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Prosecuting Juvenile Piracy Suspects

2017-08-14 Law
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Release : 2017-08-14
Genre : Law
Kind : eBook
Book Rating : 073/5 ( reviews)

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Book Synopsis Prosecuting Juvenile Piracy Suspects by : Milena Sterio

Download or read book Prosecuting Juvenile Piracy Suspects written by Milena Sterio. This book was released on 2017-08-14. Available in PDF, EPUB and Kindle. Book excerpt: Duncan Gaswaga, a former judge of the Seychelles Supreme Court who has presided over numerous piracy trials, asked the following question: "What is a judge to do when a bearded piracy suspect facing justice asserts that he is fourteen?" This book addresses this important question by focusing on the treatment of juvenile piracy suspects under international law within national prosecutorial regimes. Beginning with the modern-day Somali piracy model, and exploring the reasons for piracy organizers and financiers to have employed Somali youth as pirates, author Milena Sterio analyzes the relevant international legal framework applicable to the treatment of juvenile criminal suspects, such as international human rights law, international criminal law, including the statutes of several international and ad hoc tribunals, as well as legal issues related to the use of child soldiers, as a parallel to the use of child pirates. This volume examines recent national piracy prosecutions involving juvenile suspects in Germany, Spain, India, Italy, Malaysia, the Seychelles, and the United States, developing a set of recommendations and best practices for all piracy prosecuting nations dealing with juvenile suspects to refer to in developing their national policy toward the treatment of juvenile piracy suspects.

Prosecuting Maritime Piracy

2015-06-09 Law
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Release : 2015-06-09
Genre : Law
Kind : eBook
Book Rating : 22X/5 ( reviews)

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Book Synopsis Prosecuting Maritime Piracy by : Michael P. Scharf

Download or read book Prosecuting Maritime Piracy written by Michael P. Scharf. This book was released on 2015-06-09. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Counter-Piracy Law in Practice

2023-03-03 Law
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Release : 2023-03-03
Genre : Law
Kind : eBook
Book Rating : 599/5 ( reviews)

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Book Synopsis Counter-Piracy Law in Practice by : Jessica Larsen

Download or read book Counter-Piracy Law in Practice written by Jessica Larsen. This book was released on 2023-03-03. Available in PDF, EPUB and Kindle. Book excerpt: This book is a socio-legal study of counter-piracy. It takes as its case the law enforcement efforts after 2008 to suppress piracy off the coast of Somalia. Through ethnographic fieldwork, the book invites the reader onto a Danish warship patrolling the western Indian Ocean for piracy incidents and into the courtroom in Seychelles, where more than 150 suspects were prosecuted. The aim is to understand how counter-piracy worked in practice. The book uses assemblage theory to approach law as a social process and places emphasis on studying empirical enforcement practices over analysing legal provisions. This supplements existing scholarship on the legal aspects of counter-piracy. Scholarship has mainly examined applicable law governing counter-piracy. This book steps into the field to examine applied law. Its methodology renders visible areas of legal ambiguity and identifies practices that suggest impunity and question legal certainty. It thus contributes with new policy-relevant knowledge for international security governance. The relevance is one of urgency. Counter-piracy off Somalia has served as a governance paradigm, which is replicated in other maritime domains. Consideration of the implications for policy is therefore needed. The book will be of interest to policy-makers, security practitioners and scholars who share a methodological commitment to practice.

Security and International Law

2016-06-16 Law
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Release : 2016-06-16
Genre : Law
Kind : eBook
Book Rating : 893/5 ( reviews)

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Book Synopsis Security and International Law by : Mary E Footer

Download or read book Security and International Law written by Mary E Footer. This book was released on 2016-06-16. Available in PDF, EPUB and Kindle. Book excerpt: Of the many challenges that society faces today, possibly none is more acute than the security of ordinary citizens when faced with a variety of natural or man-made disasters arising from climate and geological catastrophes, including the depletion of natural resources, environmental degradation, food shortages, terrorism, breaches of personal security and human security, or even the global economic crisis. States continue to be faced with a range of security issues arising from contested territorial spaces, military and maritime security and security threats relating to energy, infrastructure and the delivery of essential services. The theme of the book encompasses issues of human, political, military, socio-economic, environmental and energy security and raises two main questions. To what extent can international law address the types of natural and man-made security risks and challenges that threaten our livelihood, or very existence, in the twenty-first century? Where does international law fall short in meeting the problems that arise in different situations of insecurity and how should such shortcomings be addressed?

Fighting and Victimhood in International Criminal Law

2017-10-12 Law
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Release : 2017-10-12
Genre : Law
Kind : eBook
Book Rating : 549/5 ( reviews)

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Book Synopsis Fighting and Victimhood in International Criminal Law by : Joanna Nicholson

Download or read book Fighting and Victimhood in International Criminal Law written by Joanna Nicholson. This book was released on 2017-10-12. Available in PDF, EPUB and Kindle. Book excerpt: The act of fighting or being a fighter has certain consequences in international law. The most obvious example can be found in international humanitarian law, where a distinction is drawn between fighters and civilians, with fighters being military objectives and civilians being protected from attack. Another example is from international human rights law, where it has been held that the particular characteristics of military life have to be taken into account when interpreting the human rights of members of state armed forces. This volume focuses on the field of international criminal law and asks the question: what relevance does fighting have to victimhood in international criminal law? Among the topics which are explored are: how have international criminal courts and tribunals untangled lawful casualties of war from victims of war crimes? How have they determined who is a member of an organised armed group and who is not? What crimes can those who fight be victims of during hostilities? When does it become relevant in international criminal law that an alleged victim of a crime was a person hors de combat rather than a civilian? Can war crimes be committed against members of non-opposing forces? Can persons hors de combat be victims of crimes against humanity and genocide? What special considerations surround peacekeepers and child soldiers as victims of international crimes? The author carries out an in-depth exploration of case law from international criminal courts and tribunals to assess how they have dealt with these questions. She concludes that the import of fighting upon victimhood in the context of international criminal law has not always been appreciated to the extent it should have been.

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