Bringing International Fugitives to Justice

Extradition and its Alternatives

Author: David A. Sadoff

Publisher: Cambridge University Press

ISBN: 1316790819

Category: Law

Page: N.A

View: 8938

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A novel and robust framework for the operational and legal analysis of recovering fugitives abroad, Bringing International Fugitives to Justice addresses how states, working alone, in cooperation, or with third-party intervention, strive to secure the custody of fugitives in order to bring them to justice - for prosecution or punishment purposes - while evaluating the lawfulness of those pursuit efforts. The book introduces redefined terms and new concepts to add precision to the discourse; sets forth comprehensive typologies, including of extradition arrangements and impediments; and provides a mapping to account for the full range of means and methods - extradition, collateral and remedial approaches to extradition, and full-scale and fallback alternatives to extradition -by which international fugitives can be retrieved. The study considers the judicial, diplomatic, and policy consequences of reliance on the more aggressive or controversial alternatives, proffering recommendations that, if adopted, could facilitate the recovery of fugitives while minimizing associated risks.

International Criminal Justice. Cooperation and fighting of male sexual crimes

Author: Dimitris Liakopoulos

Publisher: GRIN Verlag

ISBN: 3668912157

Category: Law

Page: 383

View: 7986

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Document from the year 2019 in the subject Law - European and International Law, Intellectual Properties, Tufts University, language: English, abstract: The focus of this book is the analysis of male sexual crimes in international criminal justice. The first part of the present research work is focused on the legal analysis of the relevant articles of international criminal court's Statute regarding the obligation of cooperation between states for the punishment of serious crimes against humanity and war. Judicial development, starting with the ad hoc tribunals and arriving at causes at various stages of proceedings still ongoing in the International Criminal Court (ICC), opens doctrinal and comparative national debates especially in the case of lacking states cooperation, seeking to elaborate specific topics such as the obligation of states cooperation, requests for assistance during preliminary investigations,during inquires, and confidential information. Court assistance to states parties participating in the Statute, suspending the execution of a request, the role of the prosecutor and the non-assistance of some states impede the development and operation of international criminal justice. The second part has attempted to analyze sexual crimes and especially the crime of male rape.The jurisprudence of international criminal tribunals and the ICC have tried to qualify rapeeither as a crime of genocide in the form of serious and physical injuries, even if notnecessarily permanent (lett.b) Art.6 of the Rome Statute; or as a crime against humanity wherethere are elements of context and above all material elements that emerge from the defenitionsgiven by the ad hoc tribunals and the elements of crimes; or even as a war crime in case it isimplemented to that of sexual violence, according to a geneder specific relationship tospeciem. Judges through the jurisprudence have included in this context any conduct of asexual type of aggression to human dignity that does not consist in an act of penetration andthat does not involve physical contract. The contrasts are always open. Due to the lack ofdealing with a "particular" crime and difficult to prove it or testify before an internationalcourt. The indication on the level of gravity of the crime is necessary for the relevance ofsexual violence and rape as crimes against humanity that we will see in the coming years.

Understanding and Responding to Terrorism

Author: Huseyin Durmaz

Publisher: IOS Press

ISBN: 1586037404

Category: Political Science

Page: 397

View: 2413

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" This publication concerns three main topics: - Dynamics of effective international cooperation against terrorism: Facilitators and barriers; - Law enforcement response to terrorism in different countries and regions; - Emergency management lessons for Homeland Security. On the first topic on the role of international organizations, the barriers for cooperation and their solutions are explored. With respect to the second topic, several countrys legislative efforts against terrorism, the level of terrorism, experienced threat, and how law enforcement agencies fight terrorism in their respective states are handled. The third topic includes evaluations of the response and recovery operations that are implemented after terrorist attacks in order to enhance emergency management and homeland security policies and procedures as well as the integration of crisis and consequence management activities. The articles in this publication have been categorized in five parts: - International Police Cooperation - National Approaches to Terrorism - Responding to Terrorism - Terrorism Emergency Management - Closing Remarks This book can be a useful source to better understand and respond to the terrorism threat. "

The Alleged Transnational Criminal

The Second Biennial International Criminal Law Seminar

Author: Richard D. Atkins

Publisher: Martinus Nijhoff Publishers

ISBN: 9780792334095

Category: Law

Page: 449

View: 2141

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Papers presented at the Second Biennial Alleged Transnational Criminal Seminar of the International Bar Association, held in May 1993, present an overview of current transnational crime developments. Topics include prisoner transfer treaties; the complexities involved in obtaining evidence from abroad; the use of state-sponsored kidnapping of fugitives as an alternative to extradition; money laundering and asset forfeiture; transnational tax crimes; terrorism; United Nations International Criminal Tribunal and International War Crimes Inquiry; and effective use of human rights conventions in criminal cases. The detailed table of contents mitigates the lack of an index. Annotation c. by Book News, Inc., Portland, Or.

International and Transnational Criminal Law

Author: David Luban,Julie R. O'Sullivan,David P. Stewart

Publisher: Aspen Publishers

ISBN: 1454896302

Category: Law

Page: 1368

View: 1958

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This comprehensive and versatile book covers both international criminal law and the application of US criminal law transnationally. It has chapters on each of the core crimes (aggression, genocide, crimes against humanity, war crimes), as well as separate chapters on the international tribunals from Nuremberg on and the ICC. Other chapters treat modes of liability, defenses, crimes against women, and alternatives to criminal prosecution in post-conflict societies. Thus the book can be used for courses focusing entirely on international criminal law and accountability for core crimes. But it also covers US criminal law in transnational contexts, including money laundering, Foreign Corrupt Practices Act, and terrorism. In addition, it includes chapters on extradition, evidence gathering abroad, comparative criminal procedure and comparative sentencing, and US constitutional rights abroad. Introductory chapters on the nature of international criminal law, transnational jurisdiction, and the basics of public international law make the book accessible to students with no prior background. New to the 3rd Edition: Recent developments in the international tribunals, including the Habré trial in the African Extraordinary Chamber Updates on post-Morrison jurisdictional developments and the treatment of jurisdiction in the Restatement (Fourth) of the Foreign Relations Law of the United States Activation of the crime of aggression by the ICC; cyber-attacks as aggression Recent war crimes jurisprudence and the treatment of war crimes in the US Department of Defense Law of War Manual A thorough revision of the ICC chapter including the Lubanga sentencing decisions and the Comoros decision on gravity Recent ICC jurisprudence on modes of liability Latest FCPA prosecution standards New cases on immunities and extradition Professors and students will benefit from: Versatility: Can be used for courses on international criminal law, and also for courses on US criminal law applied across borders Self-contained introductory chapters on basic public international law, transnational jurisdiction, and the nature of criminal law Detailed treatment of “headline” issues including torture, terrorism, and war crimes Readable background on historical context Teaching materials include: Comprehensive teacher’s manual, including the authors’ own teaching notes Discussion problems

Responding to International Crime

Author: Geoff Gilbert

Publisher: Martinus Nijhoff Publishers

ISBN: 9004152768

Category: Law

Page: 489

View: 658

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Following the wars in the former Yugoslavia and Rwanda, and the events of 11 September 2001, awareness of international crimes has come to the forefront of public consciousness. The very public responses seen in the establishment by the Security Council of the ad hoc tribunals and the international community coming together to create the International Criminal Court have done much to promote the idea that there should be no impunity for international criminals. Nevertheless, while those are incredibly significant steps in the attempt to combat international crime, there is no way due to their jurisdictional competence that such bodies could ever hope to address all the various crimes that are committed that are not confined to a single domestic jurisdiction either by reason of their nature or trans-border factors. As such, the response of the international community to international crime depends as much on extraterritorial criminal jurisdiction, mutual legal assistance agreements, extradition and other means of lawful rendition. Furthermore, given the fundamental rule that a person is innocent until proven guilty and that everyone within the jurisdiction of a State is owed certain basic minimum human rights guarantees, responses to international crime cannot be without limitation. Respect for the alleged transnational fugitive offender is as important a factor in responding to international crime as preventing impunity for genocide, crimes against humanity, war crimes and gross human rights violations.

Transnational Fugitive Offenders in International Law

Extradition and Other Mechanisms

Author: Geoff Gilbert

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041110404

Category: Law

Page: 486

View: 9712

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International Criminal Law has undergone significant recent changes. Transnational Fugitive Offenders reflects the dynamic nature of the subject & keeps readers on the cutting edge of new developments. An ever-increasing number & variety of international agreements & cases has expanded extradition law. The jurisprudence relating to alternative means of rendition has also evolved in different ways in different jurisdictions. Most notably, however, the remit of the subject as a whole has expanded. The concept of international criminal law now has to embrace crimes that occur in no single place, cross-border financial crimes where vast sums of money exist solely in cyberspace & which have connections with financial institutions in several countries. The international community has also established supra-national criminal courts to deal with the aftermath of the wars in the former Yugoslavia & Rwanda. The future will likely bring further changes as well. The permanent International Criminal Court, originally proposed by the International Law Commission, if established by the international community, would, as matters stand in 1998, have jurisdiction over genocide, crimes against humanity & war crimes. The ultimate result may at last be the availability of overarching guidance as to the remit & scope of international criminal law. Those studying extradition law, and/or working with transnational fugitive offenders in any capacity, will find Transnational Fugitive Offenders an important, thought-provoking work on a very dynamic subject.

Eichmann in Jerusalem

A Report on the Banality of Evil

Author: Hannah Arendt

Publisher: Penguin

ISBN: 9781101007167

Category: Social Science

Page: 336

View: 6495

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The controversial journalistic analysis of the mentality that fostered the Holocaust, from the author of The Origins of Totalitarianism Sparking a flurry of heated debate, Hannah Arendt’s authoritative and stunning report on the trial of German Nazi leader Adolf Eichmann first appeared as a series of articles in The New Yorker in 1963. This revised edition includes material that came to light after the trial, as well as Arendt’s postscript directly addressing the controversy that arose over her account. A major journalistic triumph by an intellectual of singular influence, Eichmann in Jerusalem is as shocking as it is informative—an unflinching look at one of the most unsettling (and unsettled) issues of the twentieth century.

Die Amerikanische Sprache

Das Englisch der Vereinigten Staaten

Author: H. L. Mencken,Heinrich Spies

Publisher: Springer-Verlag

ISBN: 3663161374

Category: Language Arts & Disciplines

Page: 180

View: 548

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Dieser Buchtitel ist Teil des Digitalisierungsprojekts Springer Book Archives mit Publikationen, die seit den Anfängen des Verlags von 1842 erschienen sind. Der Verlag stellt mit diesem Archiv Quellen für die historische wie auch die disziplingeschichtliche Forschung zur Verfügung, die jeweils im historischen Kontext betrachtet werden müssen. Dieser Titel erschien in der Zeit vor 1945 und wird daher in seiner zeittypischen politisch-ideologischen Ausrichtung vom Verlag nicht beworben.

Eichmann in Jerusalem

Ein Bericht von der Banalität des Bösen

Author: Hannah Arendt

Publisher: Piper Verlag

ISBN: 3492962580

Category: Language Arts & Disciplines

Page: 448

View: 9757

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Der ehemalige SS-Obersturmbannführer Adolf Eichmann gilt als einer der Hauptverantwortlichen für die »Endlösung« der Juden in Europa. Der Prozess gegen ihn fand 1961 in Jerusalem statt. Hannah Arendts Prozessbericht wurde von ihr 1964 als Buch publiziert und brachte eine Lawine ins Rollen: Es stieß bei seinem Erscheinen auf heftige Ablehnung in Israel, Deutschland und in den USA– und wurde zu einem Klassiker wie kaum ein anderes vergleichbares Werk zur Zeitgeschichte und ihrer Deutung.

Terrorism and America

a comprehensive review of the threat, policy, and law : hearings before the Committee on the Judiciary, United States Senate, One Hundred Third Congress, first session, on examining the scope of current threats of terrorism to the United States and its allies, focusing on explosives and explosives regulation, and related extradition, international law, and immigration issues, April 21 and 22, 1993

Author: United States. Congress. Senate. Committee on the Judiciary

Publisher: Government Printing Office

ISBN: 9780160445040

Category: History

Page: 174

View: 1294

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International extradition

United States law and practice

Author: M. Cherif Bassiouni

Publisher: Oxford University Press, USA

ISBN: 9780379214376

Category: Law

Page: 1124

View: 5811

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This edition covers all aspects of extradition in the United States as practiced by the Executive Branch in its treaty-making power, its foreign relations practices with other states, and its application by the Judiciary. It also includes related areas such as asylum, immigration, and relevant aspects of constitutional law and federal criminal law procedure. In addition, researchers will find more examination of the misuse of immigration laws in this edition. Subject matter includes; The legal framework of extradition in international law; Asylum and extradition; Disguised extradition; Abduction and unlawful seizure; Jurisdiction; Reciprocity; Extraditable offenses, specialty and non-inquiry; Double criminality; Denial of extradition; The legal bases for extradition in the U.S. This Fourth Edition covers all extradition cases decided in the last five years through all major United States courts.