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Guantánamo and Beyond
Exceptional Courts and Military Commissions in Comparative Perspective

$40.99 (P)

David Glazier, Carol Chomsky, Gary Solis, David Cole, Fiona de Londras, Gabor Rona, Raha Wala, Stephen I. Vladeck, William C. Banks, Kent Roach, John Jackson, Clive Walker, Emmanuel Gross, Jayanth Krishnan, Viplav Sharma, David Weissbrodt, Joseph Hansen, Alex Conte, Steven Greer, Yuval Shany
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  • Date Published: September 2013
  • availability: In stock
  • format: Paperback
  • isbn: 9781107401686

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About the Authors
  • 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 produces both within democratic states and for the international community.

    • Addresses a highly topical and politically controversial issue
    • Has a strong representation of authors from multiple countries and legal systems
    • Has a valuable contribution to make to policy debates in democratic states concerned with managing terrorism challenges
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    Reviews & endorsements

    “Comprehensive, thorough and thought-provoking,Guantanamo and Beyond’s stellar collection of essays, should be required reading for scholars, experts, and policy makers seeking to understand today’s military commissions in their legal, historical and comparative international contexts. A truly welcome addition to the literature on the law after 9/11.” - Karen Greenberg, Director , Center on National Security, Fordham University

    “I cannot think of a better introduction to the complexities attached to the use of "military commissions," as part of the response to unconventional warfare or terrorism, in lieu of ordinary courts or courts martial. A host of experts have contributed chapters that are both accessible to all readers and genuinely illuminating (even, I suspect, for fellow experts), detailing both the history of military commissions and issues surrounding their present use both in the United States and abroad.” - Sanford Levinson, W. St. John Garwood and W. St. John Garwood, Jr. Centennial Chair; Professor of Government University of Texas Law School

    “The Guantánamo military commissions to try terror suspects are among the most controversial practices in the U.S. “war on terror.” Are special courts fair, or are they kangaroo courts? Are they necessary in terror cases, or do exist only because the government wants to cut corners on due process? Supporters point to the exceptional need for secrecy and security, and they dismiss civilian courts as cumbersome and inadequate for these unique cases. Critics point to rules tilted in favor of conviction, evidence tainted by torture, and courtrooms where the very microphones can be turned off in mid-hearing by CIA operatives out of the judge’s control. This welcome book assembles essays by renowned experts who explore all the facets of military commissions—at Guantánamo and elsewhere. They look hard at Guantánamo, but also at past special courts both in and out of the United States, from the military tribunals for American Indians in the nineteenth century, to special courts in Ireland, Canada, and Israel, to today’s international criminal tribunals. Readers trying to understand what the Guantánamo commissions are about, but who are put off by advocacy rhetoric and incomprehensible legalisms, now have a comprehensive source that sheds welcome light on the remarkable turn of democratic governments to special courts in times of crisis. I warmly recommend this book.” - David Luban, University Professor in Law and Philosophy, Georgetown University

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    Product details

    • Date Published: September 2013
    • format: Paperback
    • isbn: 9781107401686
    • length: 404 pages
    • dimensions: 228 x 152 x 21 mm
    • weight: 0.52kg
    • availability: In stock
  • Table of Contents

    Part I. Military Commissions and Exceptional Courts in the United States:
    1. The development of an exceptional court: the history of the American military commission David Glazier
    2. Military commissions in historical perspective: lessons from the US - Dakota war trials Carol Chomsky
    3. Contemporary law of war and military commissions Gary Solis
    4. Military commissions and the paradigm of prevention David Cole
    5. Prevention, detention, and extraordinariness Fiona de Londras
    6. In defense of federal criminal courts for terrorism cases in the United States Gabor Rona and Raha Wala
    7. Exceptional courts and the structure of American military justice Stephen I. Vladeck
    8. Exceptional courts in counterterrorism: lessons from the foreign intelligence surveillance act (FISA) William C. Banks
    Part II. Exceptional Courts and Military Commissions Elsewhere:
    9. The law working itself pure? The Canadian experience with exceptional courts and Guantánamo Kent Roach
    10. Vicious and virtuous cycles in prosecuting terrorism: the Diplock Court experience John Jackson
    11. Terrorism prosecution in the United Kingdom: lessons in the manipulation of criminalization and due process Clive Walker
    12. Trying terrorists: the Israeli perspective Emmanuel Gross
    13. Exceptional or not? An examination of India's special courts in the national security context Jayanth Krishnan and Viplav Sharma
    Part III. International Law, Exceptional Courts and Military Commissions:
    14. The right to a fair trial in an extraordinary court David Weissbrodt and Joseph Hansen
    15. Approaches and responses of the UN human rights mechanisms to exceptional courts and military commissions Alex Conte
    16. Exceptional Courts and the European Convention on Human Rights Steven Greer
    17. The legitimacy deficit of exceptional international criminal jurisdiction Yuval Shany.

  • Editors

    Fionnuala Ni Aoláin, University of Minnesota School of Law
    Fionnuala Ní Aoláin is concurrently the Dorsey and Whitney Chair in Law at the University of Minnesota Law School and Professor of Law at the University of Ulster's Transitional Justice Institute in Belfast, Northern Ireland. Professor Ní Aoláin is the recipient of numerous academic awards and honors, including a Fulbright scholarship, the Alon Prize, the Robert Schumann Scholarship, a European Commission award, and the Lawlor fellowship. She has published extensively in the fields of emergency powers, conflict regulation, transitional justice, and sex-based violence in times of war. Her book Law in Times of Crisis (Cambridge University Press, 2006, with Oren Gross) was awarded the American Society of International Law's pre-eminent prize in 2007 - the Certificate of Merit for Pre-eminent Contribution to Creative Scholarship. She is also the author of On the Frontlines: Gender, War, and the Post-Conflict Process (2011). She was appointed to the Executive Council of the American Society of International law in 2010 for a three-year term. She is Chair of the Board for the International Women's Program OSI.

    Oren Gross, University of Minnesota School of Law
    Oren Gross is the Irving Younger Professor of Law and Director of the Institute for International Legal and Security Studies at the University of Minnesota Law School. Professor Gross has received numerous academic awards and scholarships, including a Fulbright scholarship and British Academy and British Council awards. Between 1986 and 1991, Professor Gross served as a senior legal advisory officer in the international law branch of the Israeli Defense Forces' Judge Advocate General's Corps. Professor Gross's work has been published extensively, and his articles have appeared in leading academic journals such as the Yale Law Journal, the Yale Journal of International Law, the Michigan Journal of International Law, the Minnesota Law Review, and the Cardozo Law Review. His book Law in Times of Crisis (Cambridge University Press, 2006, with Fionnuala Ní Aoláin) was awarded the American Society of International Law's pre-eminent prize in 2007 - the Certificate of Merit for Pre-eminent Contribution to Creative Scholarship. In 2008 he was elected as a member of the American Law Institute.

    Contributors

    David Glazier, Carol Chomsky, Gary Solis, David Cole, Fiona de Londras, Gabor Rona, Raha Wala, Stephen I. Vladeck, William C. Banks, Kent Roach, John Jackson, Clive Walker, Emmanuel Gross, Jayanth Krishnan, Viplav Sharma, David Weissbrodt, Joseph Hansen, Alex Conte, Steven Greer, Yuval Shany

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