National Security And International Criminal Justice

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National Security and International Criminal Justice

Herwig Roggemann,Petar Šarcevic
National Security and International Criminal Justice Book PDF

Author : Herwig Roggemann,Petar Šarcevic
Publisher : BRILL
Page : 240 pages
File Size : 46,8 Mb
Release : 2021-10-25
Category : Law
ISBN : 9789004481169

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National Security and International Criminal Justice by Herwig Roggemann,Petar Šarcevic Pdf

One of the main problems of the International Ad hoc-tribunals in The Hague and Arusha, as well as of the permanent International Court, concerns the conflict between national security and secrecy interests of sovereign States arising in legal proceedings as a result of evidence interests and the court hearing the case. While an International Criminal Court cannot succeed without the necessary competence for gathering evidence, it can also not succeed if it fails to take account of legitimate national security interests. Written by well-known authors and commentators, the articles in the book deal with this controversy from the point of view of comparative law and legal politics. The topics covered focus on experiences and decisions from the practice of both ad hoc-tribunals, as well as political and legal discussions relating to the Statute and Rules of Procedure and Evidence of the permanent International Criminal Court.

The United States and the International Criminal Court

Sarah B. Sewall,Carl Kaysen
The United States and the International Criminal Court Book PDF

Author : Sarah B. Sewall,Carl Kaysen
Publisher : Rowman & Littlefield Publishers
Page : 284 pages
File Size : 42,5 Mb
Release : 2000-08-28
Category : Law
ISBN : 9781461645962

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The United States and the International Criminal Court by Sarah B. Sewall,Carl Kaysen Pdf

American reluctance to join the International Criminal Court illuminates important trends in international security and a central dilemma facing U.S. Foreign policy in the 21st century. The ICC will prosecute individuals who commit egregious international human rights violations such as genocide. The Court is a logical culmination of the global trends toward expanding human rights and creating international institutions. The U.S., which fostered these trends because they served American national interests, initially championed the creation of an ICC. The Court fundamentally represents the triumph of American values in the international arena. Yet the United States now opposes the ICC for fear of constraints upon America's ability to use force to protect its national interests. The principal national security and constitutional objections to the Court, which the volume explores in detail, inflate the potential risks inherent in joining the ICC. More fundamentally, they reflect a belief in American exceptionalism that is unsustainable in today's world. Court opponents also underestimate the growing salience of international norms and institutions in addressing emerging threats to U.S. national interests. The misguided assessments that buttress opposition to the ICC threaten to undermine American leadership and security in the 21st century more gravely than could any international institution.

The International Criminal Court and National Courts

Nidal Nabil Jurdi
The International Criminal Court and National Courts Book PDF

Author : Nidal Nabil Jurdi
Publisher : Routledge
Page : 332 pages
File Size : 52,7 Mb
Release : 2016-03-03
Category : Law
ISBN : 9781317027317

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The International Criminal Court and National Courts by Nidal Nabil Jurdi Pdf

This book analyzes the position of the ICC in relation to national court systems. The research illustrates that what seemed to be a straight forward relationship between the ICC and national courts under the complementarity mechanism, proves to be much more complex in practice. Using the referrals of Uganda and Darfur, the book demonstrates ways in which it might be possible to prosecute for crimes currently not prosecuted by the ICC and brings to light possible solutions to overcome the gaps in law and practice in the jurisdictional relation between the ICC and national systems. It will be of value to academics, students and policy-makers working in the area of international law, international organizations, and human rights.

International Criminal Justice

Roberto Bellelli
International Criminal Justice Book PDF

Author : Roberto Bellelli
Publisher : Routledge
Page : 706 pages
File Size : 49,8 Mb
Release : 2016-04-22
Category : Law
ISBN : 9781317114277

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International Criminal Justice by Roberto Bellelli Pdf

This volume presents an overview of the principal features of the legacy of International Tribunals and an assessment of their impact on the International Criminal Court and on the review process of the Rome Statute. It illustrates the foundation of a system of international criminal law and justice through the case-law and practices of the UN ad hoc tribunals and other internationally assisted tribunals and courts. These examples provide advice for possible future developments in international criminal procedure and law, with particular reference to their impact on the ICC and on national jurisdictions. The review process of the Rome Statute is approached as a step of a review process to provide a perspective of the developments in the field since the Statute’s adoption in 1998.

The International Criminal Court

Andrew Novak
The International Criminal Court Book PDF

Author : Andrew Novak
Publisher : Springer
Page : 116 pages
File Size : 54,5 Mb
Release : 2015-03-11
Category : Social Science
ISBN : 9783319158327

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The International Criminal Court by Andrew Novak Pdf

This book is about the International Criminal Court (ICC), a new and highly distinctive criminal justice institution with the ability to prosecute the highest-level government officials, including heads of state, even in countries that have not accepted its jurisdiction. The book explores the historical development of international criminal law and the formal legal structure created by the Rome Statute, against the background of the Court’s search for objectivity in a political global environment. The book reviews the operations of the Court in practice and the Court’s position in the power politics of the international system. It discusses and clarifies all stages of an international criminal proceeding from the opening of the investigation to sentencing, reparations, and final appeals in the context of its restorative justice mission. Making appropriate comparisons and contrasts between the international criminal justice system and domestic and national systems, the book fills a gap in international criminal justice study.

Power and Principle

Christopher Rudolph
Power and Principle Book PDF

Author : Christopher Rudolph
Publisher : Cornell University Press
Page : 247 pages
File Size : 55,5 Mb
Release : 2017-04-18
Category : Political Science
ISBN : 9781501708411

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Power and Principle by Christopher Rudolph Pdf

On August 21, 2013, chemical weapons were unleashed on the civilian population in Syria, killing another 1,400 people in a civil war that had already claimed the lives of more than 140,000. As is all too often the case, the innocent found themselves victims of a violent struggle for political power. Such events are why human rights activists have long pressed for institutions such as the International Criminal Court (ICC) to investigate and prosecute some of the world’s most severe crimes: genocide, war crimes, and crimes against humanity. While proponents extol the creation of the ICC as a transformative victory for principles of international humanitarian law, critics have often characterized it as either irrelevant or dangerous in a world dominated by power politics. Christopher Rudolph argues in Power and Principle that both perspectives are extreme. In contrast to prevailing scholarship, he shows how the interplay between power politics and international humanitarian law have shaped the institutional development of international criminal courts from Nuremberg to the ICC. Rudolph identifies the factors that drove the creation of international criminal courts, explains the politics behind their institutional design, and investigates the behavior of the ICC. Through the development and empirical testing of several theoretical frameworks, Power and Principle helps us better understand the factors that resulted in the emergence of international criminal courts and helps us determine the broader implications of their presence in society.

Fighting for Darfur

Rebecca Hamilton
Fighting for Darfur Book PDF

Author : Rebecca Hamilton
Publisher : St. Martin's Press
Page : 274 pages
File Size : 50,6 Mb
Release : 2011-02-01
Category : Political Science
ISBN : 9780230112407

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Fighting for Darfur by Rebecca Hamilton Pdf

Around the world, millions of people have added their voices to protest marches and demonstrations because they believe that, together, they can make a difference. When we failed to stop the genocide in Rwanda in 1994, we promised to never let such a thing happen again. But nine years later, as news began to trickle out of killings in western Sudan, an area known as Darfur, the international community again faced the problem of how the United Nations and the United States government could respond to mass atrocity. Rebecca Hamilton passionately narrates the six-year grassroots campaign to draw global attention to the plight of Darfur's people. From college students who galvanized entire university campuses in the belief that their outcry could save millions of Darfuris still at risk, to celebrities such as Mia Farrow, who spurred politicians to act, to Steven Spielberg, who boycotted the 2008 Summer Olympics in Beijing, Hamilton details how advocacy for Darfur was an exuberant, multibillion-dollar effort. She then does what no one has done to date: she takes us into the corridors of power and the camps of Darfur, and reveals the impact of ordinary people's fierce determination to uphold the mantra of "never again." Fighting for Darfur weaves a gripping story that both dramatizes our moral dilemma and shows the promise and perils of citizen engagement in a new era of global compassion.

National Security, Surveillance and Terror

Randy K. Lippert,Kevin Walby,Ian Warren,Darren Palmer
National Security Surveillance and Terror Book PDF

Author : Randy K. Lippert,Kevin Walby,Ian Warren,Darren Palmer
Publisher : Springer
Page : 368 pages
File Size : 53,5 Mb
Release : 2016-12-01
Category : Social Science
ISBN : 9783319432434

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National Security, Surveillance and Terror by Randy K. Lippert,Kevin Walby,Ian Warren,Darren Palmer Pdf

This edited collection brings together leading scholars to comparatively investigate national security, surveillance and terror in the early 21st century in two major western jurisdictions, Canada and Australia. Observing that much debate about these topics is dominated by US and UK perspectives, the volume provides penetrating analysis of national security and surveillance practices in two under-studied countries that reveals critical insights into current trends. Written by a wide range of experts in their respective fields, this book addresses a fascinating array of timely questions about the relationship among national security, privacy and terror in the two countries and beyond. Chapters include critical assessments of topics such as: National Security Intelligence Collection since 9/11, The Border as Checkpoint in an Age of Hemispheric Security and Surveillance, Unmanned Aerial Vehicles and Law Enforcement, as well as Federal Government Departments and Security Regimes. An engaging and empirically driven study, this collection will be of great interest to scholars of security and surveillance studies, policing, and comparative criminology.

The Politics of International Criminal Law

Holly Cullen,Philipp Kastner,Sean Richmond
The Politics of International Criminal Law Book PDF

Author : Holly Cullen,Philipp Kastner,Sean Richmond
Publisher : Studies in International Crimi
Page : 395 pages
File Size : 49,7 Mb
Release : 2020-12-17
Category : Law
ISBN : 9004372482

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The Politics of International Criminal Law by Holly Cullen,Philipp Kastner,Sean Richmond Pdf

"The Politics of International Criminal Law is an interdisciplinary collection of original research that examines the often noted but understudied political dimensions of International Criminal Law (ICL). As a nascent legal regime that seeks to regulate the longstanding power of states to manage war and crime, ICL faces challenges to its legitimacy, including disagreement over its aims and effectiveness; inequality in the work of its institutions; and opposition from dominant countries. The editors bring together eleven senior and emerging scholars and practitioners from Europe, Asia, Africa, Australia and North America to analyse these challenges from an illuminating range of theoretical and empirical perspectives. Taken together, the collection ultimately helps advance our understanding of the particularly charged relationship between law and politics in ICL"--

Judicial Review of National Security

David Scharia
Judicial Review of National Security Book PDF

Author : David Scharia
Publisher : Terrorism and Global Justice
Page : 296 pages
File Size : 40,5 Mb
Release : 2015
Category : Law
ISBN : 9780199393367

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Judicial Review of National Security by David Scharia Pdf

Here, David Scharia explains how the Supreme Court of Israel developed unconventional judicial review tools and practices that allowed it to provide judicial guidance to the Executive in real-time. In this book, he argues that courts could play a much more dominant role in reviewing national security, and demonstrates the importance of intensive real-time inter-branch dialogue with the Executive, as a tool used by the Israeli Court to provide such review.

International and Comparative Criminal Justice

Mark J. Findlay
International and Comparative Criminal Justice Book PDF

Author : Mark J. Findlay
Publisher : Routledge
Page : 403 pages
File Size : 40,5 Mb
Release : 2013-06-19
Category : Social Science
ISBN : 9781136184147

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International and Comparative Criminal Justice by Mark J. Findlay Pdf

International criminal justice is in transition. This book explores the growing internationalisation of criminal justice as a phenomenon of global governance. It provides students with a critical understanding of the international institutions for regulating transnational crime, the development of alternative justice processes across the globe, and international and supra-national co-operation criminal justice policies and practices. Key topics covered include: The historical development of International Criminal Justice institutions and traditions International Restorative Justice Victim communities and collaborative justice The relationship between crime and war International Human Rights The ‘War on Terror’ The globalisation of crime and control Developments in global governance, communitarian justice and accountability This text will familiarize students with the literature and debates surrounding international criminal justice and enable them to critically appreciate their theoretical and policy context. In doing so, it encourages students to assess the strengths and weaknesses of different approaches to the study of global justice and the analysis of comparative policy convergence and research. It will also help students to reflect on, and communicate in an informed and critical way theoretical accounts and empirical studies within the field of international criminal justice. This book will be essential reading for upper level undergraduates taking courses in criminal law, international relations and governance and postgraduates engaged in international criminal justice, international law, regulation and governance and human rights.

Justice As Message

Carsten Stahn
Justice As Message Book PDF

Author : Carsten Stahn
Publisher : Oxford University Press, USA
Page : 481 pages
File Size : 51,5 Mb
Release : 2020-05-28
Category : Law
ISBN : 9780198864189

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Justice As Message by Carsten Stahn Pdf

International criminal justice relies on messages, speech acts, and performative practices in order to convey social meaning. Major criminal proceedings, such as Nuremberg, Tokyo, and other post-World War II trials have been branded as 'spectacles of didactic legality'. However, the expressive and communicative functions of law are often side-lined in institutional discourse and legal practice. This innovative work brings these functions centre-stage, developing the idea of justice as message and outlining the expressivist foundations of international criminal justice in a systematic way. Professor Carsten Stahn examines the origins of the expressivist theory in the sociology of law and the justification of punishment, its articulation in practice, and its broader role as method of international law. He shows that expression and communication is not only an inherent part of the punitive functions of international criminal justice, but is represented in a whole spectrum of practices: norm expression and diffusion, institutional actions, performative aspects of criminal procedures, and repair of harm. He argues that expressivism is not a classical justification of justice or punishment on its own, but rather a means to understand its aspirations and limitations, to explain how justice is produced and to ground punishment rationales. This book is an invitation to think beyond the confines of the legal discipline, and to engage with the multidisciplinary foundations and possibilities of the international criminal justice project.

Security and Human Rights

Benjamin J Goold,Liora Lazarus
Security and Human Rights Book PDF

Author : Benjamin J Goold,Liora Lazarus
Publisher : Bloomsbury Publishing
Page : 535 pages
File Size : 47,9 Mb
Release : 2019-09-05
Category : Law
ISBN : 9781849467308

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Security and Human Rights by Benjamin J Goold,Liora Lazarus Pdf

This is the second edition of the acclaimed Security and Human Rights, first published in 2007. Reconciling issues of security with a respect for fundamental human rights has become one of the key challenges facing governments throughout the world. The first edition broke the disciplinary confines in which security was often analysed before and after the events of 11 September 2001. The second edition continues in this tradition, presenting a collection of essays from leading academics and practitioners in the fields of criminal justice, public law, privacy law, international law, and critical social theory. The collection offers genuinely multidisciplinary perspectives on the relationship between security and human rights. In addition to exploring how the demands of security might be reconciled with the protection of established rights, Security and Human Rights provides fresh insight into the broader legal and political challenges that lie ahead as states attempt to control crime, prevent terrorism, and protect their citizens. The volume features a set of new essays that engage with the most pressing questions facing security and human rights in the twenty-first century and is essential reading for all those working in the area.

Principles of Evidence in International Criminal Justice

Karim A. A. Khan,Caroline Buisman,Christopher Gosnell
Principles of Evidence in International Criminal Justice Book PDF

Author : Karim A. A. Khan,Caroline Buisman,Christopher Gosnell
Publisher : Unknown
Page : 876 pages
File Size : 48,7 Mb
Release : 2010
Category : Law
ISBN : 9780199588923

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Principles of Evidence in International Criminal Justice by Karim A. A. Khan,Caroline Buisman,Christopher Gosnell Pdf

Principles of Evidence in International Criminal Justice provides an overview of the procedure and practice concerning the admission and evaluation of evidence before the international criminal tribunals. The book is both descriptive and critical and its emphasis is on day-to-day practice, drawing on the experience of the Yugoslavia, Rwanda and Sierra Leone Tribunals. This book is an attempt to define and explain the core principles and rules that have developed at those ad hoc Tribunals; the rationale and origin of those rules; and to assess the suitability of those rules in the particular context of the International Criminal Court which is still at its early stages. The ICC differs in structure from the ad hoc Tribunals and approaches the legal issues it has to resolve differently from its predecessors. The ICC is however confronted with many of the same questions. The book examines the differences between the ad hoc Tribunals and the ICC and seeks to offer insights as to how and in which circumstances the principles established over years of practice at the ICTY, ICTR and SCSL may serve as guidance to the ICC practitioners of today and the future. The contributors represent a cross-section of the practicing international criminal bar, drawn from the ranks of the Bench, the Prosecution and the Defence and bringing with them different legal domestic cultures. Their mixed background underlines the recurring theme in this book which is the manner in which a legal culture has gradually taken shape in the international Tribunals, drawing on the various traditions and experiences of its participants.

Changing of the Guards

Alex Luscombe,Kevin Walby,Derek Silva
Changing of the Guards Book PDF

Author : Alex Luscombe,Kevin Walby,Derek Silva
Publisher : UBC Press
Page : 318 pages
File Size : 53,7 Mb
Release : 2022-06-15
Category : Law
ISBN : 9780774866873

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Changing of the Guards by Alex Luscombe,Kevin Walby,Derek Silva Pdf

Although service outsourcing has spread throughout Canada’s prisons and jails, into its police, courts, and national security institutions, and along the border in recent decades, the expanding scope and pace of corporate involvement in criminal justice functions has not yet been closely investigated. Changing of the Guards provides a detailed assessment of privatization and private influence across the twenty-first-century Canadian criminal justice system. It illuminates the many consequences of public–private arrangements for law and policy, transparency, accountability, the administration of justice, equity, and the public. This trenchant analysis raises issues that are relevant in Canada and abroad.