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Why International Criminal Law Can and Should be Conceived With Supra-Positive Law: The Non-Positivistic Nature of International Criminal Legality

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Main Author: Muñoz, Nuria Pastor
Format: Book
Language:English
Published: Springer 2023
Subjects:
International criminal law
International Criminal Legality
Online Access:https://link.springer.com/article/10.1007/s11572-022-09628-6
https://dlib.phenikaa-uni.edu.vn/handle/PNK/9155
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spelling oai:localhost:PNK-91552023-09-22T07:25:50Z Why International Criminal Law Can and Should be Conceived With Supra-Positive Law: The Non-Positivistic Nature of International Criminal Legality Muñoz, Nuria Pastor International criminal law International Criminal Legality CC-BY International criminal law (ICL) is an achievement, but at the same time a challenge to the traditional conception of the principle of legality (lex praevia, scripta, and stricta – Sect. 1). International criminal tribunals have often based conviction for international crimes on unwritten norms the existence and scope of which they have failed to substantiate. In so doing, they have evaded the objection that they were applying ex post facto criminal laws. This approach, the relaxation of the concept of law by including norms whose existence is doubtful, has apparently served to maintain a concept of strict legality, but it is unsatisfying (Sect. 2). 2023-09-22T07:25:50Z 2023-09-22T07:25:50Z 2022 Book https://link.springer.com/article/10.1007/s11572-022-09628-6 https://dlib.phenikaa-uni.edu.vn/handle/PNK/9155 en application/pdf Springer
institution Digital Phenikaa
collection Digital Phenikaa
language English
topic International criminal law
International Criminal Legality
spellingShingle International criminal law
International Criminal Legality
Muñoz, Nuria Pastor
Why International Criminal Law Can and Should be Conceived With Supra-Positive Law: The Non-Positivistic Nature of International Criminal Legality
description CC-BY
format Book
author Muñoz, Nuria Pastor
author_facet Muñoz, Nuria Pastor
author_sort Muñoz, Nuria Pastor
title Why International Criminal Law Can and Should be Conceived With Supra-Positive Law: The Non-Positivistic Nature of International Criminal Legality
title_short Why International Criminal Law Can and Should be Conceived With Supra-Positive Law: The Non-Positivistic Nature of International Criminal Legality
title_full Why International Criminal Law Can and Should be Conceived With Supra-Positive Law: The Non-Positivistic Nature of International Criminal Legality
title_fullStr Why International Criminal Law Can and Should be Conceived With Supra-Positive Law: The Non-Positivistic Nature of International Criminal Legality
title_full_unstemmed Why International Criminal Law Can and Should be Conceived With Supra-Positive Law: The Non-Positivistic Nature of International Criminal Legality
title_sort why international criminal law can and should be conceived with supra-positive law: the non-positivistic nature of international criminal legality
publisher Springer
publishDate 2023
url https://link.springer.com/article/10.1007/s11572-022-09628-6
https://dlib.phenikaa-uni.edu.vn/handle/PNK/9155
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score 8.891145

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