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Extradition Law
In Extradition Law, Miguel João Costa offers not only an exhaustive review of this legal area and of transnational criminal law more generally, but also innovative solutions for their reform. The book critically analyses numerous themes – from international cooperation in criminal matters to substantive criminal law and procedure, from human rights to nationality and refugee law, from public to private international law – at the national, European and global levels. Moreover, while it is a fundamentally normative study, it does not disregard the political and diplomatic dimensions of extradition either. The result is a new model based on mutual respect, enabling States to increase cooporation whilst preserving the integrity of their own criminal justice values and enhancing the respect for human rights.
Bringing International Fugitives to Justice
A novel and robust examination of all policy means and their lawfulness for recovering fugitives abroad via extradition or its alternatives.
Israel Yearbook on Human Rights, Volume 27 (1997)
The Israel Yearbook on Human Rights - an annual published under the auspices of the Faculty of Law of Tel Aviv University since 1971 - is devoted to publishing studies by distinguished scholars in Israel and other countries on human rights in peace and war, with particular emphasis on problems relevant to the State of Israel and the Jewish people. The Yearbook also incorporates documentary materials, relating to Israel and the Administered Areas, which are not otherwise available in English (including summaries of judicial decisions, compilations of legislative enactments and military proclamations). Volume 27 contains, amongst others, articles on The Laws of Air, Missile and Nuclear Warfare; The Protection of Civilians from Air Warfare; The Protection of Medical Aircraft in International Law; Missile Warfare and Exclusion Zones in Naval Warfare; Missiles with Non-Conventional Warheads and International Law.
Criminal Procedure Systems in the European Community
"Until recently, there was relatively little interest in comparative criminal procedure, which may be explained by the fact that criminal procedure, more than any other legal discipline, resists harmonisation. However, the problems Member States face these days are largely identical: a general increase in crime, an insufficiency of financial means for the different enforcement levels, increasing complexity of legislation and the fact that the general public seems to be gradually losing confidence in the criminal justice system. There is a growing need for an understanding of foreign criminal justice systems within the European community. This book seeks to contribute to a greater knowledge by offering a general introduction to the criminal procedure systems of the Member States of the EC. It will be of great interest to students, practitioners - who tend to be increasingly confronted with cases involving foreign criminal justice systems, and lawyers."
Prosecuting International Crimes
This 2005 book discusses the legitimacy of the international criminal law regime. It explains the development of the system of international criminal law enforcement in historical context, from antiquity through the Nuremberg and Tokyo Trials, to modern-day prosecutions of atrocities in the former Yugoslavia, Rwanda and Sierra Leone. The modern regime of prosecution of international crimes is evaluated with regard to international relations theory. The book then subjects that regime to critique on the basis of legitimacy and the rule of law, in particular selective enforcement, not only in relation to who is prosecuted, but also the definitions of crimes and principles of liability used when people are prosecuted. It concludes that although selective enforcement is not as powerful as a critique of international criminal law as it was previously, the creation of the International Criminal Court may also have narrowed the substantive rules of international criminal law.
Amnesty, Human Rights and Political Transitions
Amnesty laws are political tools used since ancient times by states wishing to quell dissent, introduce reforms, or achieve peaceful relationships with their enemies. In recent years, they have become contentious due to a perception that they violate international law, particularly the rights of victims, and contribute to further violence. This view is disputed by political negotiators who often argue that amnesty is a necessary price to pay in order to achieve a stable, peaceful, and equitable system of government. This book aims to investigate whether an amnesty necessarily entails a violation of a state's international obligations, or whether an amnesty, accompanied by alternative justice...
Contested Justice
An in-depth and interdisciplinary analysis of the politics and practice of the International Criminal Court. This title is also available as Open Access.
Judges and the Making of International Criminal Law
In Judges and the Making of International Criminal Law Joseph Powderly explores the role of judicial creativity in the progressive development of international criminal law. This wide-ranging work unpacks the nature and contours of the international criminal judicial function. Employing empirical, theoretical, and doctrinal methodologies, it interrogates the profile of the international criminal bench, judicial ethics, and the interpretative techniques that judges have utilized in their efforts to progressively develop international criminal law. Drawing on the work of Hersch Lauterpacht, it proposes a conception of the international criminal judicial function that places judicial creativity at its very heart. In doing so it argues that international criminal judges have a central role to play in ensuring that modern international criminal law continues to adapt to a volatile global environment, where accountability for crimes that shock the conscience of humanity is as much needed as at any moment in recent history.
