take issue with the non-stateness of terrorist organizations and seek to answer the question of why so many states, at times, support terrorist organizations. I argue that in the face of rising threats to national security in an age of devastating wars, modern nation states tend to provide support to foreign terrorist organizations that work against their present and imminent enemies. I elaborate on my argument studying three cases of state support for terrorism: Iranian support for Hamas, Syrian support for the PKK, and American support for the MEK. The analyses suggest that, for many states, terror is nothing but war by other means.

Double Criminality in Extradition Law

1993 ◽  
Vol 27 (1-2) ◽  
pp. 288-296 ◽  
Author(s):  
Lech Gardocki
Keyword(s):  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
International Criminal Law ◽  
Common Denominator ◽  
Legal Systems ◽  
Criminal Proceedings ◽  
The Common

1. The principle of double criminality is traditionally bound with institutions of international criminal law. Double criminality is a requirement not only with extradition, but also with the transfer of criminal proceedings and with execution of foreign sentences. International criminal law employs a range of “double conditions”, the common denominator of which is the requirement that two legal systems share a certain set of values or legal prescriptions. In addition to double criminality, international law uses such terms as “double punishability”, the “double possibility of criminal proceedings” and the “double possibility of the execution of penal judgment”. Among these concepts, double criminality is the most important and universal condition applied in the basic institutions of international criminal law, such as extradition, the transfer of proceedings, and the execution of foreign penal judgments.

Some Aspects of the Sudan Law of Homicide

1974 ◽  
Vol 18 (1) ◽  
pp. 92-103
Author(s):  
Amin M. Medani
Keyword(s):  
19Th Century ◽  
Criminal Law ◽  
Penal Code ◽  
Present Writer ◽  
Legal Systems ◽  
Time And Space ◽  
The Law ◽  
Indian Penal Code ◽  
Changing Society

The Sudan Penal Code (henceforth abbreviated as S.P.C.) was, with minor modifications, copied in 1899 from the Indian Penal Code (henceforth abbreviated as I.P.C.), which in its turn was to some extent based on 19th-century English criminal law. Since its enactment, the S.P.C. has been revised and re-enacted once in 1925, but no significant changes were then effected. Law makers in the Sudan are at present engaged in the revision and reformulation of the laws of the country in an attempt to bring them into line with the modern needs of a changing society. It is the feeling of the present writer that the field of criminal law warrants the least intervention or modification because the S.P.C has, in its 75 years of existence, been largely satisfactorily interpreted and applied, resulting in what could legitimately be called the criminal law of the Sudan. This, however, is by no means tantamount to saying that the Code is satisfactory in all aspects and that there is no room for improvement. At any rate, it is not intended to discuss in this article what possible changes should be brought about in the Code as a whole, a task which would evidently need much more time and space. It is merely hoped to discuss critically some aspects of the law of homicide as laid down in the Code (and applied by the courts). In so doing it is hoped to show that in some respects the Sudanese law of homicide calls for modification of some of the provisions, while other provisions of the Code are so satisfactory that they may contribute to the resolution of problems faced by other legal systems.

A Cosmopolitan Liberal Account of International Criminal Law

2013 ◽  
Vol 26 (1) ◽  
pp. 127-153 ◽  
Author(s):  
DARRYL ROBINSON
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
International Criminal Law ◽  
Legal Systems ◽  
The Individual ◽  
New Framework

AbstractIn this article, I argue that two prominent frameworks for evaluating and developing international criminal law (ICL) can be reconciled into a new framework that absorbs the best insights of its predecessors. We cannot simply transplant fundamental principles from national legal systems, because they may be inapposite in the unusual contexts faced by ICL. However, this novelty does not mean that we are free to simply abandon culpability, legality, and our basic underlying commitment to the individual. Instead we must explore what that deontic commitment might entail in these new contexts. My primary aim is to show the possibility of bridging the apparent normative impasse. I also briefly sketch out the proposed framework, and suggest that it can generate new questions for current controversies in ICL. As an interesting by-product, the examination of ‘abnormal’ criminal law can raise new questions for general criminal-law theory, by exposing subtleties and parameters that we might not have noticed in a study of ‘normal’ contexts.

Social Expectations in the Criminal Law: The "Reasonable Person" in a Comparative Perspective

2008 ◽  
Vol 11 (1) ◽  
pp. 1-32 ◽  
Author(s):  
Tatjana Höörnle
Keyword(s):  
Criminal Law ◽  
Personal Responsibility ◽  
Comparative Perspective ◽  
Social Expectations ◽  
Legal Systems ◽  
Reasonable Person ◽  
The Individual

The "reasonable person" plays an important role in English and American criminal law, but not in German criminal law. The comparative view yields a number of differences (for example, with respect to negligent crimes, errors about justifying circumstances, and excuses like duress). Besides analyzing such differences, the article examines the legitimate role of social expectations in criminal law (which stand behind references to the "reasonable person") beyond the details of different legal systems. It concludes that one must distinguish judgments about wrongdoing from judgments about personal responsibility. The former are shaped by social expectations, while personal responsibility needs to be evaluated with a view to the individual offender.

scholarly journals Criminal protection of children's life and health: international experience

2021 ◽  
Vol 39 (71) ◽  
pp. 350-365
Author(s):  
Viktoria Babanina ◽  
Vita Ivashchenko ◽  
Oleg Grudzur ◽  
Yurikov Oleksandr
Keyword(s):  
Criminal Law ◽  
Fetal Development ◽  
Criminal Liability ◽  
International Experience ◽  
Legal Systems ◽  
European Experience ◽  
The World ◽  
Rights And Interests ◽  
Criminal Protection ◽  
The Right

Through a documentary methodology, the article examines the characteristics of the criminal protection of the life and health of children in Ukraine and some other countries. The problem of determining the time of the beginning of the protection of a child's life and health, is analyzed in the light of the European experience. It is noted that in Ukraine it is necessary to recognize the right to live of the child at any stage of fetal development, to ensure the criminal protection of the child before birth. This approach is enshrined in several international legal acts, as well as confirmed by legal guarantees in the legal systems of many countries around the world. In addition, the article analyzes criminal law measures to guarantee the rights and interests of the child under modern Ukrainian law. The list of socially dangerous acts against minors is a result, so reinforced criminal liability is provided for considering the interests of minors. It has been concluded that in all post-Soviet countries the components of crimes against a person's health, considering the legislator's reaction to causing harm to the health of children during their commission, are clearly divided into three separate groups.

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