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This book begins with the belief that, if a moral principle cannot be identified in the language of the law, if law is not underpinned by a moral understanding of the norm, if the moral accusation is not attached to the violations of certain indispensable norms of the law, then we are violating the peremptory character of the universality of the moral law. The book vicariously objects to any dispute for the advantage of the impunity of those who have cruelly contravened the corpus juris of international peremptory criminal law. What justifies the law in recognizing certain principles as peremptory derives from the highest genetic merit for the international human community as a whole. Here, the term ‘peremptory’, for classical morality, is seen to encompass love for the spirit of truth, for the strength of equality of arms and for the reaffirmation of the value of the essence of man where its infringements violate the indispensable universal rights of nature. This is regardless of whether its perpetrators are Western or non-Western.

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9781527571013

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Farhad Malekian is a Distinguished Visiting Professor and the Founder and Director of the Institute of International Criminal Law, Sweden. He has been one of the distinguished leading authorities in the field of comparative international criminal law and procedure in the 20th century. Since 1986, his books have been described in correspondence as a ‘workman-like job, in covering significant facets of the law’, by the Secretary-General of the United Nations Javier Pérez de Cuéllar, Professor Gerhard von Glahn, Distinguished Professor Gerhard O.W. Mueller, and Professor Roberto Ago, a judge of the International Court of Justice and Special Rapporteur of the International Law Commission, as well as a number of other established international publicists.

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