Overview

This book is unique as it comprehensively analyzes the international guarantees of due process in criminal law ranging from arrest and detention to other pre-trial procedures to the trial itself and appeals, both in times of normalcy and in times of emergency, against the background of the “Global War on Terror.” Relevant jurisprudence of universal and regional human rights systems is complemented by pertinent customary international law, including humanitarian law, and pertinent guarantees in the hybrid systems of international criminal tribunals. These international due process norms are then compared with pertinent United States criminal procedure, both in times of peace and times of emergency, including the most recent treatment and adjudication of terrorist suspects in Guantánamo and beyond. The book ends with an appraisal of these past measures of counter-terrorism and recommendations regarding the proper balance to be struck between the due process interests of the accused and the security interests of the community.

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9789004172388

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Reviews

Thanks to Pati's rigorous research and balanced and wise appraisal, her book will be indispensable for scholars and decision makers. Professor Michael Reisman, Yale Law School & former President, Inter-American Commission of Human Rights This book should be read by everyone who is interested to know more about the narrow borderline separating legally acceptable from unacceptable measures in the fight against international terrorism. Professor Eckart Klein, University of Potsdam Faculty of Law & former Member, United Nations Human Rights Committee

Author Information

Professor Roza Pati, Dr. iur. summa cum laude (2008), University of Potsdam, Germany, and LL.M. summa cum laude (2002), St. Thomas University, is Executive Director of the Graduate Program in Intercultural Human Rights and Assistant Professor of Law at St. Thomas University School of Law in Miami, Florida.

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