Author: United States. Congress. Senate. Committee on Foreign Relations
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 96

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Author: United States. Department of Justice
Publisher:
ISBN:
Category : Justice, Administration of
Languages : en
Pages : 720

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Author: Great Britain: Parliament: Joint Committee on Human Rights
Publisher: The Stationery Office
ISBN: 9780108473500
Category : Business & Economics
Languages : en
Pages : 78

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Book Description
The Joint Committee on Human Rights concludes that the current statutory framework does not provide effective protection for human rights. The rights most often relevant to extradition are: prohibition of torture; fair trial; liberty and security; private and family life; and prohibition of discrimination. The Committee calls on the Government to spell out detailed safeguards in the statutory framework. Parliament should be asked to commence the "most appropriate forum" safeguard in the Police and Criminal Justice Act 2006 and that a requirement for the requesting country to show a prima facie case or similarly robust evidential threshold should be introduced in extradition cases. The most appropriate forum safeguard would require the judge to consider whether it is in the interests of justice for the individual to be tried in the requesting country - and to refuse the extradition request if it is not. The committee also calls for negotiated changes to the European Arrest Warrant, a review of the provision of legal representation. The committee also concludes that the power of the Secretary of State to refuse extradition to non-EU countries should not be extended. The powers of the judge in an extradition case should instead ensure adequate protection of rights.

Author: David A. Sadoff
Publisher: Cambridge University Press
ISBN: 1107129281
Category : Law
Languages : en
Pages : 725

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Book Description
A novel and robust examination of all policy means and their lawfulness for recovering fugitives abroad via extradition or its alternatives.

Author: Nils Melzer
Publisher: Verso Books
ISBN: 1839766255
Category : Political Science
Languages : en
Pages : 369

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Book Description
The shocking story of the legal persecution of Wikileaks founder Julian Assange and the dangerous implications for the whistleblowers of the future. In July 2010, Wikileaks published Cablegate, one of the biggest leaks in the history of the US military, including evidence for war crimes and torture. In the aftermath Julian Assange, the founder and spokesman of Wikileaks, found himself at the center of a media storm, accused of hacking and later sexual assault. He spent the next seven years in asylum in the Ecuadorian embassy in London, fearful that he would be extradited to Sweden to face the accusations of assault and then sent to US. In 2019, Assange was handed over to the British police and, on the same day, the U.S. demanded his extradition. They threatened him with up to 175 years in prison for alleged espionage and computer fraud. At this point, Nils Melzer, UN Special Rapporteur on Torture, started his investigation into how the US and UK governments were working together to ensure a conviction. His findings are explosive, revealing that Assange has faced grave and systematic due process violations, judicial bias, collusion and manipulated evidence. He has been the victim of constant surveillance, defamation and threats. Melzer also gathered together consolidated medical evidence that proves that Assange has suffered prolonged psychological torture. Melzer’s compelling investigation puts the UK and US state into the dock, showing how, through secrecy, impunity and, crucially, public indifference, unchecked power reveals a deeply undemocratic system. Furthermore, the Assange case sets a dangerous precedent: once telling the truth becomes a crime, censorship and tyranny will inevitably follow. The Trial of Julian Assange is told in three parts: the first explores Nils Melzer’s own story about how he became involved in the case and why Assange’s case falls under his mandate as the Special Rapporteur on Torture. The second section returns to 2010 when Wikileaks released the largest leak in the history of the U.S. military, exposing war crimes and corruption, and Nils makes the case that Swedish authorities manipulated charges against Assange to force his extradition to the US and publicly discredit him. In the third section, the author returns to 2019 and picks up the case as Ecuador kicks Assange out of the embassy and lays out the case as it currently stands, as well as the stakes involved for other potential whistleblowers trying to serve the public interest.

Author: David A. Shirk
Publisher: Council on Foreign Relations
ISBN: 0876094426
Category : Political Science
Languages : en
Pages : 57

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The drug war in Mexico has caused some U.S. analysts to view Mexico as a failed or failing state. While these fears are exaggerated, the problems of widespread crime and violence, government corruption, and inadequate access to justice pose grave challenges for the Mexican state. The Obama administration has therefore affirmed its commitment to assist Mexico through continued bilateral collaboration, funding for judicial and security sector reform, and building "resilient communities."David A. Shirk analyzes the drug war in Mexico, explores Mexico's capacities and limitations, examines the factors that have undermined effective state performance, assesses the prospects for U.S. support to strengthen critical state institutions, and offers recommendations for reducing the potential of state failure. He argues that the United States should help Mexico address its pressing crime and corruption problems by going beyond traditional programs to strengthen the country's judicial and security sector capacity and help it build stronger political institutions, a more robust economy, and a thriving civil society.

Author: Karen McElrath
Publisher: Pluto Press (UK)
ISBN: 9780745313177
Category : History
Languages : en
Pages : 180

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Book Description
For almost two hundred years the United States has been a safe haven for Irish political prisoners seeking refuge. More recently however the US government has sought deportation, extradition and prosecution to exclude Irish republicans from the country. In the first book to focus on the relationship between these tools of exclusion and US foreign policy, Karen McElrath examines why this change has come about and the extent to which the granting of political asylum in the US is influenced by relations with Britain and other countries.Karen McElrath questions US government attempts to portray an impartial role in the Irish conflict, arguing that historical and contemporary evidence reveals otherwise. She shows that, far from being a neutral process, the success of bids for political asylum often depends on the relationship between the US and the government of the applicant's country of origin. Drawing on exclusive interviews with Irish Republicans who have faced deportation or extradition from the United States, or who have been prosecuted in the US for politically-motivated offences, McElrath explores the links between deportation and extradition outcomes and foreign policy issues. The tools of exclusion are defined in their historical context, and the history of US extradition law is described, with particular focus on the treaties with Britain. McElrath also examines the offences for which Irish and Irish-American Republicans have been charged, discusses the various levels of support for Irish political prisoners in the US, and summarises the findings by international human rights organisations.

Author: Sean D. Murphy
Publisher: Cambridge University Press
ISBN: 0521750717
Category : Law
Languages : en
Pages : 462

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Book Description
First published in 2006, this essential tool for researchers and practitioners captures the international law practice of a global player.

Author: United States. Congress. Senate. Committee on Foreign Relations
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 68

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Author: David Luban
Publisher: Aspen Publishing
ISBN: 1543847102
Category : Law
Languages : en
Pages : 1288

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Book Description
International and Transnational Criminal Law, Fourth Edition, by David J. Luban, Julie R. O’Sullivan, David P. Stewart, and Neha Jain covers both international criminal law and the application of U.S. criminal law transnationally. This comprehensive and versatile book has chapters on each of the core crimes (aggression, genocide, crimes against humanity, and war crimes) as well as terrorism and torture. It has separate chapters on the international tribunals from Nuremberg on and the ICC. Other chapters treat modes of liability, defenses, crimes against women, and alternatives to criminal prosecution in post-conflict societies. It also covers U.S. criminal law in transnational contexts, including money laundering, Foreign Corrupt Practices Act, trafficking, and terrorism. In addition, it includes chapters on extradition, evidence gathering abroad, comparative criminal procedure and comparative sentencing, and U.S. constitutional rights abroad. Introductory chapters on the nature of international criminal law, transnational jurisdiction, and the basics of public international law make the book accessible to students (as well as government lawyers and private practitioners) with no prior background in this increasingly important field. New to the Fourth Edition: Recent developments in the international tribunals, including the Special Court for the Central African Republic and Colombia’s Special Jurisdiction for Peace. Updates on post-Morrison jurisdictional developments, including new cases and exposition. Expanded treatment of aggression, including coverage of the Russia-Ukraine conflict. Comprehensive revision of the chapter on obtaining evidence abroad, with greater emphasis on difficulties facing defense counsel. Updates on ICC jurisprudence, including developments on command responsibility and criminal defenses. Updated genocide chapter, including a new section on cultural genocide and discussion of the Ukraine v. Russia ICJ litigation. Professors and students will benefit from: Versatility: The book can be used for courses on international criminal law and also for courses on U.S. criminal law applied across borders. Self-contained introductory chapters on basic public international law, transnational jurisdiction, and the nature of criminal law. A detailed treatment of “headline” issues including torture, terrorism, war crimes, and the Russia-Ukraine conflict. Readable background on historical context.