Digital Commons Network^™

Recovering The Proceeds Of Corruption: A Study On The Effectiveness Of The Implementation Of The United Nations Convention Against Corruption (Uncac), Dr. Salwa Yousef Elekyabi

UAEU Law Journal

Recovering the proceeds of corruption is a relatively new topic in international law. The United Nations Convention against Corruption (UNCAC) marks the first international instrument to deal with the recovery of assets in depth. Therefore, the related provisions to the recovery and return of the proceeds of corruption to their origin countries, from which they were looted, were very welcomed among the delegations participating in the preparatory conferences for the development of the UNCAC convention. This paper examines and analysis the provisions relating to assets recovery as stated in the UNCAC, to assess the extent of their effectiveness in enabling …

Criminal Protection Of The Image Of Person In Human Rights: A Study In The French, Bahraini, And Libyan Legislations, Dr. Mashallah Othman Muhammad

UAEU Law Journal

Individual or personal freedom is a basic and important requirement of the human being in various peoples and throughout the ages. The person has taken a long march of struggle and struggle to defend and protect it, and this has been demonstrated in the affirmation of personal freedom and the rights associated with it in various legislations around the world.

At the forefront of those rights is the human right to prohibit the image and not to take it, publish it or use it without its consent.

The risks to this right have increased with the scientific and technological progress …

Rights And Duties Of Old People In Islam An Illustration Of The Security/ Insurance Systems In Saudi Arabia

UAEU Law Journal

Islam has forereached the west in establishing the rights and duties of old people. This principle is considered, from an Islamic point of view, a means of devotion and worship to God that would achieve security of Muslims in their life and help them acquire god's contentment in the afterlife. Islam jurisprudence is based on bringing about utility and forcing out tribulations. The present study deals with the rights and duties of old people in Islam as stipulated in the Holy Quran and Sunnah. According to these two sources, old people are allowed to get involved in the retirement, social …

Criminal Justice In Juvenile Delinquency, Rana Aloutor

UAEU Law Journal

Childhood is a very important period in human life; therefore certain principles exist to control its rights. Because of its status and importance, the Jordanian legislator, like the French one, treated it with special attention and care.

The existence of specific sustem regime in juvenile delinquency has three dimensions: The content, the procedural and the institutional. First, in the content, it doesn't seem adequate to apply at juvenile delinquency the same penalties as adults, measures of protection and education seem more adequate.

Then, in the procedural, the specifity of juvenile delinquency demands special courts, specialized in the issues related to …

International Criminal Responsibility Of The Individual: A Quantum Leap For Man’S Humanity, Giovanni Distefano

UAEU Law Journal

Properly speaking, international criminal responsibility is not a new chapter of public international law, but rather the recent revival of an old chapter of the Law of Nations. In the recent past, we have seen the emergence of ad hoc international criminal tribunals that is with a limited competence, as established in their statutes.[1] Instead, today’s International Criminal Court enjoys, within its statutory (treaty) limits, a general jurisdiction; it is thus a permanent organ of a general character, mirroring the ICJ in matters of international criminal law. It will also be in charge of the international criminal responsibility of …

Human Rights In The Era Of Artificial Intelligence “Figures, Opinions And Solutions”, Dr. Heidi Issa Hassan

UAEU Law Journal

Technology has cast its shadow on us in most aspects of our lives and nothing has escaped its grip even human intelligence. Human intelligence now has a major rival known as "artificial intelligence" (AI). The main question is can machines think like humans?!

Since AI involves, in part, the dispensation with humans, then it is a matter that affects human rights, regardless of the manifestations, consequences or even scope of this dispensation.

Accordingly, this study has several problems to tackle: 1) the absence of adequate binding national and international provisions governing AI, 2) AI systems involve changing the way businesses …

Mediation As An Adversarial Criminal Resolution Method A Comparative Analysis, Anwar Mohamed Al Massaada, Bashher Zaghlool Zaghlool

UAEU Law Journal

Criminal Mediation is a modern legal system that aims to solve criminal disputes through nontraditional means. Such a system can help in avoiding the regular adjudication of crimes via courts. This system was initially applied in Canada in 1974, then in the United States in 1978. Later on, it started to be implemented in nearly all European countries. This system is based on the idea of solving criminal disputes away from the court's process, but at the same time under its supervision. This operation is assigned to a mediator who meets both parties in order to reach an agreement between …

Criminal Confrontation For Human Trafficking Crimes A Comparative Study, Fatiha Mohammed Gourari

UAEU Law Journal

This study deals with the protection of Human Rights and dignity since human trafficking has become the world's third fastest-growing illegal industry after weapon and drug trading. This study is divided into two sections. The first section examines the rules and principles governing the issue of human trafficking in the UAE national laws, as well as those of France and USA. The second section deals with the rules and principles governing the issue of human trafficking in light of two International Charters: the Palermo Protocol, which was attached to the United Nations Convention on Fighting Organized Crimes, and the Council …

Human Rights In The Light Of International Opportunism: A Study Of The Impact Of The War On Terrorism On Human Rights

UAEU Law Journal

International terrorism reached its peak on September 11, 2001 when four civilian airplanes were hijacked and hit the World Trade Centre in New York and part of the Pentagon in Washington D.C. Such attacks were considered a serious challenge for contemporary societies which called on their military, economic, and political might to declare an open war against international terrorism. This so-called counter terrorism war emerged to shape the new world order. Such war was accompanied by gross violations of public international law, the international human rights law and the international humanitarian law. In fact, some opportunistic régimes found it a …

Individual Criminal Liability According To The Rules Of International Law, Safawan Maqsood

UAEU Law Journal

The principle of individual criminal liability has been recognized by International Law since the Versailles Conference1919. However, this principle became only effective through the Nuremburg and Tokyo International Criminal Tribunals.. The present study discusses the International individual criminal liability which is , now, a major and an undisputed concept of international criminal and a main means to repress international crimes .It further casts light on international crimes which have increased in the last decade of the 20^th Century

The International Criminal Court And The Security Council: Ten Years Of Coexistence Or Conflict?, Mohamed Hasan Alqassimi

UAEU Law Journal

The important role that was hoped to be done by the International Criminal Court requires us to look at the actual practice it has undertaken during the last ten years, and assess the extent to which it had managed to live up to the expectations that were prevalent when it was established, particularly, its role in eliminating the idea of immunity and impunity punishment, which has long been an obstacle to the development of the international criminal system. This paper mainly evaluates the work of the International Criminal Court, particularly in determining the scope of its relationship to the UN …

Procedural Legitimacy Between The Rights Of The Victim And The Accused, Khalid Mustafa Hamid

UAEU Law Journal

This research deals with the subject of procedural legitimacy between the rights of the victim and the accused.

» The convergence of criminal procedures with the concept of rights of the victim is not that surprising, since the ultimate goal of criminal proceedings is to protect the rights recognized by international conventions and national laws to the victim as a human being. Since individuals are not allowed to resort to a private judiciary and the victims are denied the right to retaliation, the State undertook the commitment to enforce justice in society and to ensure its fair distribution to citizens. …

Drafting Methods Of Criminal Legal Texts, Nofal Ali Alsafw

UAEU Law Journal

Criminal law is closely related to the other branches of Law for the sake of achieving the objectives of the legal system .The preparation and drafting stage is the most important stage of the legislative process. In fact, every mistake in the drafting leads to a legislative error, which in turn leads to a judicial error. Therefore, Criminal text must be devoid of any shortages, ambiguity or error, as the development of legislation to address all people of different cognitive levels and cultural backgrounds. It is imperative to use simple wording that is easy and clear to all. "The language …

System Of Electronic Surveillance In The French And Comparative Law French And Comparative Law, Dr Ramy Metwally El-Kady

UAEU Law Journal

The Topic of Electronic Surveillance is one of the modern topics in the field of criminal justice, accounting to the using of modern technologies in the field of implementation of criminal penalties by replacing short-term imprisonment penalties with home detention or restricting the freedom of the person at his home through the use of techniques of electronic surveillance.

This system has proved a success in many developed countries during the treatment of the problem of the negatives arising from the implementation of sanctions of deprivation of liberty in prisons, that some people see it as the corrupt environment that does …

Criminal Procedures In The Inquiry And Preliminary Investigation Stages In The Saudi And French Systems: A Comparative Study, Abdulhamid Al-Hargan

UAEU Law Journal

Given that the newly established Saudi criminal procedural system was influenced by the French criminal procedural system, one of the most advanced and experienced systems in the world, this paper has sought to identify the similarities and differences between the two systems within the context of the inquiry and preliminary investigation stages. Particularly, the study focused on the criminal procedures, the competent authority responsible for exercising them and the rights of the accused. The aim of this paper is to assess the ability of the two systems to achieve the twin goals of the criminal procedural system of protecting the …

Guilty Plea Agreements In The United States Of America: Study The Possibility Of Their Application In The State Of Kuwait And The United Arab Emirates First Section, Meshari Al-Eifan

UAEU Law Journal

In the first section of this study, this study reviews the concept of Guilty Plea Agreements. In addition, this reviews the conditions of validity of these agreements in light of constitutional and legal terms.

Guilty Plea Agreements In The United States Of America: Study On The Possibility Of Their Application In The State Of Kuwait And The United Arab Emirates, Meshari Al-Eifan

UAEU Law Journal

The second section of this study, it reviews the possibility of the application of the Guilty Plea Agreements in the Kuwaiti and UAE legal systems.

The Legal Framework For The Participation Of The Victim During The Preliminary Investigation Procedures: A Comparative Study Between The Jordanian And The Emirati Laws, Dr. Moayed Al-Qudah, Dr. Mamoun Abu Zeitoun

UAEU Law Journal

This paper is written to provide an evaluative, critical, and comparative study of the role of the victims of crime during primary criminal investigation under both the criminal procedural laws of Jordan and United Arab Emirate. It aims to suggest changes to the victim’s role, expectation and extent of positive involvement in criminal proceedings during primary criminal investigation. To achieve this goal, the paper explores the current state of law in both laws on the victims’ rights during this stage of the criminal case, and it goes on to discuss some changes that should be made for the justice system …

The Judicial Mechanism Of Individual Liability Arising From Violations Of International Humanitarian Law: Case Study Of Iraq, Fathi Mohamed Al-Hayani

UAEU Law Journal

International texts and practice reflected the evolution of the status of the individual within the international community, making him eligible for international rights and obligations. This development could have been an appropriate and effective instrument for activating the principle of non-impunity if it had taken its natural course in judicial practice. However, interventions have put an end to the scope of the application of individual criminal responsibility for violations of international humanitarian law, which can be summarized in three directions, which have the combined or separate effect of restricting or preventing the international or internal jurisdiction presumed to be in …