Sentences with phrase «customary law when»
[71] It has never been the case that the courts of the Northern Territory have given precedence to Aboriginal customary law when it conflicts with the written law of the Northern Territory.
https://www.humanrights.gov.au/ Not exact matches
Micah, the Ephraimite, had an image of Yahweh; (Judges 17:3 - 4) Gideon made one out of captured gold; (Judges 8:24 - 27) the teraphim were household gods, human enough in appearance to supply David with a substitute when he fled from his foes; (I Samuel 19:12 - 16 [cf. Genesis 31:17 - 35]-RRB- and, indeed, so customary were «graven images» that while early protests were made, as in the law of Exodus, «Thou shalt make thee no molten gods,» (Exodus 34:17.)
The centrality of traditional practices in Somali society is such that most of the legal interventions even when it comes to sexual violence tends to be undertaken by clan or community authorities through the customary laws structures.
Sharia law has co-existed with Somali customary law throughout Somalia's history and in comparison to customary law, it is protective when it comes to women's rights.
Even if customary international law includes certain basic principles applicable to both internal and international armed conflicts, Appellant argues that such prohibitions do not entail individual criminal responsibility when breaches are committed in internal armed conflicts; these provisions can not, therefore, fall within the scope of the International Tribunal's jurisdiction.
@user6726: While I don't know of any law requiring this, it is customary for federal agents to alert local law enforcement when they are (or plan to) conduct operations within their jurisdiction.
acting on behalf of leading NGOs in the challenge, on the grounds of compliance with customary international law and international treaty law, to the detention of David Miranda when carrying material from the Edward Snowden leaks
Identifying and acknowledging these barriers is important when evaluating the alternative of using Aboriginal Customary Law.
The courts of the Northern Territory when sentencing an Aboriginal offender properly take into account whether he or she has received tribal punishment and whether what he or she has done has been in accordance with Aboriginal customary law and in ignorance of the other laws of the Northern Territory.
Clearly, a person who commits a crime because he is acting in accordance with Aboriginal customary law may be less morally culpable than someone who has acted in an utterly contumelious way without any justification whatsoever and this may in appropriate circumstances be a ground for leniency when sentencing Aboriginal offenders: Hales v Jamalmira (supra).
(129) While the existence of these two courts is undoubtedly crucial for the customary laws of the Maori people to have an impact upon western legal frameworks when dealing with matters of land, no criminal court exists that provides the same forum for the primacy of Maori customary law.