Global Issues in Criminal Law

by Carter, Linda E.; Blakesley, Christopher L.; Henning, Peter J.

• ISBN13: 9780314159977
• ISBN10: 0314159975
• Edition: 1st
• Format: Paperback
• Copyright: 2007-02-05
• Publisher: West Academic Publishing

Summary

This book is part of the Global Issues Series. Each book in this series contains materials designed to facilitate the introduction of international, transnational and comparative law issues into basic law school courses.The goal of this series is to ensure that all law school graduates have sufficient familiarity with the growing impact of non-domestic sources of law, and the growing potential for transnational legal transactions and disputes, to function in an era of increasing globalization. In addition, introduction of international, transnational and comparative law materials can enhance the students' understanding of domestic law.

Table of Contents

Preface	p. v
Acknowledgements	p. vii
Table of Statutes and Treaties	p. xvii
Table of Cases	p. xv
Introduction	p. 1
Introduction to the Concept and Study of Global Issues	p. 1
Federal and State Jurisdiction	p. 4
International and Extraterritorial Jurisdiction	p. 7
Players in International Criminal Law: States, Individuals, Tribunals, and Other Entities as "Subjects" of International Law	p. 10
States as the Focal Point of International Law	p. 10
International Humanitarian Law and Individual Culpability	p. 11
The Development of International Criminal Tribunals	p. 13
The Sources of International Criminal Law	p. 17
Transnational Crimes	p. 22
Introduction	p. 22
Transnational Problem	p. 24
Constitutional Power to Reach Foreign Conduct	p. 25
Jurisdiction	p. 28
United States v. Larsen	p. 29
United States v. Martinelli	p. 32
Notes and Questions	p. 44
Investigating and Prosecuting Violations of Foreign Law	p. 48
Investigative Requests From Foreign Governments	p. 48
Domestic Conduct Affecting Other Nations	p. 50
Pasquantino v. United States	p. 50
The Application of Foreign Convictions in the United States	p. 60
Should the United States Help Enforce Foreign Laws?	p. 62
Extradition	p. 63
Principles of Extradition	p. 63
Political Offense Exception	p. 64
Extradition to the United States	p. 66
Extradition-Continued
Principle of Specialty	p. 67
Dual Criminality Principle	p. 69
Extraditing Citizens to Another Country	p. 70
Terrorism	p. 72
Introduction and Conceptual Background	p. 72
Terrorism Problem	p. 75
Defining and Prosecuting Terrorism in the United States	p. 77
Federal Statutes	p. 77
Judicial Interpretation of the Terrorism Statutes	p. 81
United States v. Yousef	p. 82
Notes and Questions	p. 88
International and Foreign Definitions of Terrorism	p. 90
The Role of the League of Nations and the United Nations	p. 90
Foreign Domestic Legislation	p. 93
Public Authority Defense	p. 94
International and Extraterritorial Jurisdiction Over Terrorism	p. 96
United States v. Yousef	p. 97
Notes and Questions	p. 100
Genocide	p. 110
Introduction to Genocide and International Criminal Tribunals	p. 110
Introduction to the Khmer Rouge Tribunal and Genocide Problem	p. 112
Sources of Law	p. 116
ECDK Law Provisions	p. 117
ECDK Law Article 4: Genocide	p. 117
ECDK Law Article 29: Responsibility	p. 118
Case Materials on Genocide	p. 118
The Elements of Genocide and Conspiracy to Commit Genocide	p. 118
Prosecutor v. Krstic	p. 118
Prosecutor v. Nahimana	p. 134
Theories of Responsibility	p. 143
Joint Criminal Enterprise and Aiding and Abetting	p. 143
Prosecutor v. Krstic	p. 145
Command Responsibility	p. 159
Duress	p. 161
Prosecutor v. Erdemovic	p. 162
Federal Genocide Statute	p. 179
Notes and Questions	p. 180
Index	p. 189
Table of Contents provided by Ingram. All Rights Reserved.