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National Security and International Criminal Justice

Author: Herwig Roggemann

Publisher: BRILL

Published: 2021-10-25

Total Pages: 240

ISBN-13: 9004481168

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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.

Book Synopsis National Security and International Criminal Justice by : Herwig Roggemann

Download or read book National Security and International Criminal Justice written by Herwig Roggemann and published by BRILL. This book was released on 2021-10-25 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author: Sarah B. Sewall

Publisher: Rowman & Littlefield Publishers

Published: 2000-08-28

Total Pages: 284

ISBN-13: 1461645964

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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.

Book Synopsis The United States and the International Criminal Court by : Sarah B. Sewall

Download or read book The United States and the International Criminal Court written by Sarah B. Sewall and published by Rowman & Littlefield Publishers. This book was released on 2000-08-28 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

National Security Law

Author: Eric Merriam

Publisher: West Academic Publishing

Published: 2020-11-13

Total Pages: 562

ISBN-13: 9781683289128

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A new textbook exploring selected national security law issues, focusing on the choices between liberty and security and law's role as a tool or constraint on national security policy. Written for students who may not have prior experience studying the various areas of law that comprise national security law such as constitutional, international, and criminal law. This text is deliberately not a "casebook," with extended excerpts of judicial opinions followed by notes and questions, often leaving the reader to wonder "what is the law"? Instead, the authors have clearly explained complicated legal issues inherent in national security, while not ignoring the material's complexity. The text explores a variety of topics within the context of national security, including the constitutional separation of national security powers, constitutionally guaranteed liberties, international law, counterterrorism law, intelligence operations, and homeland security. An instructor manual is forthcoming.

Book Synopsis National Security Law by : Eric Merriam

Download or read book National Security Law written by Eric Merriam and published by West Academic Publishing. This book was released on 2020-11-13 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new textbook exploring selected national security law issues, focusing on the choices between liberty and security and law's role as a tool or constraint on national security policy. Written for students who may not have prior experience studying the various areas of law that comprise national security law such as constitutional, international, and criminal law. This text is deliberately not a "casebook," with extended excerpts of judicial opinions followed by notes and questions, often leaving the reader to wonder "what is the law"? Instead, the authors have clearly explained complicated legal issues inherent in national security, while not ignoring the material's complexity. The text explores a variety of topics within the context of national security, including the constitutional separation of national security powers, constitutionally guaranteed liberties, international law, counterterrorism law, intelligence operations, and homeland security. An instructor manual is forthcoming.

States of Justice

Author: Oumar Ba

Publisher: Cambridge University Press

Published: 2020-07-02

Total Pages: 207

ISBN-13: 1108806082

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This book theorizes the ways in which states that are presumed to be weaker in the international system use the International Criminal Court (ICC) to advance their security and political interests. Ultimately, it contends that African states have managed to instrumentally and strategically use the international justice system to their advantage, a theoretical framework that challenges the “justice cascade” argument. The empirical work of this study focuses on four major themes around the intersection of power, states' interests, and the global governance of atrocity crimes: firstly, the strategic use of self-referrals to the ICC; secondly, complementarity between national and the international justice system; thirdly, the limits of state cooperation with international courts; and finally the use of international courts in domestic political conflicts. This book is valuable to students, scholars, and researchers who are interested in international relations, international criminal justice, peace and conflict studies, human rights, and African politics.

Book Synopsis States of Justice by : Oumar Ba

Download or read book States of Justice written by Oumar Ba and published by Cambridge University Press. This book was released on 2020-07-02 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book theorizes the ways in which states that are presumed to be weaker in the international system use the International Criminal Court (ICC) to advance their security and political interests. Ultimately, it contends that African states have managed to instrumentally and strategically use the international justice system to their advantage, a theoretical framework that challenges the “justice cascade” argument. The empirical work of this study focuses on four major themes around the intersection of power, states' interests, and the global governance of atrocity crimes: firstly, the strategic use of self-referrals to the ICC; secondly, complementarity between national and the international justice system; thirdly, the limits of state cooperation with international courts; and finally the use of international courts in domestic political conflicts. This book is valuable to students, scholars, and researchers who are interested in international relations, international criminal justice, peace and conflict studies, human rights, and African politics.

Justice As Message

Author: Carsten Stahn

Publisher: Oxford University Press, USA

Published: 2020-05-28

Total Pages: 481

ISBN-13: 0198864183

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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.

Book Synopsis Justice As Message by : Carsten Stahn

Download or read book Justice As Message written by Carsten Stahn and published by Oxford University Press, USA. This book was released on 2020-05-28 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Protective Principle of International Criminal Jurisdiction

Author: Iain Cameron

Publisher: Dartmouth Publishing Company

Published: 1994

Total Pages: 424

ISBN-13:

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This work examines the role and function that the protective principle plays in international criminal law as a whole. It also analyzes the systems of criminal jurisdiction in Sweden and the United States. Shorter analyses are also made of the Danish, Norwegian and British systems.

Book Synopsis The Protective Principle of International Criminal Jurisdiction by : Iain Cameron

Download or read book The Protective Principle of International Criminal Jurisdiction written by Iain Cameron and published by Dartmouth Publishing Company. This book was released on 1994 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work examines the role and function that the protective principle plays in international criminal law as a whole. It also analyzes the systems of criminal jurisdiction in Sweden and the United States. Shorter analyses are also made of the Danish, Norwegian and British systems.

The International Criminal Court and National Courts

Author: Nidal Nabil Jurdi

Publisher: Routledge

Published: 2016-03-03

Total Pages: 332

ISBN-13: 1317027310

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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.

Book Synopsis The International Criminal Court and National Courts by : Nidal Nabil Jurdi

Download or read book The International Criminal Court and National Courts written by Nidal Nabil Jurdi and published by Routledge. This book was released on 2016-03-03 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Judicial Review of National Security

Author: David Scharia

Publisher: Terrorism and Global Justice

Published: 2015

Total Pages: 296

ISBN-13: 0199393362

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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.

Book Synopsis Judicial Review of National Security by : David Scharia

Download or read book Judicial Review of National Security written by David Scharia and published by Terrorism and Global Justice. This book was released on 2015 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Fighting for Darfur

Author: Rebecca Hamilton

Publisher: St. Martin's Press

Published: 2011-02-01

Total Pages: 274

ISBN-13: 0230112404

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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.

Book Synopsis Fighting for Darfur by : Rebecca Hamilton

Download or read book Fighting for Darfur written by Rebecca Hamilton and published by St. Martin's Press. This book was released on 2011-02-01 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Activities of Federal Law Enforcement Agencies Toward the Branch Davidians

Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime

Publisher:

Published: 1996

Total Pages: 1060

ISBN-13:

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Book Synopsis Activities of Federal Law Enforcement Agencies Toward the Branch Davidians by : United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime

Download or read book Activities of Federal Law Enforcement Agencies Toward the Branch Davidians written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime and published by . This book was released on 1996 with total page 1060 pages. Available in PDF, EPUB and Kindle. Book excerpt: