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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| Định dạng: | Sách |
| Ngôn ngữ: | English |
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Springer
2023
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| Truy cập trực tuyến: | https://link.springer.com/article/10.1007/s11572-022-09628-6 https://dlib.phenikaa-uni.edu.vn/handle/PNK/9155 |
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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 |
| _version_ |
1779307160713297920 |
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8.887929 |