Download or read book Prosecuting Juvenile Piracy Suspects written by Milena Sterio and published by Routledge. This book was released on 2017-08-14 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Duncan Gaswaga, a former judge of the Seychelles Supreme Court who has presided over numerous piracy trials, asked the following question: "What is a judge to do when a bearded piracy suspect facing justice asserts that he is fourteen?" This book addresses this important question by focusing on the treatment of juvenile piracy suspects under international law within national prosecutorial regimes. Beginning with the modern-day Somali piracy model, and exploring the reasons for piracy organizers and financiers to have employed Somali youth as pirates, author Milena Sterio analyzes the relevant international legal framework applicable to the treatment of juvenile criminal suspects, such as international human rights law, international criminal law, including the statutes of several international and ad hoc tribunals, as well as legal issues related to the use of child soldiers, as a parallel to the use of child pirates. This volume examines recent national piracy prosecutions involving juvenile suspects in Germany, Spain, India, Italy, Malaysia, the Seychelles, and the United States, developing a set of recommendations and best practices for all piracy prosecuting nations dealing with juvenile suspects to refer to in developing their national policy toward the treatment of juvenile piracy suspects.

Download or read book Prosecuting Maritime Piracy written by Michael P. Scharf and published by Cambridge University Press. This book was released on 2015-06-09 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Counter Piracy Law in Practice written by Jessica Larsen and published by Taylor & Francis. This book was released on 2023-03-03 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a socio-legal study of counter-piracy. It takes as its case the law enforcement efforts after 2008 to suppress piracy off the coast of Somalia. Through ethnographic fieldwork, the book invites the reader onto a Danish warship patrolling the western Indian Ocean for piracy incidents and into the courtroom in Seychelles, where more than 150 suspects were prosecuted. The aim is to understand how counter-piracy worked in practice. The book uses assemblage theory to approach law as a social process and places emphasis on studying empirical enforcement practices over analysing legal provisions. This supplements existing scholarship on the legal aspects of counter-piracy. Scholarship has mainly examined applicable law governing counter-piracy. This book steps into the field to examine applied law. Its methodology renders visible areas of legal ambiguity and identifies practices that suggest impunity and question legal certainty. It thus contributes with new policy-relevant knowledge for international security governance. The relevance is one of urgency. Counter-piracy off Somalia has served as a governance paradigm, which is replicated in other maritime domains. Consideration of the implications for policy is therefore needed. The book will be of interest to policy-makers, security practitioners and scholars who share a methodological commitment to practice.

Download or read book Security and International Law written by Mary E Footer and published by Bloomsbury Publishing. This book was released on 2016-06-16 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Of the many challenges that society faces today, possibly none is more acute than the security of ordinary citizens when faced with a variety of natural or man-made disasters arising from climate and geological catastrophes, including the depletion of natural resources, environmental degradation, food shortages, terrorism, breaches of personal security and human security, or even the global economic crisis. States continue to be faced with a range of security issues arising from contested territorial spaces, military and maritime security and security threats relating to energy, infrastructure and the delivery of essential services. The theme of the book encompasses issues of human, political, military, socio-economic, environmental and energy security and raises two main questions. To what extent can international law address the types of natural and man-made security risks and challenges that threaten our livelihood, or very existence, in the twenty-first century? Where does international law fall short in meeting the problems that arise in different situations of insecurity and how should such shortcomings be addressed?

Download or read book Fighting and Victimhood in International Criminal Law written by Joanna Nicholson and published by Routledge. This book was released on 2017-10-12 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: The act of fighting or being a fighter has certain consequences in international law. The most obvious example can be found in international humanitarian law, where a distinction is drawn between fighters and civilians, with fighters being military objectives and civilians being protected from attack. Another example is from international human rights law, where it has been held that the particular characteristics of military life have to be taken into account when interpreting the human rights of members of state armed forces. This volume focuses on the field of international criminal law and asks the question: what relevance does fighting have to victimhood in international criminal law? Among the topics which are explored are: how have international criminal courts and tribunals untangled lawful casualties of war from victims of war crimes? How have they determined who is a member of an organised armed group and who is not? What crimes can those who fight be victims of during hostilities? When does it become relevant in international criminal law that an alleged victim of a crime was a person hors de combat rather than a civilian? Can war crimes be committed against members of non-opposing forces? Can persons hors de combat be victims of crimes against humanity and genocide? What special considerations surround peacekeepers and child soldiers as victims of international crimes? The author carries out an in-depth exploration of case law from international criminal courts and tribunals to assess how they have dealt with these questions. She concludes that the import of fighting upon victimhood in the context of international criminal law has not always been appreciated to the extent it should have been.

Download or read book Queering International Law written by Dianne Otto and published by Taylor & Francis. This book was released on 2017-07-14 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beyond the push in the human rights field to ensure respect for the rights of people with diverse sexual orientations and gender identities, queer legal theory provides a means to examine the structural assumptions and conceptual architecture that underpin the normative framework and operation of international law, highlighting bias and blind spots and offering fresh perspectives and practical innovations.

Download or read book Latin America and the International Court of Justice written by Paula Wojcikiewicz Almeida and published by Routledge. This book was released on 2016-11-25 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to evaluate the contribution of Latin America to the development of international law at the International Court of Justice (ICJ). This contemporary approach to international adjudication includes the historical contribution of the region to the development of international law through the emergence of international jurisdictions, as well as the procedural and material contribution of the cases submitted by or against Latin American states to the ICJ to the development of international law. The project then conceives international jurisdictions from a multifunctional perspective, which encompasses the Court as both an instrument of the parties and an organ of a value-based international community. This shows how Latin American states have become increasingly committed to the peaceful settlement of disputes and to the promotion of international law through adjudication. It culminates with an expansion of the traditional understanding of the function of the ICJ by Latin American states, including an analysis of existing challenges in the region. The book will be of interest to all those interested in international dispute resolution, including academic libraries, the judiciary, practitioners in international law, government institutions, academics, and students alike.

Download or read book China Cultural Heritage and International Law written by Hui Zhong and published by Routledge. This book was released on 2017-11-27 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: China is a country that is rich in antiquities, but it is also a victim of looting that occurred during the period from the First Opium War to the end of the Japanese Occupation (1840–1945) when innumerable cultural objects were lost overseas. The Chinese Government insists on asserting its interest over its wrongfully removed cultural heritage and has sought for the return of lost cultural heritage by all means in accordance with relevant international conventions and Chinese laws. However, securing the return has been, and continues to be, problematic. Little research has been done regarding the question as to whether China has a legal basis for recovery, which is the first legal hurdle that China needs to get over. In addition, China does not have a legal basis for all cultural heritage taken during the period of 1840–1945. Claims for return without a legal basis are usually silenced or, at best, discussed only but very rarely facilitated. This book provides an answer for the return of Chinese cultural heritage. It examines the law contemporaneous to the removal of Chinese cultural heritage and its application. For this lack of a legal basis, this book argues that a new customary international law is emerging, according to which the interests of the states of origin in their wrongfully removed heritage should be prioritised. This proposed customary rule supports the return of wrongfully removed heritage. Once this proposed customary rule is accepted, it will provide a stronger argument not only for China, but also for other states of origin with a similar dilemma, including South Korea, Egypt, Greece, Cambodia, Turkey, Peru, and Italy, to recover their wrongfully removed heritage. While dealing with a large pool of return cases, this book is valuable to museums and art collectors in the event of buying and accepting art objects, and settling recovery disputes with states of origin. It will also be of interest to researchers, academics, policymakers, and students in the fields of cultural heritage law, international law, international trade, and human rights law.

Download or read book The UN Security Council and Domestic Actors written by Machiko Kanetake and published by Routledge. This book was released on 2017-12-01 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the exercise of authority by the UN Security Council and its subsidiary organs over individuals. The UN Security Council was created in 1945 as an outcome of World War II under the predominant assumption that it exercises its authority against states. Under this assumption, the UN Security Council and those individuals were ‘distanced’ by the presence of member states that intermediate between the Security Council’s international commands and those individuals that are subject to member states’ domestic law. However, in practice, the UN Security Council’s exercise of authority has incrementally removed the presence of state intermediaries and reduced the Security Council’s distance to individuals. This book demonstrates that this phenomenon has increased the relevance of domestic law in developing the international normative frameworks governing the UN Security Council and its subsidiary organs in safeguarding the rights, obligations, and interests of those affected individuals. This book presents how the UN Security Council’s exercise of authority has been received at the domestic level, and what would be the international implications of the Security Council’s extensive encounter with the actors who primarily reside in a domestic legal order.

Download or read book Forensic Justice written by Beulah Shekhar and published by Taylor & Francis. This book was released on 2024-03-18 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: Forensic science is playing an increasingly important role in criminal investigations, as it provides scientific methods and techniques to gather and analyse evidence from crime scenes. Forensic evidence can be crucial in identifying suspects, linking them to the crime scene, and helping to secure convictions in court. In this sense, forensic science is seen as an aid to criminal investigation, providing reliable and objective evidence that can be used to uncover the truth behind criminal activities. The integration of forensic science with law and criminology is creating a new era of progressive thinking, where advanced techniques are being developed to better understand the nature of crime and the behaviour of criminals. With the help of forensic science, investigators can obtain speedy justice and bring criminals to book. However, this requires appropriate measures to be taken for the efficient execution of forensic investigations, including the use of modern technology and the training of professionals in the latest forensic techniques. Given the importance of forensic science in the criminal justice system, it is essential to have a comprehensive understanding of its different aspects. This includes the collection, preservation, and analysis of forensic evidence, as well as the interpretation of this evidence in the context of criminal investigations. This book covers these topics in detail, providing valuable insights for professionals, practitioners, academics, and students of the related fields.

Download or read book The International Criminal Court and Africa written by Charles Chernor Jalloh and published by Oxford University Press. This book was released on 2017-10-06 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book What Shall We Do with the Suspected Pirates written by and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Hostages and Human Rights written by Sofia Galani and published by Cambridge University Press. This book was released on 2021-07-08 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hostage-taking has increased in recent years and has become a problem of worldwide concern. Terrorists and pirates have used hostages in a rising number of incidents and the violence used has escalated alarmingly. Sofia Galani examines the taking of hostages from a victim's perspective, arguing that the international community has failed to protect them. By evaluating various international law concepts and frameworks, including jurisdiction in international law, state responsibility and international human rights law, Galani explains why we are still far from recognizing hostages as victims of human rights violations. She then addresses the question of what can be done to safeguard the human rights of hostages both in theory and practice. Being the first comprehensive study of the human rights of hostages, this book fills a critical gap in the literature for human rights lawyers and researchers in the field.

Download or read book The Law and Practice of Piracy at Sea written by Panos Koutrakos and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 657 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays provides a comprehensive assessment of the legal and policy approaches to maritime counter-piracy adopted by the EU and other international actors over the last few years. As the financial cost of Somali piracy for the maritime industry and the world economy as a whole was estimated to have reached $18 billion by 2010, the phenomenon of piracy at sea has steadily grown in significance and has recently attracted the attention of international policy makers. Moreover, piracy is intrinsically linked to state failure and other pathologies bred by it, such as organised crime and terrorism. This book adopts a holistic approach to the topic, examining approaches to piracy as these emerge in different geographical areas, as well as tackling the central issues which counter-piracy raises in terms of the most topical aspects of international law (international humanitarian law and armed conflict, piracy and terrorism, use of force). It also focuses on the approach of the EU, placing counter-piracy in its broader legal context. Providing a detailed doctrinal exploration of the issues which counter-piracy raises, it emphasises and draws upon the insights of the practice of counter-piracy by bringing together academic lawyers and the legal advisers of the main actors in the area (EU, US, NATO, UK). The book raises fundamental questions about the law and practice of international law: are the rules of the international law of the sea on piracy still relevant? To what extent has the shared interest of international actors in tackling piracy given rise to common practices? Do the interactions among the actors examined in the book suggest fragmentation or unity of the international legal order? Is it premature to view these interactions as signalling the gradual emergence of global law in the area? This common analytical frame of reference is underlined by the concluding part, which draws these threads together. The book will be of interest to legal scholars, political scientists and international relations theorists, as well as decision-makers and students of law, politics and international relations.

Download or read book Human Rights and Law Enforcement at Sea written by Anna Petrig and published by Martinus Nijhoff Publishers. This book was released on 2014-10-30 with total page 522 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 and multinational missions have been deployed to counter the phenomenon of piracy off the coast of Somalia and in the region. Their mandate includes the arrest, detention and transfer for prosecution of piracy suspects. The book at hand examines the procedures pertinent to the decision whether to release piracy suspects, prosecute them in the seizing State or transfer them to a third State, and the detention regime pending such decisions. The study provides a critical analysis of the compatibility of these procedures with international law, first and foremost human rights law. Using piracy as an example, it demonstrates that the characteristics of national and multinational law enforcement at sea may lead to a deviation from certain human rights standards – standards that the States in question readily accept and apply in their land-based, territorial law enforcement operations. At the centre of the analysis are two unique case studies, which provide insight into the arrest, detention and transfer procedures in both a multinational context and a purely interstate setting. This work is a valuable contribution to legal scholarship dealing with the human rights dimension of maritime law enforcement operations. It is a useful, timely and innovative resource for both academics and legal practitioners alike, or any person interested in the applicability and scope of human rights norms in the maritime context.

Download or read book Prosecuting Pirates written by Brett Alan Hewitt and published by . This book was released on 2017 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt: For nearly fifty years, beginning in the 1680s, the English government waged a costly war to rid the seas of pirates. While the eventual success of Britain’s imperial campaign to combat piracy lay in a multi-pronged approach, the heart of the offensive was Parliamentary legislation, which created a series of Vice-Admiralty Courts in the colonies facilitating an aggressive prosecutorial policy. My research examines why colonial English piracy trials from 1701-1726 were so inconsistent and why they frequently deviated from English law and established precedent. I contend these variations in courtroom procedures were caused by four interrelated factors: various conceptualizations of the crime of piracy, different piracy statutes requiring the use of largely incompatible legal procedures, the evolving nature of piracy itself, and the constant pressure from imperial officials to secure a high rate of convictions for those accused.

Download or read book Kenya National Assembly Official Record Hansard written by and published by . This book was released on 2010-12-01 with total page 49 pages. Available in PDF, EPUB and Kindle. Book excerpt: The official records of the proceedings of the Legislative Council of the Colony and Protectorate of Kenya, the House of Representatives of the Government of Kenya and the National Assembly of the Republic of Kenya.