Romantics at War

Author: George P. Fletcher
Publisher: Princeton University Press
ISBN: 9781400825172
Format: PDF, ePub, Mobi
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America is at war with terrorism. Terrorists must be brought to justice. We hear these phrases together so often that we rarely pause to reflect on the dramatic differences between the demands of war and the demands of justice, differences so deep that the pursuit of one often comes at the expense of the other. In this book, one of the country's most important legal thinkers brings much-needed clarity to the still unfolding debates about how to pursue war and justice in the age of terrorism. George Fletcher also draws on his rare ability to combine insights from history, philosophy, literature, and law to place these debates in a rich cultural context. He seeks to explain why Americans--for so many years cynical about war--have recently found war so appealing. He finds the answer in a revival of Romanticism, a growing desire in the post-Vietnam era to identify with grand causes and to put nations at the center of ideas about glory and guilt. Fletcher opens with unsettling questions about the nature of terrorism, war, and justice, showing how dangerously slippery the concepts can be. He argues that those sympathetic to war are heirs to the ideals of Byron, Fichte, and other Romantics in their belief that nations--not just individuals--must uphold honor and be held accountable for crimes. Fletcher writes that ideas about collective glory and guilt are far more plausible and widespread than liberal individualists typically recognize. But as he traces the implications of the Romantic mindset for debates about war crimes, treason, military tribunals, and genocide, he also shows that losing oneself in a grand cause can all too easily lead to moral catastrophe. A work of extraordinary intellectual power and relevance, the book will change how we think not only about world events, but about the conflicting individualist and collective impulses that tear at all of us.

International Cooperation in Counter terrorism

Author: Giuseppe Nesi
Publisher: Routledge
ISBN: 1317114310
Format: PDF, Kindle
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This volume provides a timely analysis of global and regional responses to international terrorism. The work assesses the role of the United Nations and its various organs, particularly the General Assembly and the Security Council, and discusses the key legal issues. The second part of the book examines the activity of regional organizations both in their own right as well as their interaction with the UN. The volume concludes with a discussion of whether, to what extent and how the fight against terrorism has encroached upon fundamental rules of international law such as the international protection of human rights or the use of force among states. The volume is the latest in a series drawing on the presentations of high ranking scholars, diplomats and representatives of international organizations. The result is a stimulating and thought-provoking book which will be of interest to researchers and policy-makers alike.

Pluralism in International Criminal Law

Author: Elies van Sliedregt
Publisher: OUP Oxford
ISBN: 019100829X
Format: PDF, Mobi
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Despite the growth in international criminal courts and tribunals, the majority of cases concerning international criminal law are prosecuted at the domestic level. This means that both international and domestic courts have to contend with a plethora of relevant, but often contradictory, judgments by international institutions and by other domestic courts. This book provides a detailed investigation into the impact this pluralism has had on international criminal law and procedure, and examines the key problems which arise from it. The work identifies the various interpretations of the concept of pluralism and discusses how it manifests in a broad range of aspects of international criminal law and practice. These include substantive jurisdiction, the definition of crimes, modes of individual criminal responsibility for international crimes, sentencing, fair trial rights, law of evidence, truth-finding, and challenges faced by both international and domestic courts in gathering, testing and evaluating evidence. Authored by leading practitioners and academics in the field, the book employs pluralism as a methodological tool to advance the debate beyond the classic view of 'legal pluralism' leading to a problematic fragmentation of the international legal order. It argues instead that pluralism is a fundamental and indispensable feature of international criminal law which permeates it on several levels: through multiple legal regimes and enforcement fora, diversified sources and interpretations of concepts, and numerous identities underpinning the law and practice. The book addresses the virtues and dangers of pluralism, reflecting on the need for, and prospects of, harmonization of international criminal law around a common grammar. It ultimately brings together the theories of legal pluralism, the comparative law discourse on legal transplants, harmonization, and convergence, and the international legal debate on fragmentation to show where pluralism and divergence will need to be accepted as regular, and even beneficial, features of international criminal justice.

The Path to Paradise

Author: Anat Berko
Publisher: Greenwood Publishing Group
ISBN: 9780275994464
Format: PDF, Docs
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Offers a rare glimpse into the inner world of suicide bombers and those who dispatch them, and provides the most personal encounter a reader can have with a suicide bomber.

Defending Humanity

Author: George P. Fletcher
Publisher: Oxford University Press
ISBN: 0198040350
Format: PDF, ePub, Docs
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In Defending Humanity, internationally acclaimed legal scholar George P. Fletcher and Jens David Ohlin, a leading expert on international criminal law, tackle one of the most important and controversial questions of our time: When is war justified? When a nation is attacked, few would deny that it has the right to respond with force. But what about preemptive and preventive wars, or crossing another state's border to stop genocide? Was Israel justified in initiating the Six Day War, and was NATO's intervention in Kosovo legal? What about the U.S. invasion of Iraq? In their provocative book, Fletcher and Ohlin offer a groundbreaking theory on the legality of war with clear guidelines for evaluating these interventions. The authors argue that much of the confusion on the subject stems from a persistent misunderstanding of the United Nations Charter. The Charter appears to be very clear on the use of military force: it is only allowed when authorized by the Security Council or in self-defense. Unfortunately, this has led to the problem of justifying force when the Security Council refuses to act or when self-defense is thought not to apply--and to the difficult dilemma of declaring such interventions illegal or ignoring the UN Charter altogether. Fletcher and Ohlin suggest that the answer lies in going back to the domestic criminal law concepts upon which the UN Charter was originally based, in particular, the concept of "legitimate defense," which encompasses not only self-defense but defense of others. Lost in the English-language version of the Charter but a vital part of the French and other non-English versions, the concept of legitimate defense will enable political leaders, courts, and scholars to see the solid basis under international law for states to intervene with force--not just to protect themselves against an imminent attack but also to defend other national groups.

The Trouble with Terror

Author: Tamar Meisels
Publisher: Cambridge University Press
ISBN: 9780521728324
Format: PDF
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What is terrorism and can it ever be defended? Beginning with its definition, proceeding to its possible justifications, and culminating in proposals for contending with and combating it, this book offers a full theoretical analysis of the issue of terrorism. Tamar Meisels argues that, regardless of its professed cause, terrorism is diametrically opposed to the requirements of liberal morality and can only be defended at the expense of relinquishing the most basic of liberal commitments. Meisels opposes those who express sympathy and justification for Islamist (particularly Palestinian) terrorism and terrorism allegedly carried out on behalf of developing nations, but, at the same time, also opposes those who would tolerate any reduction in civil liberties in exchange for greater security. Calling wholeheartedly for a unanimous liberal front against terrorism, this is a strong and provocative attempt to address the tension between liberty and security in a time of terror.

Undeclared war and the future of U S foreign policy

Author: Kenneth B. Moss
Publisher: Johns Hopkins Univ Pr
ISBN:
Format: PDF, Mobi
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Undeclared wars have a history in the United States almost as old as the country itself and bear an importance that has grown along with the nation's power, international status, and technological proficiency. Kenneth B. Moss's highly original argument in Undeclared War and the Future of U.S. Foreign Policy demonstrates that though the framers of the Constitution had a broad notion of the varieties of war and the authority under which they would be undertaken without a formal declaration, Congress and the President are leading the United States into conflicts without fundamental oversight and accountability. The concentration of power in the president's hands is particularly troubling to Moss, and he traces the shift to congressional deference and even timidity. Presidential accountability to Congress and the public for limited wars has been harmfully weak, most recently in the wars against Vietnam and Iraq, says the author, and he proposes a new strategy for improving congressional institutions for oversight.