New Perspectives On The Structure Of Transnational Criminal Justice

The special issue contributes new perspectives on the structure of transnational criminal justice. Investigating the law, politics and practices that structure the dynamics of this form of justice, the contributions critically examine how it functions and has impact.

International Practices of Criminal Justice: Social and Legal Perspectives examines the practitioners, practices, and institutions that are transforming the relationship between criminal justice and international governance. The book links two dimensions of international criminal justice, by analyzing the fields of international criminal law and international police cooperation. Although often thought of separately, each of these fields presents criminal justice as a governance method for resolving international challenges and crises. By focusing on examples from international criminal tribunals, transitional justice, transnational crime, and transnational policing and prosecution, the contributors to this collection all examine how criminal justice is unmoored from the state, while also attending to the struggles and challenges that emerge when criminal justice is used as a form of international action. International Practices of Criminal Justice: Social and Legal Perspectives breaks new ground in criminology, international legal studies and the sociology of law, and will be of interest to students, scholars, and practitioners across a wide array of fields in criminal justice, international law, and international governance.

The thirteen essays in this collection are based on exciting new research that explores the evolution and adaptation of criminal justice and penal systems, largely from the early-nineteenth century to the present. Journeying into and unlocking different national and international penal archives, and drawing on diverse analytical approaches, the essays forge new connections between historical and contemporary issues in crime, prisons, policing, and penal cultures, and challenge traditional western democratic historiographies of crime and punishment and categorisations of offenders, police and ex-offenders.

The ‘International Military Tribunal for the Far East’ (IMTFE), held in Tokyo from May 1946 to November 1948, was a landmark event in the development of modern international criminal law. The trial in Tokyo was a complex undertaking and international effort to hold individuals accountable for core international crimes and delivering justice. The Tribunal consisted of 11 judges and respective national prosecution teams from 11 countries, and a mixed Japanese–American team of defence lawyers. The IMTFE indicted 28 Japanese defendants, amongst them former prime ministers, cabinet ministers, military leaders, and diplomats, based on a 55-count indictment pertaining to crimes against peace, war crimes, and crimes against humanity. The judgment was not unanimous, with one majority judgment, two concurring opinions, and three dissenting opinions. The trial and the outcome were the subject of significant controversy and the Tribunal’s files were subsequently shelved in the archives. While its counterpart in Europe, the ‘International Military Tribunal’ (IMT) at Nuremberg, has been at the centre of public and scholarly interest, the Tokyo Tribunal has more recently gained international scholarly attention. This volume combines perspectives from law, history, and the social sciences to discuss the legal, historical, political and cultural significance of the Tokyo Tribunal. The collection is based on an international conference marking the 70th anniversary of the judgment of the IMTFE, which was held in Nuremberg in 2018. The volume features reflections by eminent scholars and experts on the establishment and functioning of the Tribunal, procedural and substantive issues as well as receptions and repercussions of the trial.

This book explores the best mechanisms for helping bring about compliance with international treaties. In recent years, many international treaties have included non-compliance mechanisms (NCMs) to facilitate implementation and promote parties' compliance with their obligations. These NCMs exist alongside the formal dispute resolution processes of international courts and tribunals. The authors bring together a wide legal and geographical spectrum of views from different parts of the world representing novel insights into NCMs' contribution to treaty implementation and compliance. The research has cast important light on how procedural innovations may help render NCMs more effective, as well as on the circumstances in which they may be needed, including particularly where nations share common interests, populations are interdependent, and implementation makes significant administrative, regulatory and political demands. This title is also available as Open Access on Cambridge Core.

In The Palermo Convention at Twenty: Institutional and Substantive Challenges experts with different backgrounds discuss the institutional features of the United Nations Convention against Transnational Organized Crime and its Supplementing Protocols, the developments of the treaty system and its suitability to address the multifarious forms of contemporary transnational organized crime.

The book examines 'the globalization of local policing' through an ethnographic study of the Danish Police. Where many studies are looking into how larger inter- or transnational policing bodies and policies are changing the world of policing, few have gauged how local, public police forces are also globalizing. This book provides some unique insights into this under-researched process. Specifically, it describes the daily practices and perceptions of two Danish detective task forces, tasked with the investigation of organized property crimes committed by foreign nationals. In the book, readers get to see how the detectives think and work, including the many efforts they make in attuning their daily work to a more global reality. More so, readers get to see how the detectives fail and the many frustrations and concerns that such changes include. One the one hand, Danish detectives very much understand the need to de-localize and develop their work. On the other hand, they feel that many of these changes are in conflict with what they find to be real and rewarding police work. For people interested in contemporary issues of policing, the book thus points to a puzzling paradox. Globalization might be making for more mobile and even mobilised local forces, more technologically driven and collaborating with international partners. However, these very processes are also making local officers feel more disarmed than ever. Ultimately, the book describes why that is, its consequences, as well as how to imagine a form of global policing more in tune with its local actors.

A new approach for studying the interaction between international and domestic processes of criminal law-making in today's globalized world.