Farhad Malekian's Books

Allegation by Political Laundering

By: Farhad Malekian

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Allegation by Political Laundering

By: Farhad Malekian

The Julian Assange case reminds us of the well-known Scandinavian narrative, Keiserens Nye klæder (The Emperor’s New Clothes). Once upon a time, two tailors weaved new clothes for an emperor. They claimed they used a magic fabric that apparently less talented people could not see. In reality, they wove nothing; they had no loom at all. However, they pretended with gestures of the hand that the loom was active. No one wanted to be the less gifted person, so everyone lied and confirmed the clothes were progressing. The emperor finally put on the magic clothes and marched naked around the capital city with the members of his entourage holding the magic train. Unexpectedly, a guiltless little child, shouted out with a confident voice “Men han har jo ikke noget paa” (“But he doesn’t have anything on!”). The emperor knew the child was right, but decided he must bear it until the procession was over. Human rights or international criminal justice is not simply hocus-pocus, but it seems to be so in the case of Assange, who has enlightened the world population about the hidden criminal political laundering of the big, powerful states. This book explores the propensity towards evil in the nature of collective entities based on political and economic gains against the international community as a whole. It underlines that immoral criminal political laundering is the basic reason for money laundries throughout the globe.

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168

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Cambridge Scholars Publishing

Published Date

ISBN 10

1527520560

ISBN 13

9781527520561

Corpus Juris of Islamic International Criminal Justice

By: Farhad Malekian

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Corpus Juris of Islamic International Criminal Justice

By: Farhad Malekian

This pioneering scholarly oeuvre evaluates the major comparative philosophy of Islamic international criminal justice. It represents an in-depth analysis of the necessities of creating an Islamic international criminal court, its possible jurisdiction, proceedings, judgments, and sanctions. It implies a court functioning under the legal personality of the International Criminal Court, with comparative international criminal lawyers with basic knowledge of Shariah contributing to the prevention of crimes and impunity at an international level. The morality and philosophy of Islamic justice are highly relevant with reference to the atrocities committed explicitly or implicitly under the pretext of Islamic rules by superiors, groups and governments. The volume focuses on substantive criminal law and three methods of the criminal procedure, namely the inquisitorial, adversarial, and adquisitorial. The first two constitute the corpus juris of civil and common law systems. The third term presents a hybrid of the first two methods. The intention is to enhance the scope of each method of the criminal procedure comprehensively. The volume examines their variations and effects on a shared system of international criminal justice. The inherence of comparable norms in the foundation of Islamic and international criminal law affirms their efficiency in the implementation of the essence of the complementarity principle. This book will appeal to readers who are interested in comparative criminal law, international criminal justice, and Shariah criminal law. It is recommended for course literature.

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769

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Cambridge Scholars Publishing

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ISBN 10

1527516938

ISBN 13

9781527516939

The Mirage of International Criminal Law

Kant’s Metaphysics of Mens Rea

By: Farhad Malekian

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The Mirage of International Criminal Law

Kant’s Metaphysics of Mens Rea

By: Farhad Malekian

This book explores, from various perspectives, Kant’s codex of the categorical imperative and the supreme principle of morality in juxtaposition with the monopolisation of the rules of international criminal law. Kant’s reference to the term ‘propensity to evil in human nature’ is a much more serious iniquity universally in the nature of the Security Council than the concepts of a mens rea and actus reus in criminal law. His decisive warning foreshadows that the inclinations towards self-interest, self-love, and intent in collective mens rea within the resolutions of the Security Council prevent states from striving towards the supreme maxim of a genuine international moral worth. The idea of international criminal law is, thus, viewed as a ‘mirage’. Essentially, certain rules of the United Nations Charter, the system of international criminal justice, human rights law, and humanitarian law, like a fata morgana, are crucial if unattainable. The permanent members of the Security Council are deceiving the world by propagating a variety of excuses with the core objective of economic gain. This book will be of interest to anyone enthusiastic about positive law, the nature of criminal justice, classical moral philosophy, politics, and economics.

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227

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Cambridge Scholars Publishing

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ISBN 10

152751790X

ISBN 13

9781527517905

Jurisprudence of International Criminal Justice

By: Farhad Malekian

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Jurisprudence of International Criminal Justice

By: Farhad Malekian

Introduction written by Professor Benjamin B Ferencz This challenging volume examines the jurisprudence of international criminal justice from various points of view. The philosophy of justice may vary from time to time and from nation to nation, depending on prevailing attitudes towards the substantive rules which deal, in one way or another, with cultural norms. In the national and international area, the principles of criminal justice have a key role in examining the scope of the most serious violations of international criminal law. It is on the basis of appropriate judgment that these principles may be accumulated and achieved for the future conduct of man. This volume, therefore, examines the principles and dimensions of the constitutions of various international criminal tribunals/courts, with particular focus on the Statute of the International Criminal Court (ICC). As such, the volume offers a comprehensive evaluation of the rule of law and criminal justice and their legal tasks within the complementarity system of international criminal jurisprudence. The volume emphasises the prosecution and punishment of all those who may successfully escape from the proceedings of national and international criminal courts because of their juridical, political, religious, economic or military power. It demands the implementation of international law of jus cogens. The provisions of the Statute should not be deduced in contradiction to the norms from which no derogation is possible, such as prohibitions governing crimes against humanity, torture, apartheid, rape, war crimes, genocide and aggression. If the value of the task of the Court is to be realised by the majority of states in the international community, the cycle of impunity has to be abolished in the case of all states, including the five permanent members of the Security Council of the United Nations.

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808

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Cambridge Scholars Publishing

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ISBN 10

1443863238

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9781443863230

Principles of Islamic International Criminal Law

A Comparative Search

By: Farhad Malekian

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Principles of Islamic International Criminal Law

A Comparative Search

By: Farhad Malekian

The goal of this book is to minimize the misunderstandings and conflicts between International law and Islamic law. The objective is to bring peace into justice and justice into peace for the prevention of violations of human rights law, humanitarian law, international criminal law, and impunity.

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477

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BRILL

Published Date

ISBN 10

9004203966

ISBN 13

9789004203969

Allegation by Political Laundering

By: Farhad Malekian

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Allegation by Political Laundering

By: Farhad Malekian

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168

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Cambridge Scholars Publishing

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ISBN 10

1527520560

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9781527520561

Prohibition of Sexual Exploitation of Children Constituting Obligation Erga Omnes

By: Farhad Malekian,Kerstin Nordlöf

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Prohibition of Sexual Exploitation of Children Constituting Obligation Erga Omnes

By: Farhad Malekian,Kerstin Nordlöf

Whilst the value of human integrity within the laws of individual states and the documents of international human rights is being increasingly consolidated and will become, sooner or later, the primary concern of the law, severe breaches of this value are indeed still widespread. In particular the sexual exploitation of children constitutes one of the most serious questions of national, regional, transnational and international law. According to international records, every fifteen seconds a child is raped in Africa alone. Almost half of the cases heard by the ICTY concern the sexual exploitation of women and children during armed conflict. More or less similar conclusions may be reached regarding the ICTR or the SCSL. In Rwanda alone, 500,000 females were raped. Almost 200,000 females and children have been the victims of cruel forms of sexual violence during the conflicts in Congo. Sexual abuse of children by priests cannot any longer be concealed in Australia, Belgium, Canada, Germany, France, Ireland, Mexico, the United Kingdom, and the United States, although it is ignored in most Islamic countries. The sexual exploitation of children is also widely practised in many other countries. Regrettably, 79% of all world trafficking is for sexual exploitation. The principal subject matter of this book is the legal etymology of sexual exploitation governing minors. The aim is to identify and analyse jus cogens and obligation erga omnes in relation to the sexual exploitation of children and to evaluate the international responsibility of states in relation to the elimination or prevention of the crime, and the prosecution and punishment of offenders.

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250

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Cambridge Scholars Publishing

Published Date

ISBN 10

1443868531

ISBN 13

9781443868532

Principles of Islamic International Criminal Law

A Comparative Search

By: Farhad Malekian

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Principles of Islamic International Criminal Law

A Comparative Search

By: Farhad Malekian

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477

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BRILL

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ISBN 10

9004203966

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9789004203969

Classical Morality in International Peremptory Criminal Law

By: Farhad Malekian

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Classical Morality in International Peremptory Criminal Law

By: Farhad Malekian

This book begins with the belief that, if a moral principle cannot be identified in the language of the law, if law is not underpinned by a moral understanding of the norm, if the moral accusation is not attached to the violations of certain indispensable norms of the law, then we are violating the peremptory character of the universality of the moral law. The book vicariously objects to any dispute for the advantage of the impunity of those who have cruelly contravened the corpus juris of international peremptory criminal law. What justifies the law in recognizing certain principles as peremptory derives from the highest genetic merit for the international human community as a whole. Here, the term ‘peremptory’, for classical morality, is seen to encompass love for the spirit of truth, for the strength of equality of arms and for the reaffirmation of the value of the essence of man where its infringements violate the indispensable universal rights of nature. This is regardless of whether its perpetrators are Western or non-Western.

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350

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Cambridge Scholars Publishing

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ISBN 10

1527518264

ISBN 13

9781527518261

Confessing the International Rights of Children

The Basic Documents with Analysis

By: Farhad Malekian,Kerstin Nordlöf

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Confessing the International Rights of Children

The Basic Documents with Analysis

By: Farhad Malekian,Kerstin Nordlöf

Within the sphere of law, it is the recognition of its subjects – women, men, children and private or public entities – which has been the most prominent facet of national, regional or international relations. The dominance of the question of recognition has led to the development of the law and the maintenance of its provisions. Obviously, the legal effect of recognition is limited if rights are not implemented entirely. Simultaneously, justice cannot be done within the social structure of any society as long as the basic elements of that society do not properly protect the rights of children. Thus, the complexity one may expect of a legal issue is not just how to deal with the relevant issue in a court of justice, but how to prove that the machinery of justice does not own or use the appropriate documents necessary for the examination of the issue. This book on confessing the international rights of children brings together all international documents which are significant to the protection of the rights of children. The introduction to each document presented in the book demonstrates that there is not necessarily any particular need to prove the legal existence of children’s rights. They obviously exist with full rights, but the implementation of those rights is indeed not so easy. In addition, as a matter of principle, we must not forget that the natural personality of each child has not been created by national, regional or international documents, but by their very existence within our global environment, constituting human beings of their own age.

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380

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Cambridge Scholars Publishing

Published Date

ISBN 10

1443844349

ISBN 13

9781443844345

Jurisprudence of International Criminal Justice

By: Farhad Malekian

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Jurisprudence of International Criminal Justice

By: Farhad Malekian

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808

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Cambridge Scholars Publishing

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1443863238

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9781443863230

International Criminal Law of Children

By: Farhad Malekian

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International Criminal Law of Children

By: Farhad Malekian

This book addresses the international criminal law of children, which constitutes one of the major branches of public international criminal law. It brings together the imperative key codes of the international humanitarian law of armed conflict, international human rights law, international criminal law, and international criminal justice in conjunction with the legal statute of children, with a diverse range of methods and positions on the origin of national criminal laws. It proves that children are an especially precious subject of international jurisprudence, and therefore violating their rights in the time of armed conflict is not only a crime of international character, but also an assault against the most elementary, ethical philosophy of universal moral justice. The book also addresses questions relating to the rape, torture, or killing of minors/children in different parts of our globe. The theme of the book condemns various brutal conducts authorized by governments against children both in times of war and of peace such as genocide or recruitment of child soldiers. Through this, the book evaluates the principles of jus cogens and erga omnes which have been constantly violated by various states over the last several centuries up until today. The powerful theory of the book is strongly recommended to all law and public libraries in the world. It should be read by students of law and politics, international lawyers, researchers of criminal law, military offices including peacekeeping missions"--

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369

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Nova Sciencepublishers Incorporated

Published Date

ISBN 10

1536187909

ISBN 13

9781536187908

Inside Jihadism

Understanding Jihadi Movements Worldwide

By: Farhad Khosrokhavar

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Inside Jihadism

Understanding Jihadi Movements Worldwide

By: Farhad Khosrokhavar

Jihad is the most organized force against Western capitalism since the Soviet era. Yet jihadism is multifaceted and complex, much broader than Al Qaeda alone. In the first wide-ranging introduction to today's rapidly growing jihadism, Khosrokhavar explains how two key movements variously influence jihadi activists. One, based in the Middle East, is more heavily influenced by Islamic religion and political thought. The other, composed of individuals growing up or living mostly in Europe and Western democracies including the United States, is motivated by secular as well as religious influences. Khosrokhavar interprets religious and lesser-known Arabic texts and the real-world economic and political dynamics that make jihadism a growing threat to Western democracies. Interviews with imprisoned jihadists on what motivated their plots and actions help the readers understand reality as seen by jihadists. The author concludes with recommendations to safeguard democracies from future jihadism.

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304

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Routledge

Published Date

ISBN 10

1317257510

ISBN 13

9781317257516

New Arab Revolutions That Shook the World

By: Farhad Khosrokhavar

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New Arab Revolutions That Shook the World

By: Farhad Khosrokhavar

From Libya in the east to the Gulf peninsula in the west, the 'Arab Spring' has shaken entrenched regimes. Decades-old dictatorships have fallen after mass protests. Whilst the final outcome is unclear, the historical importance of these events is beyond doubt. Farhad Khosrokavar contextualizes the demands of the protesters. He looks beyond the Arab world to show how the movements are leaving a deep imprint on countries like Iran and how a new conception of democracy is emerging in the region, challenging traditional ideas. Looking to the future, Khosrokavar discusses how the new movements may change the world.

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364

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Routledge

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1317255542

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9781317255543

Corpus Juris of Islamic International Criminal Justice

By: Farhad Malekian

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Corpus Juris of Islamic International Criminal Justice

By: Farhad Malekian

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769

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Cambridge Scholars Publishing

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1527516938

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9781527516939

Judgments of Love in Criminal Justice

By: Farhad Malekian

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Judgments of Love in Criminal Justice

By: Farhad Malekian

This volume is a new chapter in the future history of law. Its general perspective could not be more original and its critical ethical edge on the state of international law could not be timelier. It explores a compassionate philosophical approach to the genuine substance of law, criminal procedure, international criminal law and international criminal justice. It divides law into three interrelated disciplines, i.e. legality, morality and love. The norm love is derived from human reason for man’s advancement and the securing of natural law. It is more than a mere mandatory norm. Its goal is to generate a normative and positive, powerful result, therefore avoiding any impurity that may exist in the application of other norms because of political or juridical pressures - a one-eyed justice. The norm love also renders justice with the principles of legal accountability, transparency and the high moral, authentic values of humanity. The notion of justice cannot be trusted in the absence of the norm love. The volume indicates the conditions of its efficiency by proving the reasons for its existence in the context of fairness, objectivity and concern for all individuals and entities. The concept of the norm love should be the core academic corpus for lecturing law in all faculties of law. It is simply the enlightenment of the 21st century. A lawyer with requisite knowledge and skill is not a lawyer if he cannot understand that the law does not need a lawyer with ethical competence in its provisions for income purposes but one with knowledge of its essence for the advanced morality of justice and the sheer essence of love for justice.

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349

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Springer

Published Date

ISBN 10

3319469002

ISBN 13

9783319469003

Conscience of Lawyers in International Criminal Law

The Burden of Doppelgängers

By: Farhad Malekian

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Conscience of Lawyers in International Criminal Law

The Burden of Doppelgängers

By: Farhad Malekian

Empowering ethical codes is vital in all branches of law because without these codes we would be unable to differentiate between right and wrong in our personal judgments. Lawyers can either be the most precious or the most precarious parties in a criminal case, depending on the state of their conscience. In such cases, immorality replaces morality, and legal norms become pawns in a game, the goal of which is to serve the economic interests of the lawyer. The lawyer becomes a greater threat to the truth when they support the establishment of special tribunals meant to hide the truth, such as was seen in Iraq, or when they receive payment in order to cover up genocide in places such as Myanmar and in the territories of the superpowers. Such lawyers then turn around and condemn the same crimes in places such as China. They speak out against crimes against humanity carried out by the Iranian government, but do not say a single word about crimes against humanity, war crimes, and genocide committed by the Saudi Arabian Israeli, American, French, and British governments. Here, doppelgänger attorneys do not present the true image of justice, but rather work to convince the international public that their brutal clients are innocent. The situation is even more complicated when we are dealing with very sensitive questions of international criminal justice under various criminal procedures directed by lawyers in the ICJ, the ICC, or in ad hoc tribunals. What is the nature of integrity, impartiality, conscience, truth, and payments, and why are lawyers increasingly being sponsored and directed by outsiders? This book reveals the forbidden truth-an embarrassment and moral weakness of conscience. The reader can hardly put the book down! Every library should obtain it"--

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280

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ISBN 10

1685074715

ISBN 13

9781685074715

Conscience of Prosecutors in International Criminal Law

The Heart of the Matter

By: Farhad Malekian

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Conscience of Prosecutors in International Criminal Law

The Heart of the Matter

By: Farhad Malekian

This book evaluates the resting pulse of national and international criminal justice in conjunction with the actual definition of the truth which burdens prosecutors. Prosecutors have several valuable, yet inconspicuous tasks which are significant to criminal procedure. In criminal justice, the conscience of justice is based on the pursuit of the truth by using evidence. As a rule of genuine judgment, we seek to discuss the principle of truth and its enforcement in the proceedings of criminal justice. The visual perception of moral law and its imperative function governing the theory of ethical obligations, responsibilities, and duties of the prosecutor in the criminal jurisdiction therefore represents the primary starting point for all of our judgments. Prosecutors should actively ensure that both powerful and powerless criminals are brought to justice. The main objective of the statute of the permanent International Criminal Court (ICC) claims to uphold the high moral precedent which must be set by the Office of the Prosecutor. However, the actual practice of the ICC has instead led to millions of deaths, including those of innocent children, as well as the destruction of countries whose protection is not considered to be in "the interest of justice". If the ICC wishes to establish justice for victims, then the deterrence of impunity for any criminal should be its priority. The ICC should not become a pawn of the political superpowers or the platform through which the prosecutor can misuse classified documents to serve their personal interests. The ultimate nature of justice cannot be comprehensive if impartial validity is not the permanent foundation of the core pillars in all criminal proceedings. This book is recommended to anyone who concerns themselves with legal questions of criminal justice and its efficacy.

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244

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Nova Science Publishers

Published Date

ISBN 10

1685072992

ISBN 13

9781685072995

Conscience of Judges in International Criminal Law

The Heart of Judgement

By: Farhad Malekian

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Conscience of Judges in International Criminal Law

The Heart of Judgement

By: Farhad Malekian

For the author, a judge is a person with a high ethical and moral capacity who respects their position. When we think of a court, we think about a place where we confront the truth, where every single individual, every judge and prosecutor, every victim and witness, and every accused person, offender, and the condemned, come together to reveal the naked truth. The main objective of criminal proceedings is to uphold a pure juridical system with full ethical conscience in order to protect the rights of all individuals, including members of the general public. Judges of criminal courts are required to be independent in order to pursue the truth and uphold judicial conscience, which is itself an institution based on the professional values of criminal justice. A judge with ample judicial conscience should not be afraid of being attacked or losing their position if they work to uphold and uncover the truth. This implies the independent freedom of judicial justice. If justice is safe, then the safety of the victims and the accused will also be guaranteed. That is why confidence in the professional standards of the ethical requirements of judges of national criminal courts or of the International Criminal Court is heavily contingent upon the judges' honesty, which in turn relates to their practical experiences and ought to be based on the knowledge of the essence of humanity. Professional ethics are particularly vital when evaluating diverse values and the very question of the existence of pluralist systems of national and international criminal justice which deal with core international crimes. The intention of this work is to assess the way in which our administration of national and international criminal justice requires judges to be impartial, pursue the truth, and not be the puppets of ventriloquist politicians.

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