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Clive Walker

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Clive Walker

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Clive Walker

This chapter invites a reading of the international rule of law as a marketing tool. Its rhetorical purchase is shown to provide fertile ground for branding, employed as a means to attract resources in a highly competitive industry – what I call the ‘global justice sector’. The practices of the International Criminal Court, one of those institutions competing in this sector, exemplify the employment of the international rule of law in its marketised form as a means to strengthen its global justice brand. This reading of the international rule of law is placed within the context of a neoliberalism which constitutes and reconstitutes the juncture between the market and justice.

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Clive Walker

Unlike the US ‘war on terror’, most other jurisdictions have followed a policy of prosecution primacy. Whilst this criminal justice approach is welcomed as securing several ethical gains, criminal prosecutions are susceptible to manipulation of counter-terrorism crimes and processes. As for the formulation of crimes, there arise special precursor offences, reflecting precautionary demands for intervention against bad thoughts not yet reflected in bad deeds. The pressures on process include reduced opportunities to challenge and evidential manipulation. The first part of this chapter will explain and assess the persistence of the criminal justice paradigm. The second part will probe the extent to which terrorism prosecutions can remain true to due process standards. The third part will reflect upon implications to date and future trends.

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Karen Cooper and Clive Walker

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Aniceto Masferrer and Clive Walker

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Clive Walker and Andrew Staniforth

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Edited by Aniceto Masferrer and Clive Walker

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Counter-Terrorism, Human Rights and the Rule of Law

Crossing Legal Boundaries in Defence of the State

Edited by Aniceto Masferrer and Clive Walker

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.