Suchergebnisse

May torture ever be morally or legally justified or excused? This article argues that an absolute legal ban on torture ought to be maintained. However, in truly catastrophic cases the appropriate method of tackling extremely grave national dangers and threats may call for going outside the legal order. The way to deal with the "extreme" or "catastrophic" case is neither by ignoring it nor by using it as the center-piece for establishing general, ex ante, policies. Rather, the focus is on the possibility that truly exceptional cases may give rise to official disobedience: Public officials may act extralegally and be ready to accept the legal ramifications of their actions.

The development of an exceptional court : the history of the American military commission / David Glazier -- Military commissions in historical perspective : lessons from the United States - Dakota war trials / Carol L. Chomsky -- Contemporary law of war and military commissions / Gary D. Solis -- Military commissions and the paradigm of prevention / David Cole -- Prevention, detention, and extraordinariness / Fiona de Londras -- In defense of federal criminal courts for terrorism cases in the United States / Gabor Rona and Raha Wala -- Exceptional courts and the structure of American military justice / Stephen I. Vladeck -- Exceptional courts in counterterrorism : lessons from the Foreign Intelligence Surveillance Act (FISA) / William C. Banks -- The law working itself pure? The Canadian experience with exceptional courts and Guantánamo / Kent Roach -- Vicious and virtuous cycles in prosecuting terrorism : the Diplock court experience / John Jackson -- Terrorism prosecution in the United Kingdom : lessons in the manipulation of criminalization and due process / Clive Walker -- Trying terrorists : the Israeli perspective / Emmanuel Gross -- Exceptional or not? An examination of India's special courts in the national security context / Jayanth K. Krishnan and Viplav Sharma -- The right to a fair trial in an extraordinary court / David S. Weissbrodt and Joesph C. Hansen -- Approaches and responses of the UN human rights mechanisms to exceptional courts and military commissions / Alex Conte -- Exceptional courts and the European Convention on Human Rights / Steven Greer -- The legitimacy deficit of exceptional international criminal jurisdiction / Yuval Shany