tailieunhanh - The Principle of Legality in International and Comparative Criminal Law

This statement – that “nothing is criminal except by law [existing at the time of the act]” is a mere nonbinding principle of justice – has a cynical ring to it. It implies that judges can and should ignore principles of justice in service of the sovereign powers that created their court. This was pointed out rather explicitly in the dissent to the Tokyo Judgment by Justice Radhabinod Pal of India, who argued that the International Military Tribunal for the Far East should not create crimes that did not exist at the time a defendant acted: “for otherwise the Tribunal will not be a ‘judicial tribunal’ but. | CAMRỈ5CCf SĨUOỈÍSIN INHRKATXmAl Ahù OMPARATM IAW The Principle of Legality in International and Comparative Criminal Law s. Gallant 9780521886482 Cambridge This page intentionally left blank the principle of legality in international and comparative criminal law This book fills a major gap in the scholarly literature concerning international criminal law comparative criminal law and human rights law. The principle of legality non-retroactivity of crimes and punishments and related doctrines is fundamental to criminal law and human rights law. Yet this is the first booklength study of the status of legality in international law - in international criminal law international human rights law and international humanitarian law. This is also the first book to survey legality and non-retroactivity in all national constitutions developing the patterns of implementation of legality in the various legal systems . common law civil law Islamic law Asian law around the world. This is a necessary book for any scholar practitioner and library in the area of international criminal comparative human rights or international humanitarian law. Kenneth S. Gallant is a professor at the University of Arkansas at Little Rock William H. Bowen School of Law. His previous positions include professor at the University of Idaho prosecutor with the district attorney of Philadelphia and clerk for the Hon. Louis H. Pollak of the . District Court Eastern District of Pennsylvania and for the Hon. Samuel J. Roberts of the Supreme Court of Pennsylvania. He has been a Fulbright Scholar at the National Law School of India University and Tribhuvan University in Nepal. He was elected as the first representative of counsel on the Advisory Committee on Legal Texts of the International Criminal Court was a founding member of the International Criminal Bar and was on its first governing .