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Author : Kyle Kyungsik Choi
Publisher :
ISBN 13 :
Total Pages : 138 pages
Book Rating : 4.:/5 (856 download)
Download or read book Conspiracy and Alternative Crimes in the Military Commissions Act of 2009 written by Kyle Kyungsik Choi and published by . This book was released on 2010 with total page 138 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : United States
Publisher :
ISBN 13 :
Total Pages : 1506 pages
Book Rating : 4.:/5 (327 download)
Download or read book United States Code written by United States and published by . This book was released on 2013 with total page 1506 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
Author : United States Sentencing Commission
Publisher :
ISBN 13 :
Total Pages : 556 pages
Book Rating : 4.3/5 (91 download)
Download or read book Guidelines Manual written by United States Sentencing Commission and published by . This book was released on 1988 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Jennifer K. Elsea
Publisher : CreateSpace
ISBN 13 : 9781508700203
Total Pages : 60 pages
Book Rating : 4.7/5 (2 download)
Download or read book The Military Commissions Act of 2009 (MCA 2009) written by Jennifer K. Elsea and published by CreateSpace. This book was released on 2015-06-26 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: On November 13, 2001, President Bush issued a Military Order (M.O.) pertaining to the detention, treatment, and trial of certain non-citizens in the war against terrorism. Military commissions pursuant to the M.O. began in November 2004 against four persons declared eligible for trial, but the Supreme Court in Hamdan v. Rumsfeld invalidated the military commissions as improper under the Uniform Code of Military Justice (UCMJ). To permit military commissions to go forward, Congress approved the Military Commissions Act of 2006 (MCA), conferring authority to promulgate rules that depart from the strictures of the UCMJ and possibly U.S. international obligations. Military commissions proceedings were reinstated and resulted in three convictions under the Bush Administration.
Author : Geoffrey S. Corn
Publisher : Oxford University Press, USA
ISBN 13 : 0190221410
Total Pages : 306 pages
Book Rating : 4.1/5 (92 download)
Download or read book The War on Terror and the Laws of War written by Geoffrey S. Corn and published by Oxford University Press, USA. This book was released on 2015 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many years after the United States initiated a military response to the terrorist attacks of September 11th, 2001, the nation continues to prosecute what it considers an armed conflict against transnational terrorist groups. Understanding how the law of armed conflict applies to and regulates military operations executed within the scope of this armed conflict against transnational non-state terrorist groups is as important today as it was in September 2001. In The War on Terror and the Laws of War seven legal scholars, each with experience as military officers, focus on how to strike an effective balance between the necessity of using armed violence to subdue a threat to the nation with the humanitarian interest of mitigating the suffering inevitably associated with that use. Each chapter addresses a specific operational issue, including the national right of self-defense, military targeting and the use of drones, detention, interrogation, trial by military commission of captured terrorist operatives, and the impact of battlefield perspectives on counter-terror military operations, while illustrating how the law of armed conflict influences resolution of that issue. This Second Edition carries on the critical mission of continuing the ongoing dialogue about the law from an unabashedly military perspective, bringing practical wisdom to the contentious topic of applying international law to the battlefield.
Author : United States. President (2001-2009 : Bush)
Publisher :
ISBN 13 :
Total Pages : 108 pages
Book Rating : 4.:/5 (327 download)
Download or read book Proposed Legislation--Military Commissions Act of 2006 written by United States. President (2001-2009 : Bush) and published by . This book was released on 2006 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Fionnuala Ni Aoláin
Publisher : Cambridge University Press
ISBN 13 : 1107470005
Total Pages : 409 pages
Book Rating : 4.1/5 (74 download)
Download or read book Guantánamo and Beyond written by Fionnuala Ni Aoláin and published by Cambridge University Press. This book was released on 2013-08-26 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Maureen Duffy
Publisher : Bloomsbury Publishing
ISBN 13 : 150990400X
Total Pages : 367 pages
Book Rating : 4.5/5 (99 download)
Download or read book Detention of Terrorism Suspects written by Maureen Duffy and published by Bloomsbury Publishing. This book was released on 2018-02-08 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: Controversial erosions of individual liberties in the name of anti-terrorism are ongoing in liberal democracies. The focus of this book is on the manner in which strategic discourse has been used to create accepted political narratives. It specifically links aspects of that discourse to problematic and evolving terrorism detention practices that happen outside of traditional criminal and wartime paradigms, with examples including the detentions at Guantanamo Bay and security certificates in Canada. This book suggests that biased political discourse has, in some respects, continued to fuel public misconceptions about terrorism, which have then led to problematic legal enactments, supported by those misconceptions. It introduces this idea by presenting current examples, such as some of the language used by US President Donald Trump regarding terrorism, and it argues that such language has supported questionable legal responses to terrorism. It then critiques political arguments that began after 9/11, many of which are still foundational as terrorism detention practices evolve. The focus is on language emanating from the US, and the book links this language to specific examples of changed detention practices from the US, Canada, and the UK. Terrorism is undoubtedly a real threat, but that does not mean that all perceptions of how to respond to terrorism are valid. As international terrorism continues to grow and to change, this book offers valuable insights into problems that have arisen from specific responses, with the objective of avoiding those problems going forward.
Author : Morten Bergsmo
Publisher : Torkel Opsahl Academic EPublisher
ISBN 13 : 8293081813
Total Pages : 504 pages
Book Rating : 4.2/5 (93 download)
Download or read book Military Self-Interest in Accountability for Core International Crimes written by Morten Bergsmo and published by Torkel Opsahl Academic EPublisher. This book was released on 2018-04-21 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Robert Diab
Publisher : Oxford University Press
ISBN 13 : 0190243244
Total Pages : 292 pages
Book Rating : 4.1/5 (92 download)
Download or read book The Harbinger Theory written by Robert Diab and published by Oxford University Press. This book was released on 2015-03-11 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: North American law has been transformed in ways unimaginable before 9/11. Laws now authorize and courts have condoned indefinite detention without charge based on secret evidence, mass secret surveillance, and targeted killing of US citizens, suggesting a shift in the cultural currency of a liberal form of legality to authoritarian legality. The Harbinger Theory demonstrates that extreme measures have been consistently embraced in politics, scholarship, and public opinion, not in terms of a general fear of the greater threat that terrorism now poses, but a more specific belief that 9/11 was the harbinger of a new order of terror, giving rise to the likelihood of an attack on the same scale as 9/11 or greater in the near future, involving thousands of casualties and possibly weapons of mass destruction. It explains how the harbinger theory shapes debates about rights and security by virtue of rhetorical strategies on the part of political leaders and security experts, and in works of popular culture, in which the theory is often invoked as a self-evident truth, without the need for supporting evidence or authority. It also reveals how liberal advocates tend to be deferential to the theory, aiding its deeper entrenchment through the absence of a prominent public critique of it. In a unique overview of a range of skeptical evidence about the likelihood of mass terror involving WMD or conventional means, this book contends that a potentially more effective basis for reform advocacy is not to dismiss overstated threat claims as implausible or psychologically grounded, but to challenge the harbinger theory directly through the use of contrary evidence.
Author : Kent Roach
Publisher : Cambridge University Press
ISBN 13 : 1139501380
Total Pages : 493 pages
Book Rating : 4.1/5 (395 download)
Download or read book The 9/11 Effect written by Kent Roach and published by Cambridge University Press. This book was released on 2011-08-15 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically and comparatively examines the responses of the United Nations and a range of countries to the terror attacks on September 11, 2001. It assesses the convergence between the responses of Western democracies including the United States, the United Kingdom, Australia and Canada with countries with more experience with terrorism including Egypt, Syria, Israel, Singapore and Indonesia. A number of common themes - the use of criminal law and immigration law, the regulation of speech associated with terrorism, the review of the state's whole of government counter-terrorism activities, and the development of national security policies - are discussed. The book provides a critical take on how the United Nations promoted terrorism financing laws and listing processes and the regulation of speech associated with terrorism but failed to agree on a definition of terrorism or the importance of respecting human rights while combating terrorism.
Author : C. Ronald Huff
Publisher : Routledge
ISBN 13 : 0415539935
Total Pages : 434 pages
Book Rating : 4.4/5 (155 download)
Download or read book Wrongful Convictions and Miscarriages of Justice written by C. Ronald Huff and published by Routledge. This book was released on 2013 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together the world-class scholarship of 23 widely acclaimed and influential contributing authors from North America and Europe. The latest research is presented in 18 chapters focusing on the frequency, causes, and consequences of wrongful convictions and other miscarriages of justice and offering recommendations for both legal and public policy reforms that can help reduce the causes of these errors while protecting public safety as well.
Author : Gregory E. Maggs
Publisher :
ISBN 13 : 9781634598279
Total Pages : 0 pages
Book Rating : 4.5/5 (982 download)
Download or read book Modern Military Justice written by Gregory E. Maggs and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook comprehensively covers the modern military justice system under the Uniform Code of Military Justice. The materials included come from every service within the Armed Forces, and show how the military justice system addresses all criminal offenses, ranging from minor infractions to serious offenses such as the misconduct of soldiers at Abu Ghraib prison. The text covers the jurisdiction of courts-martial; sources of military law; military offenses and defenses; pre-trial, trial, and appellate procedures; the role of judge advocates; non-judicial punishment and other alternatives to courts-martial; special forums such as boards of inquiry and military commissions for trying enemy belligerents; the relationship of courts-martial to state and federal courts; and much more. All chapters include policy questions about currently controversial issues. The text is appropriate for all students, whether or not they have had prior military experience. The Second Edition includes five new cases and addresses new legislation concerning special victims counsel; preliminary hearings; the role of commanders in referring and reviewing charges; mandatory minimum sentences for conviction of certain sex offenses; the offense of sodomy; and the good soldier defense.
Author : Marjolein Cupido
Publisher : Cambridge University Press
ISBN 13 : 1108590152
Total Pages : pages
Book Rating : 4.1/5 (85 download)
Download or read book Modes of Liability in International Criminal Law written by Marjolein Cupido and published by Cambridge University Press. This book was released on 2019-07-11 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Presently, many of the greatest debates and controversies in international criminal law concern modes of liability for international crimes. The state of the law is unclear, to the detriment of accountability for major crimes and of the uniformity of international criminal law. The present book aims at clarifying the state of the law and provides a thorough analysis of the jurisprudence of international courts and tribunals, as well as of the debates and the questions these debates have left open. Renowned international criminal law scholars analyze, in discrete chapters, the modes of liability one by one; for each mode they identify the main trends in the jurisprudence and the main points of controversy. An introduction addresses the cross-cutting issues, and a conclusion anticipates possible evolutions that we may see in the future. The research on which this book is based was undertaken with the Geneva Academy.
Author : Stefano Ruggeri
Publisher : Springer Science & Business Media
ISBN 13 : 3642320120
Total Pages : 561 pages
Book Rating : 4.6/5 (423 download)
Download or read book Transnational Inquiries and the Protection of Fundamental Rights in Criminal Proceedings written by Stefano Ruggeri and published by Springer Science & Business Media. This book was released on 2013-01-09 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: The protection of fundamental rights in the field of transnational criminal inquiries is of great delicateness in the current tangled web of domestic and international legal sources. Due to this complex scenario, this research has been carried out from a four-level perspective. The first part provides a critical analysis of the multilevel systems of protecting fundamental rights from the perspective of supranational and constitutional case law, and in the field of international and organized crime. The second part focuses on EU judicial cooperation in three main fields: financial and serious organized crime, mutual recognition tools, and individual rights protection. The third part provides the perspectives of ten domestic legal systems in two fields, i.e., obtaining evidence abroad and cooperation with international criminal tribunals. The fourth part analyses cross-border inquiries in comparative law, providing a reconstruction of different models of obtaining evidence overseas.
Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution, Civil Rights, and Civil Liberties
Publisher :
ISBN 13 :
Total Pages : 260 pages
Book Rating : 4.:/5 (327 download)
Download or read book Proposals for Reform of the Military Commissions System written by United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution, Civil Rights, and Civil Liberties and published by . This book was released on 2009 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Hurst Hannum
Publisher : Aspen Publishing
ISBN 13 : 1454892595
Total Pages : 1560 pages
Book Rating : 4.4/5 (548 download)
Download or read book International Human Rights written by Hurst Hannum and published by Aspen Publishing. This book was released on 2017-09-15 with total page 1560 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Sixth Edition of International Human Rights provides students with an accessible, problem-based pedagogy that forces them consider the fundamental human rights issues of from political and legal perspectives. Balancing practical considerations and underlying theory, this outstanding and newly expanded authorship team delivers a comprehensive text that examines the historical underpinnings and contemporary considerations that animate human rights efforts across the globe. Professors and students will benefit from: Streamlined text with contents being more intuitive; eliminating the underutilized section on International Criminal Law and reapportioning those materials elsewhere, and condensing the International Humanitarian Law section. Thoroughly updated text that includes recent scholarship, reports from International Tribunals, and changes in International Human Rights landscape. An incorporation of recent resolutions from international tribunals and decisions for international adjudicatory bodies.
