Extraterritorial Criminal Jurisdiction And International Terrorism PDF Download

Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Extraterritorial Criminal Jurisdiction And International Terrorism PDF full book. Access full book title Extraterritorial Criminal Jurisdiction And International Terrorism.

Extraterritorial Criminal Jurisdiction and International Terrorism

Extraterritorial Criminal Jurisdiction and International Terrorism
Author: Matthew Garrod
Publisher:
Total Pages: 0
Release: 2019-05-09
Genre:
ISBN: 9781509911417
GET BOOK

Download Extraterritorial Criminal Jurisdiction and International Terrorism Book in PDF, ePub and Kindle

Transnational terrorism poses one of the most serious and growing threats to States and to international peace and security. The geographically diffuse and complex cellular nature of terrorist networks and infrequent government support seriously undermines international law, in particular the law of jurisdiction, which is one of its most fundamental areas and grounded in the principles of territoriality and nationality. The principles of extraterritorial criminal jurisdiction, since they were first defined by the Harvard Research in International Law in 1935, have yet to be codified in a treaty. As a result, such principles are highly controversial and little understood. This monograph provides the first comprehensive and empirically informed analysis of the protective principle of extraterritorial criminal jurisdiction. Informed by the analysis of State, treaty, and institutional practice, principally in the terrorism context, the protective principle is, for the first time in recent history, reconsidered and defined. This book provides new insight on how States have used protective principle jurisdiction, as well as some important clarification by identifying and defining 'vital interests' and providing a typology of interests included under the ambit of the protective principle lex lata.

Terrorism and Extraterritorial Jurisdiction in Criminal Cases

Terrorism and Extraterritorial Jurisdiction in Criminal Cases
Author:
Publisher:
Total Pages: 0
Release: 2002
Genre:
ISBN:
GET BOOK

Download Terrorism and Extraterritorial Jurisdiction in Criminal Cases Book in PDF, ePub and Kindle

Most crime is territorial. It is proscribed, investigated, tried, and punished under the law of the place where it occurs. As a general rule, no nation's laws apply within the territory of another. Yet in a surprising number of instances, federal criminal law does apply overseas to U.S. citizens and foreign nationals. As long as there is some nexus to the United States, federal law authorizes prosecution -- practical, diplomatic, and procedural impediments notwithstanding. In the 107th Congress, the USA PATRIOT Act and the legislation implementing the international conventions on terrorist bombings and on financing terrorism have extended the substantive authority for federal prosecution of crimes occurring elsewhere. This is an abridged version of CRS Report RL31557, Terrorism and Extraterritorial Jurisdiction in Criminal Cases: Recent Developments, stripped of its footnotes and most citations.

Accountability in Extraterritoriality

Accountability in Extraterritoriality
Author: Danielle Ireland-Piper
Publisher: Edward Elgar Publishing
Total Pages: 205
Release: 2017-02-24
Genre: Law
ISBN: 1786431785
GET BOOK

Download Accountability in Extraterritoriality Book in PDF, ePub and Kindle

Nation states are increasingly asserting jurisdiction over criminal offenses that occur extraterritorially. In some instances, this can cause political tension and legal uncertainty, as the principles of jurisdiction under international law do not adequately resolve competing claims. In that context, this book considers principles of jurisdiction and mechanisms by which to achieve jurisdictional restraint under international law, including the possibilities presented by the abuse of rights doctrine.

Defining International Terrorism

Defining International Terrorism
Author: Stella Margariti
Publisher: Springer
Total Pages: 194
Release: 2017-08-01
Genre: Law
ISBN: 946265204X
GET BOOK

Download Defining International Terrorism Book in PDF, ePub and Kindle

This book is an attempt to approach the issue of defining international terrorism, proposing that the most workable way to do so is to achieve due balance between the two principal driving forces of international law developments: State sovereignty interests and cosmopolitan ideals. All those who aspire to the promotion of international criminal justice and the fight against impunity agree that the formulation of a universal definition of international terrorism will further enhance the fight against terrorism and offer a universally acceptable legal framework within which this fight can be conducted. Discussed in an in-depth manner are, for instance, the UN Charter Provisions, the Rome Statute and the principle of complementarity, the Kampala amendments on the crime of aggression, the paradigms of aggression and terrorism, and prominent anti-terrorist Security Council Resolutions such as Resolution 1368 and Resolution 1373. The volume broadens the reader’s understanding on how State sovereignty interests and priorities as well as ideals of cosmopolitanism have influenced the development of international law in general and international criminal law in particular. Furthermore, it simplifies the complicated picture of defining international crimes by explaining how the ‘State sovereignty’ and ‘Cosmopolitanism’ dynamics have also been of relevance throughout the drafting process of the definition of the crime of aggression for the purposes of the Rome Statute for the International Criminal Court. In addition, it equips the reader with an understanding of the reasons behind the lack of an international definition for terrorism and suggests an appropriate context within which such a definition can take shape. It intends to appeal to academics and students with an interest in international criminal law and the international criminal justice system, international law and security, but also to anyone with an interest in transnational crime and counter-terrorism. Stella Margariti has recently graduated from the University of Dundee where she attained the title of Doctor from the School of Law.

International and Transnational Criminal Law

International and Transnational Criminal Law
Author: David Luban
Publisher: Aspen Publishing
Total Pages: 1853
Release: 2023-09-15
Genre: Law
ISBN: 1543847102
GET BOOK

Download International and Transnational Criminal Law Book in PDF, ePub and Kindle

International and Transnational Criminal Law, Fourth Edition, by David J. Luban, Julie R. O’Sullivan, David P. Stewart, and Neha Jain covers both international criminal law and the application of U.S. criminal law transnationally. This comprehensive and versatile book has chapters on each of the core crimes (aggression, genocide, crimes against humanity, and war crimes) as well as terrorism and torture. It has 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. It also covers U.S. criminal law in transnational contexts, including money laundering, Foreign Corrupt Practices Act, trafficking, and terrorism. In addition, it includes chapters on extradition, evidence gathering abroad, comparative criminal procedure and comparative sentencing, and U.S. 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 (as well as government lawyers and private practitioners) with no prior background in this increasingly important field. New to the Fourth Edition: Recent developments in the international tribunals, including the Special Court for the Central African Republic and Colombia’s Special Jurisdiction for Peace. Updates on post-Morrison jurisdictional developments, including new cases and exposition. Expanded treatment of aggression, including coverage of the Russia-Ukraine conflict. Comprehensive revision of the chapter on obtaining evidence abroad, with greater emphasis on difficulties facing defense counsel. Updates on ICC jurisprudence, including developments on command responsibility and criminal defenses. Updated genocide chapter, including a new section on cultural genocide and discussion of the Ukraine v. Russia ICJ litigation. Professors and students will benefit from: Versatility: The book can be used for courses on international criminal law and also for courses on U.S. criminal law applied across borders. Self-contained introductory chapters on basic public international law, transnational jurisdiction, and the nature of criminal law. A detailed treatment of “headline” issues including torture, terrorism, war crimes, and the Russia-Ukraine conflict. Readable background on historical context.

International Terrorism and Transnational Crime: Security Threats, U.S. Policy, and Considerations for Congress

International Terrorism and Transnational Crime: Security Threats, U.S. Policy, and Considerations for Congress
Author:
Publisher:
Total Pages: 0
Release: 2010
Genre:
ISBN:
GET BOOK

Download International Terrorism and Transnational Crime: Security Threats, U.S. Policy, and Considerations for Congress Book in PDF, ePub and Kindle

The involvement of insurgent and extremist groups in criminal activity is an issue that has been a concern of U.S. administrations for decades. In recent years, some observers have claimed that interactions between international terrorists and criminals are increasing. If true, expanded links between criminal and terrorist networks could increase U.S. vulnerability to attack by terrorist groups with enhanced criminal capabilities and financial resources. An expanded range of combined criminal and terrorist activity could also affect the global economy and U.S. foreign policy goals, undermining licit international commerce and the promotion of good governance and rule of law. Threats posed by a crime-terrorism nexus may be particularly challenging, as the scale and nature of their cooperation are believed to vary widely and limited anecdotal evidence largely serves as the basis for current understanding of the problem. U.S. efforts to combat the relationship between crime and terrorism are a subset of broader policy responses to transnational crime and international terrorism individually. While numerous U.S. strategies and programs are designed to combat international terrorism and transnational crime separately, fewer efforts focus specifically on addressing the confluence of the two. Those efforts that do exist focus mainly on (1) human smuggling and clandestine terrorist travel, (2) money laundering and terrorist financing, and (3) narcoterrorism links between drug traffickers and terrorists. Many of these efforts, including the creation of the Human Smuggling and Trafficking Center, the reorganization of the Treasury Departments Office of Terrorism and Financial Intelligence, and the expanded extraterritorial jurisdiction authority to investigate and prosecute international narcoterrorism cases, occurred in response to the attacks of September 11, 2001. Congress played a large role in such efforts, holding at least eight hearings specifically on some aspect of c.

Extraterritorial Application of American Criminal Law

Extraterritorial Application of American Criminal Law
Author: Charles Doyle
Publisher: DIANE Publishing
Total Pages: 73
Release: 2010-10
Genre: Law
ISBN: 143793479X
GET BOOK

Download Extraterritorial Application of American Criminal Law Book in PDF, ePub and Kindle

Crime is usually territorial. It is a matter of the law of the place where it occurs. Nevertheless, a surprising number of American criminal laws apply outside of the U.S. Application is generally a question of legislative intent, expressed or implied. In either case, it most often involves crimes committed aboard a ship or airplane, crimes condemned by international treaty, crimes committed against government employees or property, or crimes that have an impact in this country even if planned or committed in part elsewhere. Although the crimes over which the U.S. has extraterritorial jurisdiction may be many, so are the obstacles to their enforcement. Contents of this report: (1) Introduction; (2) Constitutional Considerations; (3) Conclusion; (5) Bibliography.

Legal Responses to International Terrorism

Legal Responses to International Terrorism
Author: M. Cherif Bassiouni
Publisher: Martinus Nijhoff Publishers
Total Pages: 524
Release: 1988-10-03
Genre: Law
ISBN: 9780898389319
GET BOOK

Download Legal Responses to International Terrorism Book in PDF, ePub and Kindle