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1. Rights, Individuals, and States; 2. An Interest-based Justification for the Right to Punish; 3. Extraterritorial Jurisdiction over Municipal Crimes; 4. A Theory of International Crimes; 5. Extraterritorial Jurisdiction over International Crimes; 6. Legitimate Authority and Extraterritorial Punishment; 7. Conclusion.
This book addresses maritime piracy by focusing on the unique and fascinating issues arising in the course of domestic piracy prosecutions, from the pursuit and apprehension of pirates to their trial and imprisonment. It examines novel matters not addressed in other published works, such as the challenges in preserving and presenting evidence in piracy trials, the rights of pirate defendants, and contending with alleged pirates who are juveniles. A more thorough understanding of modern piracy trials and the precedent they have established is critical to scholars, practitioners, and the broader community interested in counter-piracy efforts, as these prosecutions are likely to be the primary judicial mechanism to contend with pirate activity going forward.
This is the story of one of the most significant examples of human rights litigation in the U.S., presented as a documentary history. The pleadings and documents appear with minimal editing and are supplemented through commentary.
In An Introduction to the Law of International Criminal Tribunals Geert-Jan Alexander Knoops offers an overview of the basic topics in international criminal law (ICL). It discusses main characteristics of International Criminal Tribunals (ICTs), as well as definitions of international crimes. The book will delve into issues of jurisdiction and complementarity, liability principles and specialized defences. Other topics are: due process rights, evidence, trials in absentia and State cooperation. A new chapter is devoted to the geopolitical effects of international criminal prosecutions. The second revised edition includes a chapter on the “new” crime of aggression and is updated with the most recent developments in ICL. The book is essential to everyone becoming familiar with the basic topics and challenges within ICL.
The twenty-first century has seen a sharp rise in privatization of the military, especially of logistics and security functions during the U.S.-led wars in Iraq and Afghanistan. The outbreak of Somali piracy that started in 2008 has prompted a similar revolution in maritime security. Private security companies began operating armed escort vessels to protect merchant shipping against pirates off the Horn of Africa. Private Anti-Piracy Navies is intended to provide a contextualized understanding of the historical origins, current state, and future prospects of this fast-changing sector. Centuries ago, the British East India Company used a private navy against piracy in the same waters with muc...
Law enforcement at sea has become an increasingly important tool for combating transnational crime. Such law enforcement operations are commonly directed by multinational missions composed of military rather than police forces, and are often carried out in maritime areas not subject to national jurisdiction. Because of these characteristics, maritime law enforcement operations touch upon many unresolved human rights issues. In the present study, counter-piracy operations off the coast of Somalia and in the Indian Ocean serve as the quintessential example of how law enforcement measures taken at sea may fall short of international human rights standards. An unprecedented number of national an...
American Judicial Power: The State Court Perspective is a welcome addition to the breadth of studies on the American legal system and provides an accessible and highly illuminating overview of the state courts and their functions. The study of America’s courts is overwhelmingly skewed toward the federal government, and therefore often overlooks state courts and their importance. Michael Buenger and Paul De Muniz fill this gap in the study of American constitutionalism, as they examine the wide and distinctive powers these courts exercise, and their role in administering the bulk of the nation’s justice system. This groundbreaking work covers many critical topics pertaining to the state c...
Africa has been at the forefront of contemporary global efforts towards ensuring greater accountability for international crimes. But the continent's early embrace of international criminal justice seems to be taking a new turn with the recent resistance from some African states claiming that the emerging system of international criminal law represents a new form of imperialism masquerading as international rule of law. This book analyses the relationship and tensions between the International Criminal Court (ICC) and Africa. It traces the origins of the confrontation between African governments, both acting individually and within the framework of the African Union, and the permanent Hague-based ICC. Leading commentators offer valuable insights on the core legal and political issues that have confused the relationship between the two sides and expose the uneasy interaction between international law and international politics. They offer suggestions on how best to continue the fight against impunity, using national, ICC, and regional justice mechanisms, while taking into principled account the views and interests of African States.