International And Comparative Criminal Justice

Author: Mark J. Findlay
Publisher: Routledge
ISBN: 1136184155
Size: 80.40 MB
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International And Comparative Criminal Justice. 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.

Counter Terrorism Human Rights And The Rule Of Law

Author: Aniceto Masferrer
Publisher: Edward Elgar Publishing
ISBN: 178195447X
Size: 68.34 MB
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Counter Terrorism Human Rights And The Rule Of Law. ŠA deep and thoughtful exploration of counter-terrorism written by leading commentators from around the globe. This book poses critical questions about the definition of terrorism, the role of human rights and the push by many governments for more secu

Routledge Handbook Of Law And Terrorism

Author: Genevieve Lennon
Publisher: Routledge
ISBN: 113445516X
Size: 25.83 MB
Format: PDF, Docs
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Routledge Handbook Of Law And Terrorism. In the years since 9/11, counter-terrorism law and policy has proliferated across the world. This handbook comprehensively surveys how the law has been deployed in all aspects of counter-terrorism. It provides an authoritative and critical analysis of counter-terrorism laws in domestic jurisdictions, taking a comparative approach to a range of jurisdictions, especially the UK, the US, Australia, Canada, and Europe. The contributions to the book are written by experts in the field of terrorism law and policy, allowing for discussion of a wide range of regulatory responses and strategies of governance. The book is divided into four parts, reflective of established counter-terrorism strategic approaches, and covers key themes such as: Policing and special powers, including surveillance Criminal offences and court processes Prevention of radicalisation and manifestations of extremism Protective/preparative security The penology of terrorism In addressing counter-terrorism laws across a broad range of topics and jurisdictions, the handbook will be of great interest and use to researchers, students and practitioners in criminal law, counter-terrorism, and security studies.

Rogue Justice

Author: Karen J. Greenberg
Publisher: Crown
ISBN: 0804138222
Size: 60.38 MB
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Rogue Justice. The definitive account of how America’s War on Terror sparked a decade-long assault on the rule of law, weakening our courts and our Constitution in the name of national security. The day after September 11, President Bush tasked the attorney general with preventing another terrorist attack on the United States. From that day forward, the Bush administration turned to the Department of Justice to give its imprimatur to activities that had previously been unthinkable—from the NSA’s spying on US citizens to indefinite detention to torture. Many of these activities were secretly authorized, others done in the light of day. When President Obama took office, many observers expected a reversal of these encroachments upon civil liberties and justice, but the new administration found the rogue policies to be deeply entrenched and, at times, worth preserving. Obama ramped up targeted killings, held fast to aggressive surveillance policies, and fell short on bringing reform to detention and interrogation. How did America veer so far from its founding principles of justice? Rogue Justice connects the dots for the first time—from the Patriot Act to today’s military commissions, from terrorism prosecutions to intelligence priorities, from the ACLU’s activism to Edward Snowden’s revelations. And it poses a stark question: Will the American justice system ever recover from the compromises it made for the war on terror? Riveting and deeply reported, Rogue Justice could only have been written by Karen Greenberg, one of this country’s top experts on Guantánamo, torture, and terrorism, with a deep knowledge of both the Bush and Obama administrations. Now she brings to life the full story of law and policy after 9/11, introducing us to the key players and events, showing that time and again, when liberty and security have clashed, justice has been the victim. — Kirkus, Best Books of 2016

Dirty Assets

Author: Professor Clive Walker
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409462536
Size: 78.65 MB
Format: PDF
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Dirty Assets. Adopting a multi-disciplinary and comparative approach, this book focuses on the emerging and innovative aspects of attempts to target the accumulated assets of those engaged in criminal and terrorist activity, organized crime and corruption. With contributions from leading international academics and practitioners in the fields of law, economics, financial management, criminology, sociology and political science, the book explores law and practice in countries with significant problems and experiences, revealing new insights into these dilemmas. It also discusses the impact of the ‘follow-the-money’ approach on human rights while also assessing effectiveness.

Towards A Victimology Of State Crime

Author: Dawn L. Rothe
Publisher: Routledge
ISBN: 1134962037
Size: 17.12 MB
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Towards A Victimology Of State Crime. State crime victimization often leaves a legacy of unrecognized victims that are ignored, forgotten, or negated the right to be labeled as such. Victims are often glossed over, as the focus is on a state’s actions or inactions rather than the subsequent victimization and victims. Towards a Victimology of State Crime serves to highlight the forgotten victims, processes and cases of revictimization within a sociological, criminological framework. Contributors include expert scholars of state crime and victimology from North America, Europe, Africa, and Latin America to provide a well-rounded focus that can address and penetrate the issues of victims of state crime. This includes a diverse number of case study examples of victims of state crime and the systems of control that facilitate or impede addressing the needs of victims. Additionally, with the inclusion of a section on controls, this volume taps into an area that is often overlooked: the international level of social control in relation to a victimology of state criminality.

Fighting At The Legal Boundaries

Author: Kenneth Watkin OMM, CD, QC
Publisher: Oxford University Press
ISBN: 0190457988
Size: 66.54 MB
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Fighting At The Legal Boundaries. The international law governing armed conflict is at a crossroads, as the formal framework of laws designed to control the exercise of self-defense and conduct of inter-state conflict finds itself confronted with violent 21st Century disputes of a very different character. Military practitioners who seek to stay within the bounds of international law often find themselves applying bodies of law-IHRL, IHL, ICL-in an exclusionary fashion, and adherence to those boundaries can lead to a formal and often rigid application of the law that does not adequately address contemporary security challenges. Fighting at the Legal Boundaries offers a holistic approach towards the application of the various constitutive parts of international law. The author focuses on the interaction between the applicable bodies of law by exploring whether their boundaries are improperly drawn, or are being interpreted in too rigid a fashion. Emphasis is placed on the disconnect that can occur between theory and practice regarding how these legal regimes are applied and interact with one another. Through a number of case studies, Fighting at the Legal Boundaries explores how the threat posed by insurgents, terrorists, and transnational criminal gangs often occurs not only at the point where these bodies of law interact, but also in situations where there is significant overlap. In this regard, the exercise of the longstanding right of States to defend nationals, including the conduct of operations such as hostage rescue, can involve the application of human rights based law enforcement norms to counter threats transcending the conflict spectrum. This book has five parts: Part I sets out the security, legal, and operational challenges of contemporary conflict. Part II focuses on the interaction between the jus ad bellum, humanitarian law and human rights, including an analysis of the historical influences that shaped their application as separate bodies of law. Emphasis is placed on the influence the proper authority principle has had in the human rights based approach being favored when dealing with "criminal" non-State actors during both international and non-international armed conflict. Part III analyzes the threats of insurgency and terrorism, and the state response. This includes exploring their link to criminal activity and the phenomenon of transnational criminal organizations. Part IV addresses the conduct of operations against non-State actors that span the conflict spectrum from inter-state warfare to international law enforcement. Lastly, Part V looks at the way ahead and discusses the approaches that can be applied to address the evolving, diverse and unique security threats facing the international community.

The New Normal

Author: Amitai Etzioni
Publisher: Transaction Publishers
ISBN: 1412855268
Size: 19.28 MB
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The New Normal. Amitai Etzioni argues that societies must find a way to balance individual rights and the common good. This point of balance may change as new technologies develop, the natural and international environments change, and new social forces arise. Some believe the United States may be unduly shortchanging individual rights that need to be better protected. Specifically, should the press be granted more protection? Or should its ability to publish state secrets be limited? Should surveillance of Americans and others be curtailed? Should American terrorists be treated differently from others? How one answers these questions, Etzioni shows, invites a larger fundamental question: Where is the proper point of balance between rights and security? Etzioni implements the social philosophy, “liberal communitarianism.” Its key assumptions are that neither individual rights nor the common good should be privileged, that both are core values, and that a balance is necessary between them. Etzioni argues that we need to find a new balance between our desire for more goods, services, and affluence, particularly because economic growth may continue to be slow and jobs anemic. The key question is what makes a good life, especially for those whose basic needs are sated.

The Extraordinary Chambers In The Courts Of Cambodia

Author: Simon M. Meisenberg
Publisher: Springer
ISBN: 9462651051
Size: 21.72 MB
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The Extraordinary Chambers In The Courts Of Cambodia. This book is the first comprehensive study on the work and functioning of the Extraordinary Chambers in the Courts of Cambodia (ECCC). The ECCC were established in 2006 to bring to trial senior leaders and those most responsible for serious crimes committed under the notorious Khmer Rouge regime. Established by domestic law following an agreement in 2003 between the Kingdom of Cambodia and the UN, the ECCC’s hybrid features provide a unique approach of accountability for mass atrocities. The book entails an analysis of the work and jurisprudence of the ECCC, providing a detailed assessment of their legacies and contribution to international criminal law. The collection, containing 20 chapters from leading scholars and practitioners with inside knowledge of the ECCC, discuss the most pressing topics and its implications for international criminal law. These include the establishment of the ECCC, subject matter crimes, joint criminal enterprise and procedural aspects, including questions regarding the trying of frail accused persons and the admission of torture statements into evidence. Simon M. Meisenberg is an Attorney-at-Law in Germany, formerly he was a Legal Advisor to the ECCC and a Senior Legal Officer at the Special Court for Sierra Leone. Ignaz Stegmiller is Coordinator for the International Programs of the Faculty of Law at the Franz von Liszt Institute for International and Comparative Law, Giessen, Germany.

Countering Terrorism

Author: Martha Crenshaw
Publisher: Brookings Institution Press
ISBN: 0815727658
Size: 10.78 MB
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Countering Terrorism. Can We Construct a Grand Strategy to Counter Terrorism? Fifteen years after September 11, the United States still faces terror threats—both domestic and foreign. After years of wars, ever more intensive and pervasive surveillance, enhanced security measures at major transportation centers and many attempts to explain who we are fighting and why and how to fight them, the threats continue to multiply. So, too, do our attempts to understand just what terrorism is and how to counter it. Two leaders in the field of terrorism studies, Martha Crenshaw and Gary LaFree, provide a critical look at how we have dealt with the terror threat over the years. They make clear why it is so difficult to create policy to counter terrorism. The foes are multiple and often amorphous, the study of the field dogged by disagreement on basic definitional and methodological issues, and the creation of policy hobbled by an exacting standard: the counterterrorist must succeed all the time, the terrorist only once. As Countering Terrorism shows, there are no simple solutions to this threat.