DOCSLIB.ORG

ICC-ASP/17/19 Assembly of States Parties

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
ICC-ASP/17/19 Assembly of States Parties International Criminal Court ICC-ASP/17/19 Distr.: General Assembly of States Parties 29 November 2018 ENGLISH Original: English and French Seventeenth session The Hague, 5-12 December 2018 Designation of the members of the Advisory Committee on Nominations Note by the Secretariat 1. Article 36, paragraph 4 (c), of the Rome Statute provides as follows: “(c) The Assembly of States Parties may decide to establish, if appropriate, an Advisory Committee on nominations. In that event, the Committee’s composition and mandate shall be established by the Assembly of States Parties.” 2. By resolution ICC-ASP/10/Res.5, the Assembly established an Advisory Committee on the Nominations of Judges. The terms of reference1 of the Advisory Committee provide that: “The Committee should be composed of nine members, nationals of States Parties, designated by the Assembly of States Parties by consensus on recommendation made by the Bureau of the Assembly also made by consensus, reflecting the principal legal systems of the world and an equitable geographical representation, as well as a fair representation of both genders, based on the number of States Parties to the Rome Statute.”2 3. .At its third meeting, on 29 January 2018, the Bureau fixed the nomination period to run for 12 weeks, from 6 June to 28 August 2018 (Central European Time). Nominating States were requested to include a statement as to how candidates fulfil the criteria established in the terms of reference of the Advisory Committee. 4. Since the number of candidates was less than the number of seats at the close of the nomination period, and since not all regional groups had nominated candidates, the Bureau extended the nomination period on three occasions until 11 September, 25 September and 9 October 2018 (Central European Time) respectively. At the close of the nomination period on 9 October 2018, eight candidates had been nominated for the nine seats on the Advisory Committee. 5. At its 29 January 2018 meeting, the Bureau had decided to establish a working group of the Bureau, comprising one member from each regional group, which would be tasked with identifying nine candidates for nomination by the Bureau and election by the Assembly, and with ensuring that the requirements set out in the Committee’s terms of reference are respected. 1 Report of the Bureau on the establishment of an Advisory Committee on nominations of judges of the International Criminal Court (ICC-ASP/10/36), annex. 2 Ibid., para. 1. 19E291118 ICC-ASP/17/19 6. As the working group of the Bureau referred to above did not seem to be possible, the Bureau, on 15 November 2018, decided to consider and evaluate the eight candidates to the Advisory Committee on Nominations and present its report. 7. The recommendations of the Bureau are reflected in the report of the Bureau on the Advisory Committee on Nominations (ICC-ASP/17/21). 8. The nominations received by the Secretariat are contained in the annex to the present note. Annex Alphabetical list of candidates (with statements of qualifications) Contents Name and nationality Page 1. Barrak Binhamad, Ahmad Mohammad (State of Palestine)...............................................................3 2. Bîrsan, Corneliu (Romania)................................................................................................9 ................ 3. Cotte, Bruno (France)................................................................................................15......................... 4. Fulford, Adrian (United Kingdom of Great Britain and Northern Ireland) ................................19 ........ 5. Kambuni, Lucy Muthoni (Kenya) ................................................................................................21 ...... 6. Monageng, Sanji Mmasenono (Botswana)................................................................27......................... 7. Rodríguez Veltzé, Enrique Eduardo (Bolivia)................................................................33 .................... 8. Steiner, Sylvia Helena de Figueiredo (Brazil)................................................................35 .................... 2 19E291118 ICC-ASP/17/19 1. Barrak Binhamad, Ahmad Mohammad (State of Palestine) (Original: English) Note verbale The Permanent Representation of the State of Palestine to the International Criminal Court (ICC), presents its compliments to the Secretariat of the Assembly of States Parties to the ICC, and has the honour to inform that the Government of the State of Palestine has decided to nominate Dr. Ahmad Barrak, the Attorney General of Palestine for the membership of the Advisory Committee on Nomination of judges (ACN) Asia-Pacific States group. Statement of qualifications The State of Palestine has the honor to nominate Dr. Ahmad Barrak for election as member of the Advisory Committee on nominations of Judges of the International Criminal Court. This statement is submitted pursuant to article 36, paragraph 4 (c), of the Rome Statute, regarding the process of preparing the election, by the Assembly of States Parties, of the members of the Advisory Committee on nominations of judges of the International Criminal Court and in accordance with the terms of reference for the establishment of an Advisory Committee on nominations of judges of the International Criminal Court, ICC-ASP/10/36. Dr. Ahmad Barrak fully meets the requirements established in the terms of reference of the Advisory Committee adopted by the Assembly of States Parties with resolution ICC-ASP/10/Res. 5. He is of high moral character and integrity and has established competence and extensive experience in criminal and international law. Dr. Barrak currently serves as Attorney General of the State of Palestine. He has legal expertise on a wide range of criminal issues and has demonstrated his competence in criminal law and procedure. For over 25 years, Dr. Barrak has held key positions in the judicial system. Starting off as Military General Prosecutor from 1994-2000, he then went on to serve as Chief Prosecutor in various Palestinian governorates from 2002-2010, and then Deputy Attorney General of the State of Palestine between 2012-2016. In addition to his exceptional professional career, Dr. Barrak has published many books on penal legislation and has conducted numerous academic researches on the various aspects of the criminal justice system including cybercrimes, corruption and juvenile justice. His passion and expertise on criminal legal matters lead Dr. Barrak to conduct many workshops and training programs aimed at improving the criminal justice system. Most notably, he was nominated as Chairman of the Committee Preparing Draft Amendments to the Criminal Procedures Code. Throughout his legal studies, Dr. Barrak demonstrated consistency in achieving academic excellence. He was awarded a PhD in Criminal Law from Cairo University with honors. Regardless of his chosen field of endeavor, Dr. Barrak has always conducted himself with high integrity. The State of Palestine is confident that Dr. Barrak's impeccable character, his qualifications and extensive professional experience would assist the Commission in fulfilling its mandate. 19E291118 3 ICC-ASP/17/19 Personal details Nationality: Palestinian Sex: Male Date of Birth: 17 January 1970 Place of Birth: Egypt Academic Degrees & Qualifications ˗ PhD in Criminal Law from Cairo University, Egypt, 2009, with a rating of very good. ˗ Masters in Common Law from Cairo University, Egypt, 2004. ˗ Bachelor in Law from Cairo University, Egypt, 1992. ˗ Diploma in Judicial Sciences from Cairo University, ranked as the first in class, earned a commendation award for academic excellence, 2004. ˗ Diploma in Common Law from Tanta University, with a rating of very good, 2005. ˗ High School from Al-Maadi Secondary School, Egypt, 1988. Work Experience ˗ Attorney General of the State of Palestine, 2016. ˗ Deputy Attorney General of the State of Palestine, 2012-2016. ˗ Chief Prosecutor, Judicial Training Department at the Attorney General’s Office, Palestinian Public Prosecution – Ramallah – Palestine, 2010-2012. ˗ Civil Public Prosecution, 2009. ˗ Palestinian Public Prosecution, Ramallah – Palestine, 2010. ˗ Chief Prosecutor - Bethlehem Prosecution – Palestine, 2008-2009. ˗ Chief Prosecutor – Jericho Prosecution – Palestine, 2008. ˗ Chief Prosecutor – Jenin Prosecution – Palestine, 2006-2007. ˗ Chief Prosecutor – Qalqilya – Salfit- Palestine, 2002-2006. ˗ Civil Public Prosecution, Nablus, 2000-2002. ˗ Military General Prosecutor for the northern governorates of the West Bank, 1994- 2000. ˗ Practicing Lawyer in the Arab Republic of Egypt, registered with the Egyptian Bar Association, 1992-1994. ˗ Professor and lecturer in Palestinian universities (Palestine Ahliya University, Birzeit University, An-Najah National University, Modern University College, Palestinian Judicial Institute), 2008. Academic Achievements (Publications, Researches, Reviews): Books ˗ Juvenile Restorative Justice and Criminal Mediation as a model, Al-Shamil Publishing, Palestine, 2017. ˗ A publication titled “Principles of Criminal Procedures in Palestinian Law, two parts”, 2013. ˗ A publication titled “The Principles of the General Section in the Palestinian Penal Legislation”, 2013. ˗ A publication titled “Enforcing the Criminal Penalty in the Palestinian Legislation”, Dar Al-Thaqafa, Amman, Analytical Study, 2015. 4 19E291118 ICC-ASP/17/19 ˗ A publication titled “Voluntary Penalty in the Islamic Sharia and Contemporary Criminal Systems”, comparative study,
Load more

Recommended publications
  • Retribution in a Modern Penal Law: the Principle of Aggravated Harm
    Buffalo Law Review Volume 25 Number 1 Article 2 10-1-1975 Retribution in a Modern Penal Law: The Principle of Aggravated Harm Ronald J. Allen University at Buffalo School of Law Follow this and additional works at: https://digitalcommons.law.buffalo.edu/buffalolawreview Part of the Criminal Law Commons, Criminology and Criminal Justice Commons, Legal Theory Commons, and the Legislation Commons Recommended Citation Ronald J. Allen, Retribution in a Modern Penal Law: The Principle of Aggravated Harm, 25 Buff. L. Rev. 1 (1975). Available at: https://digitalcommons.law.buffalo.edu/buffalolawreview/vol25/iss1/2 This Article is brought to you for free and open access by the Law Journals at Digital Commons @ University at Buffalo School of Law. It has been accepted for inclusion in Buffalo Law Review by an authorized editor of Digital Commons @ University at Buffalo School of Law. For more information, please contact [email protected]. RETRIBUTION IN A MODERN PENAL LAW: THE PRINCIPLE OF AGGRAVATED HARM RoNALD J. ALLEN* Surely to think of the apt expression of feeling-even if we call it moral indignation rather than revenge-as the ultimate justification of punishment is to subordinate what is primary to what is ancillary. We do not live in society in order to condemn, though we may con- demn in order to live.' Thus the old Gentleman ended his Harangue. The... [Legislature] heard it, and approved the Doctrine and immediately practised the 2 contrary,just as if it had been a common Sermon .... I O nSeptember 1, 1967, in the State of New York, the "first major and comprehensive revision of the Penal Law in the State of New York since 1881"s became effective.4 While much has been written of the revised Penal Law,5 one important aspect of it has received little *Assistant Professor of Law, Faculty of Law and Jurisprudence, State University of New York at Buffalo; B.S., Marshall University, 1970; J.D., University of Michigan, 1973.
    [Show full text]
  • Dutch Influences on Law and Governance in New York
    DUTCH INFLUENCES 12/12/2018 10:05 AM ARTICLES DUTCH INFLUENCES ON LAW AND GOVERNANCE IN NEW YORK *Albert Rosenblatt When we talk about Dutch influences on New York we might begin with a threshold question: What brought the Dutch here and how did those beginnings transform a wilderness into the greatest commercial center in the world? It began with spices and beaver skins. This is not about what kind of seasoning goes into a great soup, or about European wearing apparel. But spices and beaver hats are a good starting point when we consider how and why settlers came to New York—or more accurately—New Netherland and New Amsterdam.1 They came, about four hundred years ago, and it was the Dutch who brought European culture here.2 I would like to spend some time on these origins and their influence upon us in law and culture. In the 17th century, several European powers, among them England, Spain, and the Netherlands, were competing for commercial markets, including the far-east.3 From New York’s perspective, the pivotal event was Henry Hudson’s voyage, when he sailed from Holland on the Halve Maen, and eventually encountered the river that now bears his name.4 Hudson did not plan to come here.5 He was hired by the Dutch * Hon. Albert Rosenblatt, former Judge of the New York Court of Appeals, is currently teaching at NYU School of Law. 1 See COREY SANDLER, HENRY HUDSON: DREAMS AND OBSESSION 18–19 (2007); ADRIAEN VAN DER DONCK, A DESCRIPTION OF NEW NETHERLAND 140 (Charles T.
    [Show full text]
  • Accountability of Law Enforcement Officers in the Use of Deadly Force
    UCLA National Black Law Journal Title Accountability of Law Enforcement Officers in the use of Deadly Force Permalink https://escholarship.org/uc/item/4vz3x42d Journal National Black Law Journal, 7(2) ISSN 0896-0194 Author Harper, Robert Berkley Publication Date 1981 Peer reviewed eScholarship.org Powered by the California Digital Library University of California ACCOUNTABILITY OF LAW ENFORCEMENT OFFICERS IN THE USE OF DEADLY FORCE Robert Berkley Harper* I. INTRODUCTION The importance of law enforcement officers' in today's society is with- out question. It is their unique responsibility to initiate the criminal justice process, 2 as well as to carry-out a myriad of services that benefit society. The majority of law enforcement officers in this country are professional, dedicated individuals who execute their sworn duties in a responsible and judicious manner. Notwithstanding the officers' worth and credibility, a need for accountability exists, as it does within all organizations and agen- cies in both the public and private sectors of our nation. Accountability is of special importance in situations where society permits a class of people to carry deadly weapons to be used against other citizens, since a potential abuse of this granted authority may result. To minimize this potential, the conditions under which this class may act must be strictly controlled. Ac- countability insures that law enforcement officers and agencies function in an effective manner without abuse to the citizenry.3 In recent years interest and concern has heightened in this country con- cerning the death penalty for convicted murderers, yet there has been little interest surrounding the most frequent means by which the states take a life.
    [Show full text]
  • COLLECTION of EUROPEAN PENAL CODES and the STUDY of COMPARATIVE LAW Marc Ancel T
    University of Pennsylvania Law Review FOUNDED 1852 Formerly American Law Register VOL. 106 JANUARY, 1958 No. 3 THE COLLECTION OF EUROPEAN PENAL CODES AND THE STUDY OF COMPARATIVE LAW Marc Ancel t FOREWORD by Louis B. Schwartz t The essay below was written by M. Marc Ancel as an intro- duction to the four-volume compilation of the penal codes currently in force in Europe, edited by himself and Mlle. Yvonne Marx.' Two of the projected four volumes have now appeared, covering in alpha- betical order, the codes of countries from Germany (Allemand) to Greenland. The project is of extraordinary interest and usefulness, since a French version of codes which would otherwise be available only in Swedish, Greek, Russian, etc., makes them much more acces- sible to Americans. But the enterprise would not be as valuable as it is without M. Ancel's analysis of the great tides of thought which, in their ebb and flow, have carried the penal law first in one direction, then almost in the opposite direction. M. Ancel's essay calls for a foreword for several reasons. To begin with, he had a foreword of his own which is here omitted because t Conseiller a la Cour de Cassation (Justice of the French Supreme Court, civil branch). Formerly Editor-in-Chief, International Review of Comparative Law; Sec- retary General, Institute of Comparative Law of the University of Paris; Secretary General, Society of Comparative Legislation. $ Professor of Law, University of Pennsylvania Law School. 1. LEs CODES PENAUX EuRoPEENs (1956) (published by the Centre Frangais de Droit Compare).
    [Show full text]
  • Law and Belief in Three Revolutions
    Valparaiso University Law Review Volume 18 Number 3 Spring 1984 pp.569-629 Spring 1984 Law and Belief in Three Revolutions Harold J. Berman Follow this and additional works at: https://scholar.valpo.edu/vulr Part of the Law Commons Recommended Citation Harold J. Berman, Law and Belief in Three Revolutions, 18 Val. U. L. Rev. 569 (1984). Available at: https://scholar.valpo.edu/vulr/vol18/iss3/1 This Seegers Lecture is brought to you for free and open access by the Valparaiso University Law School at ValpoScholar. It has been accepted for inclusion in Valparaiso University Law Review by an authorized administrator of ValpoScholar. For more information, please contact a ValpoScholar staff member at [email protected]. Berman: Law and Belief in Three Revolutions ValparaisoUniversity Law Review Volume 18 Summer 1984 Number 3 LAW AND BELIEF IN THREE REVOLUTIONS* HAROLD J. BERMAN** I. GENERAL INTRODUCTION ........................... 569 II. THE LUTHERAN REFORMATION AND GERMAN LAW . 572 III. THE PURITAN REVOLUTION AND ENGLISH LAW .... 590 IV. THE ENLIGHTENMENT, THE FRENCH REVOLUTION, AND THE NAPOLEONIC CODES .......................... 613 I. GENERAL INTRODUCTION Periodically in the history of the West there have occurred revolutionary changes in the predominant system of beliefs held by the people of a given country or countries. Thus in the early sixteenth century the rise of Protestantism, especially in its Lutheran form, reflected a major shift in the belief system of most persons-not only of Protestants -living in the numerous polities that then made up the German Empire. Some four generations later, in the mid-seventeenth century, various Calvinist and neo-Calvinist beliefs became predomi- nant in English social life, espoused not only by Puritans and other so-called Non-Conformists but also by many who remained loyal to Anglicanism.
    [Show full text]
  • LAW1111 Monash Notes
    Introduction to Law Definitions Common law = the law made by judges in the exercise of both common law and equitable jurisdiction Statute law = the law made by the Commonwealth, State and Territory Parliaments Equity = equity in human transactions is that which is founded on justice, honesty and right Parliamentary sovereignty = parliament has the right to make, amend or repeal any law—within the limits of the Constitution = Parliament cannot make a law that a future parliament cannot change = parliament takes priority over the executive and judicial arms of government Responsible government = parliamentary accountability = responsive to public opinion Alternative Dispute Resolution / Non-Adversarial Justice = the ways in which disputes are resolved without litigation = negotiation, arbitration, or mediation Law reports = published volumes of the decisions of courts = widen the base of legal knowledge and to prevent two differing decisions on identical facts The crown = the Queen of the UK Legal aid = legal assistance provided by the government = provide vulnerable and disadvantaged Australians with access to justice Judicial independence = separation of powers doctrine = in interpreting and applying the law, judicial officers act independently and without interference from the parliament or the executive Theories of Law Jurisprudence = the study, knowledge or science of law Natural Law Theory = our laws should be based on morality, goodness, and what is inherently correct Legal Positivism = law is a human creation = based
    [Show full text]
  • Mapping Criminal Law: Blackstone and the Categories of English
    Mapping Criminal Law: Blackstone and the Categories of English Jurisprudence* David Lieberman [forthcoming in Norma Landau (ed.), Law, Crime and English Society, 1660-1840 (Cambridge University Press)] I. The Map of English Law John Beattie’s contributions to the historical study of crime and criminal justice have been so formative and so distinguished that it seems almost presumptuous for someone not engaged in this specific field of inquiry to attempt any characterization of his achievement. Still, for the purposes of this essay it is useful to observe some of the important general lessons of his researches for understanding legal change in eighteenth -century England. Beattie, himself, concluded his magisterial account of Crime and the Courts in England, by emphasizing the prominence of this particular theme. During the period 1660-1800, ‘significant changes’ occurred throughout England’s system of criminal justice: ‘in the criminal law, in criminal procedure, in prisons, and in punishment’; and cumulatively these ‘transformed the system of judicial administration’.1 Interpreting this transformation required not only the historical recovery of patterns of crime and their prosecution, but even more a reconstruction of the technical administrative structures and legal processes through which the criminal law was enforced. The transformation of criminal justice, as charted by Beattie, did not occur without public debate and controversy; and on infrequent occasion, as in the (2) case of the 1718 Transportati on Act, it depended critically on parliamentary intervention. But in contrast to the more immediately visible statutory law reforms of the Victorian era, legal change in eighteenth century rarely involved any direct or sweeping dismantling of historical practices and forms.
    [Show full text]
  • 1 Slave Codes and Penal Laws in Eighteenth-Century Jamaica and Ireland
    ‘Slave codes and penal laws’ Slave codes and penal laws in eighteenth-century Jamaica and Ireland: a comparative and historiographical survey* During the long eighteenth century, a period stretching roughly between 1660 and 1840, the British elites of both Ireland and Jamaica faced very similar problems of social control. Both were small and embattled minorities within a society made up mainly of Catholic Irish in the one place and black slaves in the other, who were in general overwhelmingly hostile to elites and unwilling to accept their subordinate status. In Ireland between about 1695 and 1719, the Protestant Ascendancy in the Irish Parliament created a body of laws known as the ‘Penal Laws’ intended to regulate the behaviour of the Catholic Irish population, and to destroy its religious, political, social and economic power. In Jamaica and the West Indies, the planters used colonial assemblies to construct a body of laws known as the slave code, which defined the nature of slavery, the position of slaves, and the power of their masters. Both were comprehensive systems of social control that lasted largely unchanged until they were swept away between 1772 and 1795 in Ireland, and between about 1823 and 1838 in Jamaica and the West Indies. Both have also been the subject of intense reassessment over the past five decades, but have either the codes themselves * I am grateful to James Robertson, David Hayton, Trevor Burnard, Patrick Walsh and the reviewers at the Jamaican Historical Review for their comments, feedback and advice. This article has benefitted from discussions at the conferences on ‘Ireland and the Caribbean in the age of empire’ at Trinity College Dublin in November 2016 and ‘Ireland, the British Empire and the Caribbean’ at University College Dublin in December 2017.
    [Show full text]
  • Danish Law, Part II
    University of Miami Law Review Volume 5 Number 2 Article 3 2-1-1951 Danish Law, Part II Lester B. Orfield Follow this and additional works at: https://repository.law.miami.edu/umlr Recommended Citation Lester B. Orfield, Danish Law, Part II, 5 U. Miami L. Rev. 197 (1951) Available at: https://repository.law.miami.edu/umlr/vol5/iss2/3 This Article is brought to you for free and open access by the Journals at University of Miami School of Law Institutional Repository. It has been accepted for inclusion in University of Miami Law Review by an authorized editor of University of Miami School of Law Institutional Repository. For more information, please contact [email protected]. DANISH LAW DANISH LAW LESTER B. ORFIELD PART II* LOCAL GOVERNMENT In 1841 local government was reformed by introducing parish councils to which the peasants elected some representatives. 233 In turn the parish councils elected members of the county councils. The pastors were no longer to be chairmen of the parish councils, but continued to be members ex officio. The right to vote was extended to owners of but 1.4 acres. The councils were created to deal with school matters and poor relief; but road maintenance, public health, business and industrial licenses, and liquor licenses were also within their province. The right to vote in local elections was long narrowly restricted. Under legislation of 1837 the six largest cities other than Copenhagen chose coun- cilmen on a property basis permitting only seven per cent of the population to vote. Early in the nineteenth century rural communities began to vote for poor law and school officials.
    [Show full text]
  • A Comparative Analysis of the New Penal Laws of New York and Michigan
    Buffalo Law Review Volume 18 Number 2 Symposium: New York's New Penal Article 3 Law 1-1-1969 A Comparative Analysis of the New Penal Laws of New York and Michigan B. J. George Jr. Practising Law Institute Follow this and additional works at: https://digitalcommons.law.buffalo.edu/buffalolawreview Part of the Comparative and Foreign Law Commons, and the Criminal Law Commons Recommended Citation B. J. George Jr., A Comparative Analysis of the New Penal Laws of New York and Michigan, 18 Buff. L. Rev. 233 (1969). Available at: https://digitalcommons.law.buffalo.edu/buffalolawreview/vol18/iss2/3 This Symposium Article is brought to you for free and open access by the Law Journals at Digital Commons @ University at Buffalo School of Law. It has been accepted for inclusion in Buffalo Law Review by an authorized editor of Digital Commons @ University at Buffalo School of Law. For more information, please contact [email protected]. A COMPARATIVE ANALYSIS OF THE NEW PENAL LAWS OF NEW YORK AND MICHIGAN B. J. GEORGE, JR.* F imitation is the sincerest form of flattery, then the drafters of the New York Penal Law should feel flattered, at least by those responsible for pre- paring the proposed Michigan Criminal Code.1 A comparison of the New York statute with the Michigan draft shows substantial similarities in approach, or- ganization and technical terminology, a fact regularly acknowledged in the com- mentaries to the Michigan provisions. There is in fact historical precedent for this. Much early Michigan legisla- tion in the 1840's and 1850's was adapted from the then-new New York codes, and New York decisions were relied on in interpreting the new legislation.
    [Show full text]
  • The Creation and Evolution of Criminal Law in Colonial and Post-Colonial Societies
    Crime, Histoire & Sociétés / Crime, History & Societies Vol. 3, n°1 | 1999 Varia The creation and evolution of criminal law in colonial and post-colonial societies Leslie Sebba Electronic version URL: http://journals.openedition.org/chs/936 DOI: 10.4000/chs.936 ISSN: 1663-4837 Publisher Librairie Droz Printed version Date of publication: 1 January 1999 Number of pages: 71-91 ISBN: 2-600-00356-8 ISSN: 1422-0857 Electronic reference Leslie Sebba, « The creation and evolution of criminal law in colonial and post-colonial societies », Crime, Histoire & Sociétés / Crime, History & Societies [Online], Vol. 3, n°1 | 1999, Online since 03 April 2009, connection on 10 December 2020. URL : http://journals.openedition.org/chs/936 ; DOI : https:// doi.org/10.4000/chs.936 © Droz The creation and evolution of criminal law in colonial and post-colonial societies Leslie Sebba1 Theoretical models of the legislative process are explored in order to seek an explanation of the phenomenon whereby post-colonial democracies frequently retain the legislation adopted by the imperial predecessor. This even applies to criminal codes, in spite of their presumed role in the controlling of colonial populations. A possible explanation is proffered in terms of a bureaucratic model of legislation, which seems to fit both colonial powers and some democracies. Under this model, the character and content of the legislation may depend as much upon the personalities involved in its drafting and promotion, as upon political or structural factors. Cet article examine différents modèles théoriques relatifs au processus législatif afin de rechercher l'explication du fait que les démocraties post- coloniales conservent fréquemment la législation édictée par le pouvoir colonial antérieur.
    [Show full text]
  • The Modern Common Law of Crime
    Journal of Criminal Law and Criminology Volume 111 Issue 2 Article 2 Spring 2021 The Modern Common Law of Crime Robert Leider Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons Recommended Citation Robert Leider, The Modern Common Law of Crime, 111 J. Crim. L. & Criminology 407 (2021). This Article is brought to you for free and open access by Northwestern Pritzker School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern Pritzker School of Law Scholarly Commons. 0091-4169/21/11102-0407 THE JOURNAL OF CRIMINAL LAW & CRIMINOLOGY Vol. 111, No. 2 Copyright © 2021 by Robert Leider Printed in U.S.A. THE MODERN COMMON LAW OF CRIME ROBERT LEIDER* Two visions of American criminal law have emerged. The first vision is that criminal law is statutory and posits that legislatures, not courts, draft substantive criminal law. The second vision, like the first, begins with legislative supremacy, but it ends with democratic dysfunction. On this view, while contemporary American criminal law is statutory in theory, in practice, American legislatures badly draft and maintain criminal codes. This effectively delegates the “real” drafting of criminal law to prosecutors, who form the law through their charging decisions. This Article offers a third vision: that modern American criminal law is primarily conventional. That is, much of our criminal law is defined by unwritten common-law-like norms that are widely acknowledged and generally respected, and yet are not recognized as formal law enforceable in courts.
    [Show full text]