The initial responses to 9/11 engaged categorical questions about ‘war’, ‘terrorism’, and ‘crime’. Now the implementation of counter-terrorism law is infused with dichotomies – typically depicted as the struggle between security and human rights, but explored more exactingly in this book as traversing boundaries around the roles of lawyers, courts, and crimes; the relationships between police, military, and security agencies; and the interplay of international and national enforcement. The contributors to this book explore how developments in counter-terrorism have resulted in pressures to cross important ethical, legal and organizational boundaries. They identify new tensions and critique the often unwanted outcomes within common law, civil law, and international legal systems.
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Crossing Legal Boundaries in Defence of the State
Edited by Aniceto Masferrer and Clive Walker
Challenges to Adjudication and Investigation
Edited by Fausto Pocar, Marco Pedrazzi and Micaela Frulli
Most charges for war crimes are brought for violations of the rules on the treatment of protected persons in armed conflict situations. However in certain cases, they are brought for serious breach of international humanitarian law rules governing the conduct of hostilities. This book seeks to address this somewhat neglected area of international criminal law.
Jus ad Bellum, Jus in Bello and Jus post Bellum
Edited by Nigel White and Christian Henderson
This innovative Research Handbook brings together leading international law scholars from around the world to discuss and highlight the contemporary debate regarding issues of conflict prevention and the legality of resorting to the use of armed force through to those arising during an armed conflict and in the phase between conflict and peace.
Edited by David Cole, Federico Fabbrini and Arianna Vedaschi
Virtually every nation has had to confront tensions between the rule-of-law demands for transparency and accountability and the need for confidentiality with respect to terrorism and national security. This book provides a global and comparative overview of the implications of governmental secrecy in a variety of contexts. Expert contributors from around the world discuss the dilemmas posed by the necessity for – and evils of – secrecy, and assess constitutional mechanisms for checking the abuse of secrecy by national and international institutions in the field of counter-terrorism.
A Sustainable Development Perspective
This book explores environmental protection relevant to security and armed conflict from a sustainable development perspective. The author details how at each stage of the armed conflict life cycle, policy, law and enforcement have fallen short of the sustainable development model and concludes with a set of suggestions for how to address this pressing concern.