Possibilities of internationalizing the penal policy in the field of criminalization
DOI:
https://doi.org/10.35246/v49xhn04Keywords:
internationalization, penal policy, globalization, international cooperationAbstract
The penal policy has an essential role in guiding the legislator to determine the interests worthy of penal protection. which are numerous and varied according to the circumstances and needs of each society, and that determining those interests within the community is closely related to the culture of that society and its political, economic and social systems, and given the diversity of societies in their culture and systems, so they vary -Generally- its penal policies accordingly. But this does not preclude the existence of common criminalization shared by all the legislations of the countries of the world. and which agree to criminalize all religions and human beliefs and international covenants, which pave the way for the possibility of developing and expanding the scope of the penal policy in the field of criminalization through the adoption of the internationalization system as a mechanism To develop and expand the scope of the penal policy. That is why we called the topic of the research the means of internationalizing the penal policy in the field of criminalization.
Downloads
References
After the Holy Quran
First: References in Arabic
A- Dictionaries of the language and miscellaneous
I- Giddens, Anthony, 2005, Sociology, translated and presented by Dr. Fayez Al-Sayyagh, Arab Organization for Translation, 1st edition, Turgeman Foundation, Beirut, Lebanon.
II- Schlitz, Joseph, 2003, Globalization and its Discontents, translated by Faleh Hilmi, reviewed by Dr. Mazhar Muhammad Salih, 1st edition, Bayt al-Hikma, Baghdad.
III-D. Issani, Rahima Al-Tayeb, 2010, Media globalization and its impact on foreign satellite TV viewers, The World of Modern Books, Irbid, Jordan.
IV-D. Abdel Salam, Reda, The collapse of globalization. Does history really repeat itself and contemporary globalization collapse as it collapsed in its first wave with the Great Depression? Presented by: Dr. Ali Lutfi, and Dr. Ahmed Jamal al-Din Musa, Dar al-Kutub al-Arabiyya, (no year of publication)
V-D. Gedel, Ammar, Dr. Al-Salahin, Abdel Majeed, Dr. Wreikat, Abdul Karim, 2002, Globalization from a Sharia Perspective, Al-Hamid Publishing and Distribution, Jordan, Amman.
VI- Al-Tamimi, Raad Sami Abdel-Razzaq, 2008, Globalization and Sustainable Human Development in the Arab World, Dar Degla, Amman, Jordan.
VII- Jamadan, Aziza Abdel Aziz, 2012, Dictionary of Crises and Disasters Terms, 1st edition, (no place of publication).
VIII-D. Al-Jasour, Nazem Abdel Wahed, 2008, Encyclopedia of Political, Philosophical and International Terms, 1st edition, Dar Al-Nahda Al-Arabiya, Beirut.
B- General legal references
I- Al-Shammari, Khaled Tohme, 2005, International Criminal Law, 2nd edition, Kuwait.
II-D. Al-Shazly, Fattouh Abdullah, 2016, International Criminal Law, Book One, Priorities of International Criminal Law, General Theory of International Crime, 3rd edition, University Press House, Alexandria.
III-D. Sorour, Ahmed Fathi, 2005, The New World between Economics, Politics and Law (Views in a Changing World), Dar Al-Shorouk, Cairo.
IV-D. Sorour, Ahmed Fathi, 2003, Views in a Changing World, 1st edition, Dar Al-Shorouk, Cairo.
V-D. Daoud, Raed Fawzi, 2003, The Idea of Internationalization in International Law and its Applications in Light of the United Nations Resolutions Related to the City of Jerusalem, 1st edition, Emirates Center for Strategic Studies and Research, (no place of publication).
VI-D. Al-Jumaili, Abdul-Jabbar Rashid, 2015, The globalization of international criminal law and its impact on maintaining international peace and security, 1st edition, Al-Halabi Legal Publications, Beirut.
VII-D. Ragheef, Abdel Razzaq, 2021, Criminal Liability of the Terrorist Organization (ISIS) for Violations of International Humanitarian Law, Iraq as a Model, 1st edition, Al-Halabi Human Rights Publications, Beirut.
VIII-D. Alwan, Abdul Karim, 2006, The Mediator in Public International Law, Book Three, Human Rights, 1st edition, Dar Al-Thaqafa for Publishing and Distribution, Amman, Jordan.
IX-D. Al-Qahwaji, Ali Abdel Qader, 2001, International Criminal Law, The Most Important International Crimes and International Criminal Courts, 1st edition, Al-Halabi Legal Publications, Beirut.
X-D. Sabry, Muhammad, 1957, The Canal Book, Secrets of the Internationalization Issue, and the 1888 Agreement, 2nd edition, published in a book by the former President of the Republic of Egypt, Gamal Abdel Nasser, (no place of publication).
XI-D. Torar, Helen, 2004, The Internationalization of National Constitutions, translated by: Basil Youssef, presented by: Dr. Akram Al-Wattari, House of Wisdom, Baghdad.
XII-D. Youssef, Youssef Hassan, 2011, The Criminal Responsibility of the Head of State for International Crimes, Al-Ma’arif Establishment, Alexandria.
XIII-D. Youssef, Youssef Hassan, 2011, Human Rights and International Covenants, 1st edition, National Center for Legal Publications, Cairo.
XIV-D. Al-Maliki, Hadi Naeem, 2011, Introduction to the Study of International Human Rights Law, 2nd edition, Al-Sanhouri Library, Baghdad.
XV - Al -Sarraf, Rana Abdel Moneim Yahya Ahmed, 2015, the interest considered in criminalizing money assault - a comparative study -, the new university house, Alexandria.
XVI- Judge Cassese, Antonio, International Criminal Law, 1st edition, Sader Publishers Library.
C- University theses and dissertations
I- Sajet, Hussein Hadi, 2016, The Theory of Internationalization of Constitutions and its Application in Arab Laws, Master’s Thesis, College of Law/Dhi Qar University.
II- Al-Obaidi, Khaled Akab Hassoun, 2004, The Principle of Complementarity in the International Criminal Court, Master’s Thesis, College of Law/University of Babylon.
III-D. Ahmed, Ahmed Abdel-Gawad Magdy, 2016, The Theory of Interest - A Comparative Study between Shari’a View and Positive Concept, Doctoral Dissertation, Faculty of Law/Alexandria University, Department of Islamic Sharia.
IV-D. Al-Shammari, Kazem Abdullah, 2001, Interpretation of Penal Texts - A Comparative Study of Islamic Jurisprudence - Doctoral Dissertation, College of Law / University of Baghdad.
V- Sufyan, Dakhlafi, 2008, The Principle of Universal Jurisdiction in International Criminal Law, Master’s Thesis in International Law and International Relations, Faculty of Law/University of Algiers, Youssef Ben Khaddah.
VI- Abdul Jalil, Zeina, 2019, Self-criminalization and punishment in private laws, a comparative study, Master’s thesis, College of Law/University of Baghdad.
VII- Al-Sinjari, Silwan Rashid Anjo, 2004, International Human Rights Law and State Constitutions, doctoral thesis, College of Law, University of Mosul.
VIII- Al-Far, Sherif Abdel Wahed, 2014, International Standards of Criminal Justice, a fundamental study in light of the Statute of the International Criminal Court, doctoral thesis, Faculty of Law, Ain Shams University.
IX- Makhamra, Sherihan Jamil, 2013, Internationalizing Constitutions, Master’s Thesis, Middle East University/Faculty of Law. –
XI- Mahalaine, Nabila, 2019, Internationalization of Constitutions in the Field of Human Rights, Master’s Thesis, Larbi Ben M’hidi University - Oum El Bouaghi, Faculty of Law and Political Sciences, Faculty of Law, Department of Law, Algeria.
XII- Zia, Nagham Ishaq, 2004, a study in international humanitarian law and international human rights law, doctoral thesis, College of Law/University of Mosul.
D) Research
I- .D. Ghannam, Ghannam Muhammad, 2001, Combating the phenomenon of money laundering in the era of globalization, research presented to the Conference on Crime Prevention in the Age of Globalization, College of Sharia and Law/United Arab Emirates University.
II-D. Abdullah, Abdul Khaleq, 1999, Globalization, its roots and branches, and how to deal with it, World of Thought Magazine, Issue (2), Volume (28), Kuwait.
III-D. Mohamed, Mohamed Nasr, 2018, The Rules of Public International Law in the Internationalization of Peaceful Uses of Nuclear Energy, Journal of Legal and Political Sciences, Volume (9), Issue (2), Cairo.
IV- Dr. Hisham, Bukhoush, 2017, The globalization of criminal laws to confront the globalization of crime, Journal of Legal and Political Studies, Ammar Athliji University, Issue (5), Volume (1), Balaghouat, Algeria.
V-D. Al-Qahwaji, Ali Abdul Qader, 2006, The Principle of Legitimacy of Crimes and Punishments in International Criminal Law, Kuwait International Law School Journal, Issue (2), Year (8), 2020.
VI-D. Al-Shammari, Kazem Abdullah, The Subjectivity of Criminal Law, Babylon University Journal, Administrative and Legal Sciences, Volume (11), Issue (6).
VII- Hammash, Abdel Salam Ahmed, 2011, A Study of the Concept of Internationalization and its Uses in Public International Law, Studies in Sharia and Law Sciences, Middle East University, Volume (38), Issue (2), Amman - Jordan.
VIII- Ghizlane, Felij, 2019-2020, International Criminal Law and Justice, published lectures, Department of Public Law, Abu Bakr Belkaid University of Tlemcen, Faculty of Legal and Political Sciences, Algeria.
IX-M. Kazem, Thaer Rahim, 2009, Globalization, Citizenship and Identity, research into the impact of globalization on national and local belonging in societies, Al-Qadisiyah Journal of Arts and Educational Sciences, Issue (1), Volume (8), Iraq.
E- International conventions
I- Rome Statute of 1998.
F- Regional and international reports:
I- Bin Khadra, Counselor Muhammad Radwan, 2004, Counselor Sharif Altam, the second annual report on the application of international humanitarian law at the Arab level, issued in coordination between the General Secretariat of the League of Arab States and the International Committee of the Red Cross, (no place of publication).
G- Websites
I- Contemporary Arabic Dictionary, www.arabdict.com, last visit (1/20/2021)
II- Al-Buraq Dictionary of Linguistic Vocabulary https://www.alburaq.net/meaning. Last visit: (2/20/2021).
III- The impact of globalization on state sovereignty, an article published in 2009. http://bohothe.blogspot.com Last visit: (1/2/2021).
Second: References in foreign languages
I- Catherine Seville, 2006, The Internationalisation of Copyright Law , Published in the United States of America by Cambridge University Press, New York .
Downloads
Published
Issue
Section
License
This work is licensed under a Creative Commons Attribution 4.0 International License.
Copyright and Licensing:
For all articles published in Journal of Legal Sciences, copyright is retained by the authors. Articles are licensed under an open access Creative Commons CC BY 4.0 license, meaning that anyone may download and read the paper for free. In addition, the article may be reused and quoted provided that the original published version is cited. These conditions allow for maximum use and exposure of the work.
Reproducing Published Material from other Publishers: It is absolutely essential that authors obtain permission to reproduce any published material (figures, schemes, tables or any extract of a text) which does not fall into the public domain, or for which they do not hold the copyright. Permission should be requested by the authors from the copyrightholder (usually the Publisher, please refer to the imprint of the individual publications to identify the copyrightholder).
Permission is required for: Your own works published by other Publishers and for which you did not retain copyright.
Substantial extracts from anyones' works or a series of works.
Use of Tables, Graphs, Charts, Schemes and Artworks if they are unaltered or slightly modified.
Photographs for which you do not hold copyright.
Permission is not required for: Reconstruction of your own table with data already published elsewhere. Please notice that in this case you must cite the source of the data in the form of either "Data from..." or "Adapted from...".
Reasonably short quotes are considered fair use and therefore do not require permission.
Graphs, Charts, Schemes and Artworks that are completely redrawn by the authors and significantly changed beyond recognition do not require permission.
Obtaining Permission
In order to avoid unnecessary delays in the publication process, you should start obtaining permissions as early as possible. If in any doubt about the copyright, apply for permission. Journal of Legal Sciences cannot publish material from other publications without permission.
The copyright holder may give you instructions on the form of acknowledgement to be followed; otherwise follow the style: "Reproduced with permission from [author], [book/journal title]; published by [publisher], [year].' at the end of the caption of the Table, Figure or Scheme.