2011Unpublished venueOpen access

9. The Discipline Of Islamic International Criminal Law

Farhad Malekian

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Abstract

The system of international law in general and the system of international criminal law in particular were originally developed from the law of war, or to use modern terminology - the law of armed conflicts. The purposes and the functions of international criminal law are therefore elimination, prevention, prohibition, extradition, jurisdiction, prosecution and application of appropriate punishment. Islamic international criminal law is therefore against the principle of retroactivity which has, sometimes, been exercised in the system of international criminal law. The international conventions of criminal law character constitute the first source of international criminal law. One of the chief purposes of the system of international criminal law is to bring the perpetrators of international crimes before an appropriate jurisdiction and apply an acceptable punishment for the commission of activities constituting international crimes.Keywords: armed conflicts; international crimes; Islamic international criminal law

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The system of international law in general and the system of international criminal law in particular were originally developed from the law of war, or to use modern terminology - the law of armed conflicts. The purposes and the functions of international criminal law are therefore elimination, prevention, prohibition, extradition, jurisdiction, prosecution and application of appropriate punishment. Islamic international criminal law is therefore against the principle of retroactivity which has, sometimes, been exercised in the system of international criminal law. The international conventions of criminal law character constitute the first source of international criminal law. One of the chief purposes of the system of international criminal law is to bring the perpetrators of international crimes before an appropriate jurisdiction and apply an acceptable punishment for the commission of activities constituting international crimes.Keywords: armed conflicts; international crimes; Islamic international criminal law

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Available abstract

The system of international law in general and the system of international criminal law in particular were originally developed from the law of war, or to use modern terminology - the law of armed conflicts. The purposes and the functions of international criminal law are therefore elimination, prevention, prohibition, extradition, jurisdiction, prosecution and application of appropriate punishment. Islamic international criminal law is therefore against the principle of retroactivity which has, sometimes, been exercised in the system of international criminal law. The international conventions of criminal law character constitute the first source of international criminal law. One of the chief purposes of the system of international criminal law is to bring the perpetrators of international crimes before an appropriate jurisdiction and apply an acceptable punishment for the commission of activities constituting international crimes.Keywords: armed conflicts; international crimes; Islamic international criminal law

Key concepts: Sharia, Law, Islam, Criminal law, Political science, Criminology, Sociology, Philosophy

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