Guantánamo and beyond
Subtitle: exceptional courts and military commissions in comparative perspective
By: edited by Fionnuala Ní Aoláin, University of Minnesota School of Law; Oren Gross, University of Minnesota School of Law
Publisher: Cambridge University Press
Published: 2013
Place of publication: New York, NY
Language: eng
Number of pages: 385
ISBN-13: 9781107009219; 9781107401686
Subjects: Terrorism; Prevention; Law and legislation; Courts of special jurisdiction; Military courts
Description: "The Military Commissions scheme established by President George W. Bush in November 2001 has garnered considerable national and international controversy. In parallel with the detention facilities at Guantánamo Bay, Cuba, the creation of military courts has focused significant global attention on the use of such courts as a mechanism to process and try persons suspected of committing terrorist acts or offenses during armed conflict. This book brings together the viewpoints of leading scholars and policy makers on the topic of exceptional courts and military commissions with a series of unique contributions setting out the current 'state of the field.' The book assesses the relationship between such courts and other intersecting and overlapping legal arenas including constitutional law, international law, international human rights law, and international humanitarian law. By examining the comparative patterns, similarities, and disjunctions arising from the use of such courts, this book also analyzes the political and legal challenges that the creation and operation of exceptional courts produce both within democratic states and for the international community"--Page [i].
Notes: Includes bibliographical references and index.
Table of contents: title: The development of an exceptional court : the history of the American military commission / David Glazier; title: Military commissions in historical perspective : lessons from the United States - Dakota war trials / Carol L. Chomsky; title: Contemporary law of war and military commissions / Gary D. Solis; title: Military commissions and the paradigm of prevention / David Cole; title: Prevention, detention, and extraordinariness / Fiona de Londras; title: In defense of federal criminal courts for terrorism cases in the United States / Gabor Rona and Raha Wala; title: Exceptional courts and the structure of American military justice / Stephen I. Vladeck; title: Exceptional courts in counterterrorism : lessons from the Foreign Intelligence Surveillance Act (FISA) / William C. Banks; title: The law working itself pure? The Canadian experience with exceptional courts and Guantánamo / Kent Roach; title: Vicious and virtuous cycles in prosecuting terrorism : the Diplock court experience / John Jackson; title: Terrorism prosecution in the United Kingdom : lessons in the manipulation of criminalization and due process / Clive Walker; title: Trying terrorists : the Israeli perspective / Emmanuel Gross; title: Exceptional or not? An examination of India's special courts in the national security context / Jayanth K. Krishnan and Viplav Sharma; title: The right to a fair trial in an extraordinary court / David S. Weissbrodt and Joesph C. Hansen; title: Approaches and responses of the UN human rights mechanisms to exceptional courts and military commissions / Alex Conte; title: Exceptional courts and the European Convention on Human Rights / Steven Greer; title: The legitimacy deficit of exceptional international criminal jurisdiction / Yuval Shany.