Orchestrating Diversity in International Criminal Justice


Series: Law, Crime and Law Enforcement
BISAC: LAW051000
DOI: https://doi.org/10.52305/XTGD8136

The scope of criminal justice has to include the body of equal norms that have to be protected. The basic elements of authoritarianism, universality, complementarity, and pluralism should not be employed by superior powers and enforced within the procedures and values of our criminal charter. A pure criminal jurisdiction ought to have its own independent honour and its own unified diverse values including: righteousness, innocence, virtue, honesty, and the preservation of objectivity in legal judgments. At the same time, the notion of diversity should not create an artificial equality in place of authentic, dynamic protection. It is of no essential significance which criminal justice measures are exercised by a court, if the rulings of the court are based on clear evidence, and, most importantly, if the court has not granted immunity for major criminals through impunity as a result of corrupt proceedings. It is the independent character of criminal justice which earns it its high-level of respect. The existence of pure values is the natural and essential requirement for a court and allows it to be qualified as a body with an ethical and moral character. A court should not be run through the threat of force or through monopolisation, but rather with trust. Furthermore, the courts are morally required to resist enmeshing themselves in the authoritarian exploitation of criminal justice. Working towards this goal should be imperative in the system of criminal jurisprudence. These are the most realistic potential methods for decreasing the number of victims of core international crimes and achieving pluralist values of diversity. The author, Farhad Malekian, is a leading authority in substantive international criminal law and international criminal justice.

Table of Contents


Chapter 1. Enlightenments through Pluralism

Chapter 2. The Borderline of International Criminal Diversity

Chapter 3. Challenges Against Pluralism

Chapter 4. Orchestrating Pluralist Criminal Justice

Chapter 5. Pluralist Classification of International Criminal Justice

Chapter 6. Margin of Appreciation of Criminal Justice

Chapter 7. Disputing over Mutual Criminal Justice

Chapter 8. Common Values of Criminal Justice




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