Conundrums of Paternalism in International Criminal Justice


Farhad Malekian – Uppsala, Sweden

Series: Law, Crime and Law Enforcement; Laws and Legislation
BISAC: LAW026000; LAW051000; LAW052000

The Statute of the United Nations promotes a very disastrous image of the inequality of arms. If we conclude that the inequalities in Chapter VII of the Charter must be respected because states have given their consent, we can argue that the extraction of information through the use of torture is lawful since victims of torture have confirmed this statement. Ultimately, the contemporary modern bodies of international criminal justice and human rights are chained to a system of paternalism that has gradually infringed upon an independent taboo norm of dignity, which in turn represents the decree of immorality by a superior order. Paternalism is the successor to the traditional colonial rules of control and intends to guide governments as to what to do when it comes to their natural resources, security, and international legal personalities. Therefore, paternalism represents control through sanctions and resolutions. Paternalism also monopolises the basic principles of the legal discipline to promote political, military, and economic interests. The author coins new phrases “human-snaking rights” and “snaking justice” to express how paternalist governments impose rules and inject their dangerous, venomous fangs into legal and political resolutions against other governments. These resolutions function like saws because it does not matter which direction a member state chooses, since they will ultimately be cut into pieces. The veto of paternalism is a conundrum that poses a potential existential threat to international criminal jurisprudence when it comes to serious questions of criminal justice. Paternalism imposes its decisions on groups, governments, prosecutors, and judges of international criminal courts. Those who fail to listen are sanctioned through various means.

**Order the printed version and SAVE 50% on the e-book with Print+eBook**

Table of Contents

About the Book


Chapter 1. Puzzling the Heart of Legal Norms
1. Multifaceted Issues of International Jurisprudence
2. Methods of Solving the Puzzle
3. Casual Use of Human Rights
4. Juncture of Politico-Legal Mottos
5. Puzzling Philosophy of Criminalization
6. Conundrum of Impossibility
7. Monopolisation of Integrities
8. Shaping a Complicated Puzzle
9. The Suffering of Vulnerable Governments
10. Claims of Justification

Chapter 2. Sinking in the Waves of Injustice
1. Paternalist Snaking Justice
2. Sanctions as Weapons of Destruction
3. Consequentialism: Criminal Jurisprudence
4. Different Strategies
5. Criminal Collusions
6. Hazardous Fangs of Monopolisation
7. Trespassing Equality
8. Catastrophic Jurisprudence
9. Poisonous Judgments
10. Poisoning Independent Thoughts

Chapter 3. Pyramid of Venomous Fangs
1. Conundrums of the Holocaust
2. Paternalism as Powertionism
3. Trust in Conventional Norms
4. Prohibition of Criminal Discrimination
5. Limiting Criminal Jurisprudence
6. Nature of Imperative Judgments
7. Significant Violations
8. Ideological Denominators
9. Target of Paternalism
10. Minimal or Maximal Rights

Chapter 4. Bigotry Norms of Judgments
1. Crashing Human Rights
2. The Dilemma of Criminal Jurisprudence
3. My Irrational Judgments
4. Who Knows How?
5. National Paternalist Theories
6. Image of Bigotry
7. Occupying Geopolitical Traditions
8. Powerful Melody of Dancing
9. Premeditated Harmful Norms
10. Foreseen Methods

Chapter 5. Elephants Composing Unbearable Norms
1. Horrifying Unequal Norms
2. Elephants in the Room
3. Shaping Unbearable Control
4. Nourishing Legal Forces
5. Defective Policy of Selectivity
6. Exploring the Dimensions of Dignity
7. Granting Impunity
8. Using Human Rights as Decoration
9. Violating the Borderlines of Humanity
10. Satisfaction of Masters

Chapter 6. Legend of the Major Reasons
1. Violating the Basic Norms
2. Objective Values
3. Shadow of Abolition of the Charter
4. Missing Reality
5. Complicated Issues
6. The Legend of Humanity
7. Unavoidable Dramatic Solutions
8. Troublesome Aspects of Criminal Jurisprudence
9. The Paternalist Stem of Burglary
10. Consequentialism: A Characteristic of the Charter101

Chapter 7. Metaphor of Rotten Conundrums
1. The Tap at the Bottom of the Pool
2. Ethical Examination of Morals
3. Metaphor of Logical Understanding
4. Challenge to Moral Judgments
5. Equanimity Lies of Reasoning
6. Dangerous Theory of Consequentialism
7. Rotten Theories
8. Impression of Priority
9. Faux Dignity
10. Illegal Nature of Autarchic

Chapter 8. Schizophrenia Discounting Sectors of Values
1. Extraction of Consent
2. Moral Validity of Virtue
3. Reduction of Values
4. Alleged Commitments
5. Schizophrenic Rights
6. Moral Convictions of Paternalists
7. Moral Balls
8. Moral Sphere of Criminal Justice
9. Sectors of Moral Values
10. Ignoring the Desideratum of Integrity

Chapter 9. Skeleton of Indeterminacy Hypothesis
1. Wrong Desideratum
2. Dishonesty Creates Conundrums
3. Indeterminacy Norms
4. Striking Hypothesis of Capacity
5. Conundrums of Democracy
6. ICC Performs Immoral Inequality
7. Bargaining Conscience of Judges
8. Manifestation of Moral Accountability
9. Skeleton of Morality
10. Jurisprudence of Political Force

Chapter 10. Hedonist Temptations of Jurisprudence
1. Judges Preventing the Truth
2. Carousel Mission of Judges
3. Judging the Judgments
4. Choice between Laws
5. Hedonist Justice
6. Critical Judgements
7. A Critical Proposition
8. The Imperative Maxim of Truth
9. Temptations of Values
10. Confusing Charity with Rights

Chapter 11. Precarious Complexes
1. Differences in the Values of Rights
2. Conundrum of Approachable Rights
3. Complex Conundrums
4. Reluctant Rescue
5. Ethical Issues Circling Around
6. Avoiding Being with the Truth
7. Halting the Notion of Responsibility
8. Morally Hazardous

Chapter 12. Conundrums of Conclusion



Publish with Nova Science Publishers

We publish over 800 titles annually by leading researchers from around the world. Submit a Book Proposal Now!