The Criminal Law System of Syria PDF Download

Author: United States. Army. International Affairs Division
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 64

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Author:
Publisher:
ISBN:
Category : Criminal law
Languages : en
Pages : 0

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Author: Beth Van Schaack
Publisher: Oxford University Press, USA
ISBN: 0190055960
Category : Law
Languages : en
Pages : 493

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"The situation in Syria poses an acute-some might say existential-challenge to the international community's commitment to justice and accountability. It also marks the abject failure of the international system of peace and security erected in the post-World War II period. The Security Council has been almost entirely incapacitated by the propensity of Russia to wield its veto against nearly every coercive measure of any consequence, including legal accountability, that might be imposed on the regime of Syrian President Bashar Al-Assad. As a result, other actors, within and outside of the United Nations, have endeavored to find inventive ways around this geopolitical impasse. This forced creativity has generated a number of innovative institutions, legal arguments, and investigative techniques aimed at advancing justice and accountability for Syria, wherever possible. This book catalogues the many obstacles to this pursuit of justice for Syria and analyzes ways today's justice entrepreneurs have worked to find paths around them. The book's subtitle-Water Always Finds Its Way-reflects this idea that the quest for justice is inexorable. Just as water eventually finds its way through cracks and around obstacles, even if at a trickle, so too will justice. Virtually every international crime that forms part of the international penal code-a mélange of customary international law and treaty provisions-has been committed in and around Syria. The Syrian people have witnessed and been subjected to deliberate, indiscriminate, and disproportionate attacks; the misuse of conventional, unconventional, and improvised weapon systems; industrial-grade custodial abuses in a vast network of formal and informal prisons; unrelenting siege warfare; the denial of humanitarian aid and what appears to be the deliberate use of starvation as a weapon of war; sexual violence, including the sexual enslavement of Yezidi women and girls trafficked from Iraq and the sexual torture of detained men and boys; and the intentional destruction of irreplaceable cultural property. Thousands of Syrians are missing, many of them victims of enforced disappearances. Even children are not spared. The long-standing taboo against the use of chemical weapons has been repeatedly flouted in ways that constitute a double violation of IHL: the use of a prohibited weapon to target civilians. And, the sectarian nature of the violence has raised the specter of genocide against ethno-religious minorities. Indeed, then-Secretary of State John Kerry announced in 2016 that ISIL was committing genocide against a number of minority groups in Syria and Iraq. Violence in the region has contributed to the biggest exodus of refugees since World War II"--

Author: United States. Army. Office of the Judge Advocate General. International Affairs Division
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 54

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Author: Ghuna Bdiwi
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Taking the war in Syria as a case study, this dissertation proposes an account of criminal accountability that merits the language that is expressed by calls for criminal accountability, even where physical punishment is not possible. Syria is, of course, a society that is in the midst of ongoing conflict one where almost every party on the battlefield is committing atrocity crimes against civilians. In response, and importantly while the conflict continues, the international community, the United Nations, and the Syrian diaspora have made calls for holding war criminals accountable. But, what are values of these calls if there is a lack of institutional criminal accountability to punish perpetrators. The Syrian government, who is reportedly involved in atrocity crimes against its citizens, controls domestic criminal institutions in Syria. Syria is not a signatory to the Rome Statute of the International Criminal Court, and there seems to be no international will to refer crimes committed during the conflict in Syria to it. This dissertation poses the question: given the significant unlikelihood of institutional criminal punishment, are there justifications for calls for criminal accountability in the midst of the ongoing Syrian war? The philosophy of criminal law provides several justifications as to why criminal justice institutions, in stable societies hold perpetrators to account and punish them. I suggest that calls for criminal accountability are important because they express willingness to punish. Calls are not punishment, but they aim to deliver the same values that punishment delivers. Therefore, the values that calls for criminal accountability express stem from the values of the criminal justice system itself, including those values stemming from fact-finding and trials. This dissertation advocates for calls that aim to create the possibility of punishment. The language that has been expressed by these calls for criminal accountability has value to societies in general, and to victims in particular. The values of calls might not be as important as the values of punishment but calls express willingness to hold criminals accountable. The Syrian case triggers some critical questions for international criminal law and policy. It challenges some established norms and doctrines, showing their inability to find solutions to cases where civilians are suffering heinous crimes, and where neither the law nor the international community has been able to act. This dissertation proposes that, even when there is no possibility of holding perpetrators accountable during ongoing conflicts, there is still value in the messages that such calls for criminal accountability express. It as well argues that using the language of criminal accountability is much stronger than using the language of human rights. Criminal law generates punitive responses as opposed to undefined responses that calls for human right violations generate. In the absence of a criminal justice system that has the ability, willingness, and authority to call perpetrators to account, it is our humanity that justifies such calls.

Author: Julie Fraser
Publisher: Edward Elgar Publishing
ISBN: 1839107308
Category : Law
Languages : en
Pages : 456

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This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court’s legal foundations, functioning and legitimacy, both in theory and in practice.

Author: Hilly Moodrick-Even Khen
Publisher: Cambridge University Press
ISBN: 1108487807
Category : Law
Languages : en
Pages : 337

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A unique collaboration providing an analysis of the conflict in Syria, focusing on the integration between legal and political studies.

Author: Esther van Eijk
Publisher: Bloomsbury Publishing
ISBN: 1786720191
Category : Social Science
Languages : en
Pages : 346

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Book Description
The current Syrian crisis has its roots in the sectarian nature of the country's multi-religious society. Since Ottoman times, the different religious communities have enjoyed the right to regulate and administer their own family relations. Matters of personal status including marriage, divorce, child custody and inheritance continue to be managed by a variety of religious laws and courts operating simultaneously within the legal system of the state. However, this complex system of competing jurisdictions has also affected inter-communal relations and has been used to deepen communal divides. Esther van Eijk discusses socio-legal practices in Syria by focusing on three courts: a shar'iyya, a Catholic court and a Greek-Orthodox court. While the plurality of Syrian family law is clear, she shows how - irrespective of religious affiliation - it is nevertheless characterised by the prevalence of shared cultural or patriarchal views and norms on marital relations, family and gender. Based on extensive fieldwork, Family Law in Syria offers a detailed analysis of a country that has in recent years been inaccessible to researchers.The book is a vital contribution to the growing literature on personal status laws in the Middle East and sheds light on the historical, socio-political and religious complexities and fault-lines that mark contemporary Syria.

Author: Pavel Šturma
Publisher: BRILL
ISBN: 9004387552
Category : Law
Languages : en
Pages : 266

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The Rome Statute of the ICC at its Twentieth Anniversary (Achievements and Perspectives) is an edited book comprising of 13 chapters written by contributors to a conference dedicated to discuss the development, achievements and possible future evolution of the Rome Statute and international criminal law. The authors include academics from various legal systems, practitioners from the ICC and the Special Tribunal for Lebanon, attorneys and other law experts. The International Criminal Court is the first universal international criminal tribunal. Though quite new, as the Rome Statute was adopted 20 years ago (1998) and only 16 years have passed since its entry into force, it has already developed interesting case-law and continues to elaborate on both substantive and procedural international criminal law. Contributors are Ivana Hrdličková, Claus Kreß, Tamás Lattmann, Jan Lhotský, Milan Lipovský, Iryna Marchuk, Josef Mrázek, Anna Richterová, Simon De Smet, Ondřej Svaček, Pavel Šturma, Kateřina Uhlířová, Kristýna Urbanová, Aloka Wanigasuriya.

Author: Radwan Ziadeh
Publisher: Rowman & Littlefield
ISBN: 1498511902
Category : Political Science
Languages : en
Pages : 143

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Gross violations of International Humanitarian Law and International Human Rights Laws have been committed in Syria. After a full cessation of violence, launching transitional justice processes will signal to the victims that those responsible for committing these crimes will be brought to reparation and that the time of impunity is over. This book discusses the available options of justice and how accountability will be achieved through international systems and a new hybrid court system.