Research Catalog

Title

The monopolization of international criminal law in the United Nations : a jurisprudential approach / Farhad Malekian.

Author

Malekian, Farhad

Publication

Stockholm, Sweden : Almqvist & Wiksell International, c1993.

Items in the Library & Off-site

Holdings

Details

Description

ix, 226 p.; 25 cm.

Summary

"International criminal law consists of conventional and customary principles and rules which are applicable to individuals, organizations and states. The function and task of international criminal law is to be above its subjects and to attribute internationally criminal wrongful conduct to the perpetrators of international crimes and to attain conductive, prosecutive and punitive results for the accurate implementation of the provisions of international criminal law. These purposes of international criminal law are however monopolized under the legal and political power of the United Nations by the permanent members of the Security Council and the Organization has unfortunately become the political tool of those members. This is because the system of international criminal law has no international enforcement organ. Even though we may assume that an international criminal court will be established, it is still the Security Council which has the power to enforce measures for the restoration of international peace and security due to its legal power in the Organization. Thus, the practical enforcement machinery of international criminal law, in the case of prevention or deterrence of international crimes, still remains the monopoly of strong states. This is the reality of the situation as long as the Charter is not basically modified." "This book presents those jurisprudential arguments and factors which have been censored or prevented from publication through the influence of certain individuals and/or entities. The subject of the book is therefore timely and of prominent importance in examining the framework of contemporary international criminal law."--BOOK JACKET.

Subject

• United Nations
• International crimes
• Criminal jurisdiction
• Criminal liability (International law)

Bibliography (note)

• Includes bibliographical references (p. [206]-221) and index.

Processing Action (note)

• committed to retain

Contents

1. Preliminaries -- 2. Basic Legal Validity of the Charter -- 3. Legal Characterization of International Peace -- 4. Characterization of Veto -- 5. Philosophy of International Criminal Law -- 6. Nature of International Criminal Law -- 7. Legal Characterization of Criminal Sanctions -- 8. What Constitutes an International Crime -- 9. Criminal Aspects of the Charter -- 10. Monopolization of International Criminal Law -- 11. Monopolization of International Crimes -- 12. Monopolization of Individual Criminality -- 13. Monopolization of International Criminal Resolutions -- 14. Judicial Power of the Security Council -- 15. Monopolization of Individual and Collective Self-Defence -- 16. Monopolization of Sanctions for International Peace -- 17. Monopolization of the General Assembly -- 18. Monopolization of Pacific Settlement of Disputes -- 19. Monopolization of Certain Regional Measures -- 20. Conflicts With Human Rights -- 21. International Criminal Law in the Practice of the United Nations -- 22. Transnational Criminal Behaviour -- 23. Monopolization of Nuclear Weapons -- 24. Jurisprudence of Peace -- 25. Power of Criminalization of a Given International Conduct -- 26. Contradictions in the Handling of Legal Disputes -- 27. Conclusions.

ISBN

9163020246

OCLC

30458290

Owning Institutions

Harvard Library