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The Exercising Of Military And Extraterritorial Jurisdiction Over Civilians And War Crimes
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Book Synopsis The Exercising of Military and Extraterritorial Jurisdiction Over Civilians and War Crimes by : Judge Advocate Judge Advocate Generals School
Download or read book The Exercising of Military and Extraterritorial Jurisdiction Over Civilians and War Crimes written by Judge Advocate Judge Advocate Generals School and published by CreateSpace. This book was released on 2015-04-29 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the current state of military and federal extraterritorial jurisdiction over offenses committed in foreign countries by civilians accompanying the armed forces and by former servicemen. The Criminal Justice Reform Act of 1975 provides a solution to the presently existing jurisdictional void in this area by creating extraterritorial federal jurisdiction over citizens not subject to the Uniform Code of Military Justice. Military and federal jurisdiction under the Act are compared and contrasted with a view toward delineating the areas of exclusive and concurrent jurisdiction. Changes in the extraterritorial provisions of the Act are recommended to insure that jurisdiction over offenses by former servicemen is obtained. The thesis concludes by recommending policies and procedures for determining whether the military or civilian authorities should prosecute civilians in time of declared war. Additionally, prosecution of civilians and former servicemen for war crimes in the federal courts or by military commission is advocated.
Book Synopsis The Exercising of Military and Extraterritorial Jurisdiction Over Civilians and War Crimes by : Judge Advocate Judge Advocate Generals School
Download or read book The Exercising of Military and Extraterritorial Jurisdiction Over Civilians and War Crimes written by Judge Advocate Judge Advocate Generals School and published by Createspace Independent Publishing Platform. This book was released on 2015-12-23 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the current state of military and federal extraterritorial jurisdiction over offenses committed in foreign countries by civilians accompanying the armed forces and by former servicemen. The Criminal Justice Reform Act of 1975 provides a solution to the presently existing jurisdictional void in this area by creating extraterritorial federal jurisdiction over citizens not subject to the Uniform Code of Military Justice. Military and federal jurisdiction under the Act are compared and contrasted with a view toward delineating the areas of exclusive and concurrent jurisdiction. Changes in the extraterritorial provisions of the Act are recommended to insure that jurisdiction over offenses by former servicemen is obtained. The book concludes by recommending policies and procedures for determining whether the military or civilian authorities should prosecute civilians in time of declared war. Additionally, prosecution of civilians and former servicemen for war crimes in the federal courts or by military commission is advocated.
Book Synopsis Getting Away With Murder: The Forty Year Jurisdictional Gap Over DoD Civilians Stationed Overseas and the Military Extraterritorial Jurisdiction Act of 2000 by :
Download or read book Getting Away With Murder: The Forty Year Jurisdictional Gap Over DoD Civilians Stationed Overseas and the Military Extraterritorial Jurisdiction Act of 2000 written by and published by . This book was released on 2001 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: The need for jurisdiction over civilians accompanying the military forces overseas has never been greater. Civilian employees and contractors are playing an increasingly important role in military operations overseas. The ability of family members to see the world as they accompany the Armed Forces overseas is one of the unique perks of military life. However, civilians who accompany our armed forces overseas have the potential to create significant problems for the military, and the nation in general, if they become involved in criminal activity. Crimes committed by Department of Defense (DoD) civilians overseas can undermine the good order and discipline of the overseas forces, and even to create international incidents. Unfortunately, there has not been an effective method to bring these individuals to justice. In the past, the military was able to deal with these crimes directly by exercising court-martial jurisdiction over DoD civilians who commit crimes overseas. However, a series of Supreme Court decisions in the 1950's held that court-martial jurisdiction over civilians in times of peace was unconstitutional because courts-martial did not offer sufficient due process to a civilian defendant. These rulings created a situation where there was virtually no U.S. jurisdiction over DoD civilians overseas, and any prosecution of such crimes was left to the various justice systems of the host nations.
Author :United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime Publisher :Agriculture Department ISBN 13 : Total Pages :46 pages Book Rating :4.:/5 (327 download)
Book Synopsis Military Extraterritorial Jurisdiction Act of 1999 by : United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime
Download or read book Military Extraterritorial Jurisdiction Act of 1999 written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime and published by Agriculture Department. This book was released on 2000 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Encyclopedia of War, 5 Volume Set by : Gordon Martel
Download or read book The Encyclopedia of War, 5 Volume Set written by Gordon Martel and published by John Wiley & Sons. This book was released on 2012-01-17 with total page 2973 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ground-breaking 5-volume reference is a comprehensive print and electronic resource covering the history of warfare from ancient times to the present day, across the entire globe. Arranged in A-Z format, the Encyclopedia provides an overview of the most important events, people, and terms associated with warfare - from the Punic Wars to the Mongol conquest of China, and the War on Terror; from the Ottoman Sultan, Suleiman ‘the Magnificent’, to the Soviet Military Commander, Georgi Konstantinovich Zhukov; and from the crossbow to chemical warfare. Individual entries range from 1,000 to 6,000 words with the longer, essay-style contributions giving a detailed analysis of key developments and ideas. Drawing on an experienced and internationally diverse editorial board, the Encyclopedia is the first to offer readers at all levels an extensive reference work based on the best and most recent scholarly research. The online platform further provides interactive cross-referencing links and powerful searching and browsing capabilities within the work and across Wiley-Blackwell’s comprehensive online reference collection. Learn more at www.encyclopediaofwar.com. Selected by Choice as a 2013 Outstanding Academic Title Recipient of a 2012 PROSE Award honorable mention
Book Synopsis Military Extraterritorial Jurisdiction Act of 2000 by : United States. Congress. House. Committee on the Judiciary
Download or read book Military Extraterritorial Jurisdiction Act of 2000 written by United States. Congress. House. Committee on the Judiciary and published by . This book was released on 2000 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Manual for Courts-martial United States, 1951 by : United States. Department of Defense
Download or read book Manual for Courts-martial United States, 1951 written by United States. Department of Defense and published by . This book was released on 1951 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This pamphlet contains a short history of the preparation of the Manual ... together with brief discussions of the legal and legislative considerations involved in the drafting of the book."--Pref.
Book Synopsis Criminalising Peacekeepers by : Melanie O'Brien
Download or read book Criminalising Peacekeepers written by Melanie O'Brien and published by Springer. This book was released on 2017-11-23 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines Australia’s and the United States’ ability to prosecute their peacekeepers for sexual exploitation and abuse. The United Nations has too long been plagued by sexual exploitation and abuse in some of the world’s most vulnerable communities. Discussion within United Nations’ reporting and academic scholarship focuses on policy; however, a significant concern outlined here is that peacekeepers are committing sexual offences with impunity, despite exclusive criminal jurisdiction over peacekeepers being granted to their sending states. In this original study O’Brien provides an in-depth, feminist analysis of US and Australian sexual offending law and jurisdiction over their military and military-civilian peacekeepers. Based on timely critical analysis, this book demonstrates the limitations states face in ensuring accountability for sexual exploitation and abuse by peacekeepers – a factor which directly contributes to ongoing commission of and impunity for such offences. Calling for a rights-based, transnational law response to these crimes, this engaging and thought-provoking work will appeal to international practitioners, governments, UN policy-makers, and scholars of international, military and criminal law.
Book Synopsis The Law of Armed Conflict by : Gary D. Solis
Download or read book The Law of Armed Conflict written by Gary D. Solis and published by Cambridge University Press. This book was released on 2016-04-18 with total page 923 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book introduces students to the essential questions of the law of armed conflict and international humanitarian law.
Book Synopsis International Organizations and the Fight for Accountability by : Carla Ferstman
Download or read book International Organizations and the Fight for Accountability written by Carla Ferstman and published by Oxford University Press. This book was released on 2017-07-26 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: International organizations have increasingly taken on state or quasi state-like functions in order to exercise control over individuals and societies, most pressingly in contexts of conflict and transition. Their engagement in peace operations has progressively widened, with mandates now regularly including the protection of civilian populations and, in several new operations, containing peace enforcement responsibilities with active combat duties. This increases the risk that their conduct may infringe human rights and international humanitarian law. This book explores the ways in which the principles of accountability and reparation apply to international organizations. When considering whether international organizations are obliged to afford reparation and to whom it is owed, as well as what it entails, we are confronted with the challenge of understanding how the law of responsibility intersects with specialized regimes of human rights and international humanitarian law, particularly in its application to individuals. The justifications for organizational immunities and other limits on international organizations' responsibilities were conceived to ensure IOs independence from state influences and their capacity to engage in often difficult circumstances. Many, if not all, of these rationales remain relevant today, yet disciplinary, oversight, and judicial structures that exist in state administrations to promote accountability and forestall abuses have only partially been put into place for international organizations. At the same time, individuals affected by their conduct have had no, or only cursory recourse to domestic, regional and international courts and they have not been able to rely on their states of nationality to pursue claims on their behalf.
Book Synopsis The Constitution and the Future of Criminal Justice in America by : John T. Parry
Download or read book The Constitution and the Future of Criminal Justice in America written by John T. Parry and published by Cambridge University Press. This book was released on 2013-08-26 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitution and the Future of Criminal Justice in America brings together leading scholars from law, psychology and criminology to address timely and important topics in US criminal justice. The book tackles cutting-edge issues related to terrorism, immigration and transnational crime, and to the increasingly important connections between criminal law and the fields of social science and neuroscience. It also provides critical new perspectives on intractable problems such as the right to counsel, race and policing, and the proper balance between security and privacy. By putting legal theory and doctrine into a concrete and accessible context, the book will advance public policy and scholarly debates alike. This collection of essays is appropriate for anyone interested in understanding the current state of criminal justice and its future challenges.
Download or read book The Air Force Law Review written by and published by . This book was released on with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Air Force Law Review written by and published by LLMC. This book was released on with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Military Law Review written by and published by . This book was released on 2003 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis War by Contract by : Francesco Francioni
Download or read book War by Contract written by Francesco Francioni and published by Oxford University Press, USA. This book was released on 2011-01-13 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: The conduct of armed conflict is increasingly being outsourced to private military and security companies, whose legal position remains unclear. This book identifies and analyses the human rights and humanitarian law framework applicable to these companies, examining how they can be held to account and how victims can obtain remedies.
Book Synopsis Extraterritorial Criminal Jurisdiction by : European Committee on Crime Problems
Download or read book Extraterritorial Criminal Jurisdiction written by European Committee on Crime Problems and published by . This book was released on 1990 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Irish Yearbook of International Law by : Fiona de Londras
Download or read book The Irish Yearbook of International Law written by Fiona de Londras and published by Bloomsbury Publishing. This book was released on 2017-02-09 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Irish Yearbook of International Law (IYIL) supports research into Ireland's practice in international affairs and foreign policy, filling a gap in existing legal scholarship and assisting in the dissemination of Irish thinking and practice on matters of international law. On an annual basis, the Yearbook presents peer-reviewed academic articles and book reviews on general issues of international law. Designated correspondents provide reports on international law developments in Ireland, Irish practice in international bodies, Ireland and the Law of the Sea and the law of the European Union as relevant to developments in Ireland. In addition, the Yearbook reproduces key documents that reflect Irish practice on contemporary issues of international law. Publication of The Irish Yearbook of International Law makes Irish practice and opinio juris more readily available to governments, academics and international bodies when determining the content of international law. In providing a forum for the documentation and analysis of North-South relations the Yearbook also makes an important contribution to post-conflict and transitional justice studies internationally. As a matter of editorial policy, the Yearbook seeks to promote a multilateral approach to international affairs, reflecting and reinforcing Ireland's long-standing commitment to multilateralism as a core element of foreign policy. The ninth volume of The Irish Yearbook of International Law engages with contemporary issues in international law, raising questions both as to the conceptual underpinnings of international law in relation to the Responsibility to Protect doctrine, and state practice in fields such as Law of the Sea and belligerent occupation, prosecution of war crimes in domestic courts, and the evolving field of international disability law.
