International Legal Systems - Page 6

take a variety of approaches: some apply Islamic in combination with secular law; in others, Islamic is applied in a modified form; and some other countries apply strict Islamic legal interpretations in all courts. Legal interpretation may depend on the branch of Islam practiced within a country. Islamic law generally recognizes a role for victims in the justice system.

Talmudic law applies in some countries and regions with heavily concentrated Jewish populations. The major sources of law in this legal system are the Torah (the first five books of the Old Testament in the Christian western tradition), both written and oral, as well as the Talmud. The Talmud is a written commentary of valuable opinions about the content of the written and oral Torahs. Similar to the importance placed on interpretations of academic scholars and legal experts in the civil law system, the Talmudic legal system also relies on the written opinions of those learned in the law.
 

Other Legal Systems - Customary Law and Hybrid Legal Systems³

Customary law - Countries that do not historically have strong formal justice systems may rely upon customary law. Customary law is generally found at the tribal or local level in districts, counties, and villages, and is a vast set of practices that vary from community to community. These traditional rights and obligations are generally unique to a particular society or culture. Customary law is based on longstanding local customs which greatly shape the ideas of justice. Customary law is often oral, not written. It generally uses a case-by-case approach to dispute resolution. Customary law can sometimes involve informal mediation or arbitration, and typically does not include a formal trial. Customary law frequently becomes a function of tribal or village elders in the absence of a functioning formal justice system, as in a conflict or post-conflict country.

Hybrid Legal Systems - Countries may have mixed legal systems that draw on common law and/or civil law traditions, mixed with customary or religious laws. For example, Islamic law operates alongside civil or common law in some countries. India has a common law system combined with separate personal law codes that apply to Muslims, Christians, and Hindus. Pakistan’s legal system combines common law and Islamic law. Nepal’s legal system combines Hindu legal concepts and common law. The Philippines has a mixed legal system of civil, common, Islamic and customary law. Sri Lanka’s legal system combines civil law, common law and customary law. Most Pacific island countries recognize customary law as well as common law. In some African countries, customary law still has great influence, and local values play a role in informal justice systems and accountability.
 

Types of Courts Hearing Terrorism Cases in Foreign Countries

Terrorism cases are handled in a variety of ways depending on the country. In some countries, terrorism cases are heard in courts with jurisdiction over a wide range of crimes. This means that, for the most part, a terrorism case would follow the same procedure as any other criminal case before that court. The judges would be the same judges as would hear other non-terrorism cases, and the courtroom would be the same, too.

In other countries, terrorism cases are heard in special courts that are intended to focus on the unique issues involved in terrorist crimes. Sometimes these special courts are national courts that specialize in terrorism cases, or slightly different versions of the country’s regular courts.

³ This is not an exhaustive list of hybrid systems, but merely an example of how this occurs within some countries.

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