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Guantánamo and Beyond: Exceptional Courts and Military Commissions in Comparative Perspective de Fionnuala Ni Aoláin

Guantánamo and Beyond: Exceptional Courts and Military Commissions in Comparative Perspective

Editat de Fionnuala Ni Aoláin, Oren Gross
en Limba Engleză Paperback – sep 2013
The Military Commissions scheme established by President George W. Bush in November 2001 has garnered considerable controversy. In parallel with the detention facilities at Guantánamo Bay, Cuba, the creation of military courts has focused significant global attention on the use of such courts to process and try persons suspected of committing terrorist acts or offenses during armed conflict. This book brings together the viewpoints of leading scholars and policy makers on the topic of exceptional courts and military commissions with a series of unique contributions setting out the current 'state of the field'. The book assesses the relationship between such courts and other intersecting and overlapping legal arenas including constitutional law, international law, international human rights law, and international humanitarian law. By examining the comparative patterns, similarities and disjunctions arising from the use of such courts, this book also analyzes the political and legal challenges that the creation and operation of exceptional courts produces both within democratic states and for the international community.
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Specificații

ISBN-13: 9781107401686
ISBN-10: 1107401682
Pagini: 404
Dimensiuni: 152 x 228 x 21 mm
Greutate: 0.52 kg
Ediția:New.
Editura: Cambridge University Press
Colecția Cambridge University Press
Locul publicării:New York, United States

Cuprins

Part I. Military Commissions and Exceptional Courts in the United States: 1. The development of an exceptional court: the history of the American military commission David Glazier; 2. Military commissions in historical perspective: lessons from the US - Dakota war trials Carol Chomsky; 3. Contemporary law of war and military commissions Gary Solis; 4. Military commissions and the paradigm of prevention David Cole; 5. Prevention, detention, and extraordinariness Fiona de Londras; 6. In defense of federal criminal courts for terrorism cases in the United States Gabor Rona and Raha Wala; 7. Exceptional courts and the structure of American military justice Stephen I. Vladeck; 8. Exceptional courts in counterterrorism: lessons from the foreign intelligence surveillance act (FISA) William C. Banks; Part II. Exceptional Courts and Military Commissions Elsewhere: 9. The law working itself pure? The Canadian experience with exceptional courts and Guantánamo Kent Roach; 10. Vicious and virtuous cycles in prosecuting terrorism: the Diplock Court experience John Jackson; 11. Terrorism prosecution in the United Kingdom: lessons in the manipulation of criminalization and due process Clive Walker; 12. Trying terrorists: the Israeli perspective Emmanuel Gross; 13. Exceptional or not? An examination of India's special courts in the national security context Jayanth Krishnan and Viplav Sharma; Part III. International Law, Exceptional Courts and Military Commissions: 14. The right to a fair trial in an extraordinary court David Weissbrodt and Joseph Hansen; 15. Approaches and responses of the UN human rights mechanisms to exceptional courts and military commissions Alex Conte; 16. Exceptional Courts and the European Convention on Human Rights Steven Greer; 17. The legitimacy deficit of exceptional international criminal jurisdiction Yuval Shany.

Recenzii

'Comprehensive, thorough, and thought-provoking, Guantánamo and Beyond's stellar collection of essays should be required reading for scholars, experts, and policy makers seeking to understand today's military commissions in their legal, historical and comparative international contexts. A truly welcome addition to the literature on the law after 9/11.' Karen Greenberg, Director, Center on National Security, Fordham University
'I cannot think of a better introduction to the complexities attached to the use of 'military commissions', as part of the response to unconventional warfare or terrorism, in lieu of ordinary courts or courts martial. A host of experts have contributed chapters that are both accessible to all readers and genuinely illuminating (even, I suspect, for fellow experts), detailing both the history of military commissions and issues surrounding their present use both in the United States and abroad.' Sanford Levinson, W. St John Garwood and W. St John Garwood, Jr, Centennial Chair and Professor of Government, University of Texas Law School
'The Guantánamo military commissions to try terror suspects are among the most controversial practices in the US 'war on terror' … This welcome book assembles essays by renowned experts who explore all the facets of military commissions - at Guantánamo and elsewhere. They look hard at Guantánamo, but also at past special courts both in and out of the United States, from the military tribunals for American Indians in the nineteenth century, to special courts in Ireland, Canada, and Israel, to today's international criminal tribunals. Readers trying to understand what the Guantánamo commissions are about, but who are put off by advocacy rhetoric and incomprehensible legalisms, now have a comprehensive source that sheds welcome light on the remarkable turn of democratic governments to special courts in times of crisis. I warmly recommend this book.' David Luban, University Professor in Law and Philosophy, Georgetown University

Descriere

This book brings together the viewpoints of leading scholars and policy makers on the topic of exceptional courts and military commissions.