New article by Dr. Iryna Marchuk in the Criminal Law Forum – University of Copenhagen

CILCC > News > New article by Dr. Iry...

11 January 2013

New article by Dr. Iryna Marchuk in the Criminal Law Forum

Iryna Marchuk Dr. Iryna Marchuk, a member of the Centre for International Law and Justice (CILJ), co-authored with Dr. Mohamed Elewa Badar a comprehensive 50-page article entitled ‘A Comparative Study of the Principles Governing Criminal Responsibility in the Major Legal Systems of the World - England, Canada, United States, Germany, France, Denmark, Russia, China, and Islamic Legal Tradition’ that was published at the reputable international journal Criminal Law Forum on January 1, 2013.

The article is accessible at the following link

By examining the concept of a crime in selected legal jurisdictions this work reveals common denominators that exist in all world major jurisdictions and warns against the technical comparison of legal terms, which leads to nothing less than confusion. The major findings of this paper are of particular interest to international criminal lawyers due to the lack of comparative analysis of substantive law notions in the jurisprudence of international criminal courts and tribunals, which has obviously affected the quality and strengths of court findings. It appears that the transposition of legal terms into the terrain of international criminal law has been mostly of technical nature rather than accompanied by the meticulous comparative legal analysis. It is only the emphasis on general principles derivative from many world legal jurisdictions accompanied by the meticulous comparative analysis that could truly attest to the fact that international criminal law is a unique amalgam of world legal practices without undermining its status as a distinct area of international law.