"Malekian introduces two new terms into the system of international criminal law. These are the law of somebodiness and the law of nobodiness. From the lowest to highest level of the provisions of international human rights law, international criminal law, and the Statute of the Permanent International Criminal Court, the philosophical assumption throughout is to preserve the heritage of the body of the law of somebodiness and prevent the imposition of the law of nobodiness. Individuals and groups, regardless of their ethnic composition, possess a certain universal united essence which should not be disregarded, and which should not put them in the position of nobodiness in the legislation of any state. Therefore, the law of somebodiness is the missing ingredient in our legal system, and its existence contributes to the collective good of humanity. The law contests any law which authorises the use of force, the production of weapons for war, or which grants permission to kill under any circumstance. In contrast, the law of nobodiness is a brutal law which violates the rights of human beings, and which may be used to conceal crimes and contribute to the deaths of millions of individuals by presenting the false truth in order to allow the monopolisation ofeconomic resources, the rights of victims, property, and land. The unique and innovative principles of this book establish the right reason for justice in international legal and political disciplines"--
Author(s): Farhad Malekian
Series: Criminal Justice, Law Enforcement and Corrections
Publisher: Nova Science Publishers
Year: 2020
Language: English
Pages: 399
City: New York
Contents
Preface
Acknowledgment
Chapter 1
The Statutes of the Law of Somebodiness Criminalising the Law of Nobodiness
1. Absolute Legacy of Somebodiness
2. Positivist Contradiction with the Law of Somebodiness
3. Achieving the Basis of the Law
4. Criminal Violation of Embodiment
5. Hidden Bullet of the Law of Nobodiness
6. Prerequisites for the Law of Somebodiness
7. Elucidating the Virtue of Somebodiness
8. Crossing One Definition with Another
9. Nobodiness as a State Crime
Chapter 2
The of Law of Somebodiness in International Criminal Law
1. United Heritage of the Law of Somebodiness
2. The Philosophy of the Law of Somebodiness
3. The Law of Somebodiness as Necessary Law
4. Classical Inclination to the Law of Somebodiness
5. Uniform Adherence to the Theory of Law
6. Positive Aspects of the Law of Somebodiness
7. Specific Aspects of the Law of Somebodiness
8. Indispensable Existence of the Law of Somebodiness
9. Human Rights Law Proclaiming the Law of Somebodiness
10. International Criminal Law Protecting the Law of Somebodiness
11. The Law of Somebodiness Sanctioning the Complementarity Principle
Chapter 3
International Criminal Law Prohibiting the Law of Nobodiness
1. The Notion of the Law of Nobodiness
2. Banning the Law of Nobodiness
3. The Law of Somebodiness Defending Social Criminal Justice
4. Theory of Obscurity Causing the Law of Nobodiness
5. The Law of Nobodiness Violating the Basic Values of Humanity
6. The Values of Somebodiness Beyond the Law of Nobodiness
7. International Criminal Law Convicting the Law of Nobodiness
8. The Law of Somebodiness Opposing Prejudice
9. The Law of Nobodiness versus Common Humanity
Chapter 4
The Capstones of the Law of Somebodiness Condemning the Law of Nobodiness
1. The Law of Somebodiness Exceeding Positive Norms
2. Somebodiness as the Body of International Human Rights Law
3. The System of International Human Criminal Law in All Forms
4. The Role of Collective Substantive Morality
5. The Law of Somebodiness Preventing Torture
6. Identification of Basic Human Values
7. Rights Delivering the Law of Somebodiness
8. Arrows of the Mirrors of Justice
9. Quality of the Laws of Somebodiness and Nobodiness
Chapter 5
The Sculpture of Justice in the Law of Somebodiness
1. The Language of Reason in the Law of Somebodiness
2. The Law of Somebodiness Regarding the Judgment of Christ
3. Presumption of the Law of Somebodiness in Islamic Values
4. No Dimension of the Law of Somebodiness
5. Legal Virtues of the Ocean of the Law of Somebodiness
6. The Law of Somebodiness beyond the Peremptory Norms
7. Creating Nobodiness with the Power of Somebodiness
8. Nailing Crimes with the Law of Somebodiness
9. Pillars of the Law of Somebodiness
Chapter 6
International Criminal Validity of the Law of Somebodiness
1. The Law of Somebodiness in International Humanitarian Law
2. International Applicability of the Law of Somebodiness
3. The True Metaphor of International Criminal Law
4. Somebodiness as the Corpus of International Criminal Law
5. International Human Rights Criminal Law
6. Universal Authenticity of the Law of Somebodiness
7. Anatomy of Crimes in the Law of Nobodiness
Chapter 7
Proceedings Legalising the Law of Somebodiness and Nullifying the Law of Nobodiness
1. Somebodiness Preventing Unfair Decrees
2. Appeal Processes Protecting the Law of Somebodiness
3. The Law of Somebodiness in Habeas Corpus
4. Empowering Nobodiness by the Judges of the ICC
5. Advisory Opinion on Restrictions on the Death Penalty
6. Criminal Justice Supporting the Law of Nobodiness
7. Instances of Violations of the Law of Somebodiness
8. Procedural Aspects of the Law of Somebodiness
9. The Legal Principles of Proceedings
10. Protecting Children with the Law of Somebodiness
11. Evacuating Children with the Law of Somebodiness
Chapter 8
Indispensable Criminal Principles of the Law of Somebodiness
1. The Principle of Legality in the Law of Somebodiness
2. Nullum Crimes sine lege Confirming the Law of Somebodiness
3. The Law of Somebodiness Supporting the Non-Retroactivity Ratione Personae
4. The Principle of Ne Bis in Idem against the Law of Somebodiness
5. Proceedings of Justice against the Law of Somebodiness
6. Gaps in the Letters of Equality
7. Proviso Embodied in the Law of Somebodiness
8. Quintessence of Victimisation
Chapter 9
The Permanent International Criminal Court in the Aquarium of Justice
1. Ignoring the Priority of the Rights of Victims
2. Not in the Interest of Justice
3. Complexity of Gauging Justice in the Court
4. The ICC Judgments Promoting the Law of Nobodiness
5. Currents of the Babylonian International Criminal Court
6. Aspiration of Justice in the Currents of the ICC
7. Abandoning the Interest of Justice
8. The Law of Somebodiness Requiring Impartiality
9. Accountability Based on the Law of Somebodiness
10. European Union Case against Violations of the Law of Somebodiness
11. Incompetent Application of the Law of Somebodiness
12. Puzzles of the Law of Somebodiness
13. The Security Council Controlling the Law of Somebodiness
14. The ICC Substantiating the Law of Nobodiness
Chapter 10
The Law of Nobodiness Violating International Human Rights Criminal Law
1. Slavery Cultivating the Law of Nobodiness
2. Genocide against the Law of Somebodiness
3. Principle of Jus Dispositivum
4. The Law of Nobodiness against the Principles of Humanitarian Law
5. The Law of Nobodiness in Crimes against Humanity
6. Crimes Containing the Law of Nobodiness
7. Sterilising the Law of Somebodiness
8. Ipso facto Invalidity of the Law of Nobodiness
Chapter 11
Collusion between the Law of Somebodiness and the Law of Nobodiness
1. Grounds for the Law of Nobodiness
2. Reasons for the Non-Protection of the Law of Somebodiness
3. United Nations for and against the Law of Nobodiness
4. Veto Right Promoting the Law of Nobodiness
5. Scapegoats to Manipulate Legal Terminology
6. International Political Clubs Embarrassing the Law of Somebodiness
7. Governments Violating the Law of Somebodiness
8. Ironic Questions of Legal Disciplines
Chapter 12
Conclusion
References*
Index
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