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Prosecuting Maritime Piracy
This book addresses maritime piracy by focusing on the unique and fascinating issues arising in the course of domestic piracy prosecutions, from the pursuit and apprehension of pirates to their trial and imprisonment. It examines novel matters not addressed in other published works, such as the challenges in preserving and presenting evidence in piracy trials, the rights of pirate defendants, and contending with alleged pirates who are juveniles. A more thorough understanding of modern piracy trials and the precedent they have established is critical to scholars, practitioners, and the broader community interested in counter-piracy efforts, as these prosecutions are likely to be the primary judicial mechanism to contend with pirate activity going forward.
Preventive Detention of Terror Suspects
Preventive detention as a counter-terrorism tool is fraught with conceptual and procedural problems and risks of misuse, excess and abuse. Many have debated the inadequacies of the current legal frameworks for detention, and the need for finding the most appropriate legal model to govern detention of terror suspects that might serve as a global paradigm. This book offers a comprehensive and critical analysis of the detention of terror suspects under domestic criminal law, the law of armed conflict and international human rights law. The book looks comparatively at the law in a number of key jurisdictions including the USA, the UK, Israel, France, India, Australia and Canada and in turn compa...
Habeas Corpus after 9/11
2012 American Bar Association Gavel Award Honorable Mention for Books 2012 Scribes Book Silver Medal Award presented by the American Society of Legal Writers The U.S. detention center at Guantánamo Bay has long been synonymous with torture, secrecy, and the abuse of executive power. It has come to epitomize lawlessness and has sparked protracted legal battles and political debate. For too long, however, Guantánamo has been viewed in isolation and has overshadowed a larger, interconnected global detention system that includes other military prisons such as Bagram Air Base in Afghanistan, secret CIA jails, and the transfer of prisoners to other countries for torture. Guantánamo is simply—...
Hatred at Home
One day in 2002, three friends— a Somali immigrant, a Pakistan-born U.S. citizen, and a hometown African American—met in a Columbus, Ohio, coffee shop and vented over civilian casualties in the war in Afghanistan. Their conversation triggered an investigation that would become one of the most unusual and far-reaching government probes into terrorism since the 9/11 attacks. Over several years, prosecutors charged each man with unrelated terrorist activities in cases that embodied the Bush administration’s approach to fighting terrorism at home. Government lawyers spoke of catastrophes averted; defense attorneys countered that none of the three had done anything but talk. The stories of these homegrown terrorists illustrate the paradox the government faced after September 11: how to fairly wage a war against alleged enemies living in our midst. Hatred at Home is a true crime drama that will spark debate from all political corners about safety, civil liberties, free speech, and the government’s war at home.
Secrecy, National Security and the Vindication of Constitutional Law
ÔThis is an important collection of scholarly essays that will illuminate positive legal developments and normative constitutionalist concerns in the expanding arena of secret government decisions. This book is indispensable reading for those concerned with constitutionalism, the rule of law and democracy as they bear on the tensions between secrecy and disclosure in government responses to terrorism.Õ Ð Vicki C. Jackson, Harvard University Law School, US ÔThis book contains the broadest and deepest analysis of the legal and policy issues that relate to secrecy and national security on one hand, and the imperatives of a functioning democracy on the other. The broadest because it brings t...
