اصلاح قانون جزا و عدالت انتقالی: دیدگاه‌های حقوق بشر برای سودان

Sudan has been undergoing profound changes characterized by an uncertain transition from conflict to post-conflict society and the separation of the country in the midst of ongoing human rights concerns. This book examines the nature, policy aspects and interrelationship of Sudanese criminal law and law reform in this context, situating developments in the broader debate of international human rights, rule of law and transitional justice. For the first time, Sudanese, national, regional and international experts and practitioners are brought together to share experiences, combining a range of legal and policy perspectives. The book provides valuable lessons on how relevant standards and experiences can be used to inform criminal law reform in Sudan. It also considers what broader lessons can be drawn for reform initiatives in other societies facing similar challenges. This includes the type of violations that need to be addressed in reforms as a prerequisite for enhanced human rights protection, challenges experienced in this regard, and the contribution of civil society in this process. Introduction : Rethinking International Criminal Justice -- Mass Atrocity : Theories And Concepts Of Accountability On The Schizophrenia Of Accountability / Caroline Fournet -- Collective Responsibility For Global Crime Limitations With The Liability Paradigm / Mark Findlay -- Victims' Expectations Towards Justice In Post-conflict Societies : A Bottom-up Perspective / Ernesto Kiza And Holger Rohne -- Making International Criminal Procedure Work : From Theory To Practice / Richard Vogler -- Should States Bear The Responsibility Of Imposing Sanctions On Its Citizens Who As Witnesses Commit Crimes Before The Icc? / Sylvia Ngane -- Exclusion And Inclusion : From Bio-politics To Bio-legality / Edwin Bikundo -- Contrasting Dynamics Of Global Administrative Measures And International Criminal Courts : Cosmopolitanism, Multilateralism, State Interests / Nicholas Dorn -- Governing Through Globalised Crime : Thoughts On The Transition From Terror / Mark Findlay -- Evaluating Sentencing As A Force For Achieving Justice In International Criminal Trials / Ralph Henham -- The Paradox Of Global Terrorism And Community Based Security Policing / Clive Walker. Edited By Ralph Henham And Mark Findlay. Includes Bibliographical References And Index. Introduction : rethinking international criminal justice Mass atrocity : theories and concepts of accountability : on the schizophrenia of accountability / Caroline Fournet Collective responsibility for global crime : limitations with the liability paradigm / Mark Findlay Victims' expectations towards justice in post-conflict societies : a bottom-up perspective / Ernesto Kiza and Holger Rohne Making international criminal procedure work : from theory to practice / Richard Vogler Should states bear the responsibility of imposing sanctions on its citizens who as witnesses commit crimes before the ICC? / Sylvia Ngane Exclusion and inclusion : bio-politics and global governance through criminalisation / Edwin Bikindo Contrasting dynamics of global administrative measures and international criminal courts : cosmopolitanism, multilateralism, state interests / Nicholas Dorn Governing through globalised crime : thoughts on the transition from terror / Mark Findlay Evaluating sentencing as a force for achieving justice in international criminal trials / Ralph Henham The paradox of global terrorism and community-based security policing / Clive Walker. Enacted in 1860, the Indian Penal Code is the longest serving and one of the most influential criminal codes in the common law world. This book commemorates its one hundred and fiftieth anniversary and honours the law reform legacy of Thomas Macaulay, the principal drafter of the Code. The book comprises chapters which examine the general principles of criminal responsibility from the perspective of Macaulay, and from more recent accounts by lawmakers and reformers. These are framed by chapters that examine the history and conceptual underpinnings of Macaulay's Code, consider the need to revitalize the Indian Penal Code, and review the current challenges of principled criminal law reform and codification. This book is a valuable reference on the Indian Penal Code, and current debates about general principles of criminal law for legal academics, judges, legal practitioners and criminal law reformers. It also promises to have wider scholarly appeal, of interest to legal theorists, historians and policy specialists. This book compares the civil and common law approach to analyze the question -'What sorts of conduct may the state legitimately make criminal?'. Through a comparative focus on an Australian and German context, this book utilizes interviews with Australian criminal law experts and contrasts them with the German model based on'Rechtsgutstheorie'. By comparing the largely descriptive, criminology-based Australian approach with the more sophisticated German legal theory model the author finds the Australian approach to be suffering from a'normative flaw', illustrated by the distinction of different approaches to the offences of incest, bestiality and possession of illicit drugs. Carl Constantin Lauterwein discovers that while there is strength in the common law approach of describing the possible reasons for criminalizing certain conduct, the approach could be significantly improved by scrutinizing the legitimacy of those reasons. Revitalising Macaulay's Indian Penal Code / Stanley Yeo, Barry Wright Macaulay's Indian Penal Code : historical context and originating principles / Barry Wright The fault elements of offences / Neil Morgan The conduct element of offences / Bob Sullivan Mistake and strict liability / Kumaralingam Amirthalingam Abetment, criminal conspiracy and attempt / Wing-Cheong Chan Vicarious liability / Michael Hor Private defence / Cheah Wui Ling Duress and necessity / Stanley Yeo Insanity / Gerry Ferguson Intoxication / Gerry Ferguson Provocation / Ian Leader-Elliott An evaluation of judicial interpretations of the Australian model criminal code / Matthew Goode Recent law reform and codification of the general principles of criminal law in England and Wales : a tale of woe / Chris Clarkson Principled criminal law reform : could Macaulay survive the age of governing through crime? / Mark Findlay. This collection discusses appropriate methodologies for comparative research and applies this to the issue of trial transformation in the context of achieving justice in post-conflict societies. In developing arguments in relation to these problems, the authors use international sentencing and the question of victims'interests and expectations as a focus. The conclusions reached are wide-ranging and haighly significant in challenging existing conceptions for appreciating and giving effect to the justice demands of victims of war and social conflict. The themes developed demonstrate clearly how comparative contextual analysis facilitates our understanding of the legal and social contexts of international punishment and how this understanding can provide the basis for expanding the role of restorative international criminal justice within the context of international criminal trials. This book analyzes the position of the ICC in relation to national court systems. The research illustrates that what seemed to be a straight forward relationship between the ICC and national courts under the complementarity mechanism, proves to be much more complex in practice. Using the referrals of Uganda and Darfur, the book demonstrates ways in which it might be possible to prosecute for crimes currently not prosecuted by the ICC and brings to light possible solutions to overcome the gaps in law and practice in the jurisdictional relation between the ICC and national systems. It will be of value to academics, students and policy-makers working in the area of international law, international organizations, and human rights. This book compares the civil and common law approach in determining what sort of conduct the State may legitimately make criminal. Situating the study within the Australian and German context, the book contrasts the Australian system with the German model based on 'Rechtsgutstheorie'. The work narrows the gaps between the starkly different approaches in the common and civil law traditions towards theory thereby increasing our understanding of criminal law theory This collection discusses appropriate methodologies for comparative research and applies this to the issue of trial transformation in the context of achieving justice in post-conflict societies. In developing arguments in relation to these problems, the authors use international sentencing and the question of victims' interests and expectations as a focus. Law, Limits And Legitimacy : Germany And Australia -- The German Rechtsgutstheorie -- The Approach To The Problem : A Problem Itself -- The Discussion In Australia -- Incest, Bestiality, And Drugs : Legitimately Criminalised? -- Conclusions. Carl Constantin Lauterwein. Includes Bibliographical References And Index. History and legal background of the principle of complementarity Complementarity in abstract Possible de jure and de facto hurdles to complementarity Complementarity and state referral : North Uganda case Complementarity and security council referral : the Darfur situation. Analyzes the position of the ICC in relation to national court systems. This book illustrates that what seemed to be a straight forward relationship between the ICC and national courts under the complementarity mechanism, proves to be much more complex in practice. This book analyzes the position of the ICC in relation to national court systems, illustrating that its relationship with the national courts under the complementarity mechanism, is much more complex in practice. It brings to light possible solutions to o