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With the acceptance of international criminal procedure as a self-sustaining discipline and as the tribunals established to try the most serious crimes in the former Yugoslavia, Sierra Leone, and Rwanda have completed or are beginning to wind up their activities, the time is ripe for a critical evaluation of these international criminal tribunals and their legacy. By examining the due process standards embraced by the five contemporary international criminal tribunals, the author draws conclusions about how the right to a fair trial should be interpreted in international criminal law. This volume addresses key conceptual questions on fairness, including: should international criminal tribunals set the highest standards of fairness, or is it sufficient for their practice to be 'just fair enough'? To whom does the right to a fair trial attach, and can actors such as the prosecution and victims be accurately said to benefit from that right? Does fairness require the full realization of a number of guarantees owed to the accused under the statutory frameworks of international criminal tribunals, or should we instead be concerned with the fairness of the trial 'as a whole'? What is the interplay between domestic and international courts on questions of procedural fairness? What are the elements of fairness in international criminal proceedings? And what remedies are available for breaches of fair trial rights? Through an in-depth exploration of the right to a fair trial, the author concludes that international criminal tribunals have a role in setting the highest standards of due process protection in their procedures, and that in so doing, they can have a positive impact on domestic justice systems.
This collection of essays is the first book to take up the urgent issue of torture from the array of approaches offered by the arts and humanities. In the post-9/11 era, where we are once again compelled to entertain debates about the legality of torture, this volume speaks about the practice in an effort to challenge the surprisingly widespread acceptance of state-sanctioned torture among Americans, including academics and the media–entertainment complex. Speaking about Torture also claims that the concepts and techniques practiced in the humanities have a special contribution to make to this debate, going beyond what is usually deemed a matter of policy for experts in government and the social sciences. It contends that the way one speaks about torture—including that one speaks about it—is key to comprehending, legislating, and eradicating torture. That is, we cannot discuss torture without taking into account the assaults on truth, memory, subjectivity, and language that the humanities theorize and that the experience of torture perpetuates. Such accounts are crucial to framing the silencing and demonizing that accompany the practice and representation of torture. Written by scholars in literary analysis, philosophy, history, film and media studies, musicology, and art history working in the United States, Europe, and the Middle East, the essays in this volume speak from a conviction that torture does not work to elicit truth, secure justice, or maintain security. They engage in various ways with the limits that torture imposes on language, on subjects and community, and on governmental officials, while also confronting the complicity of artists and humanists in torture through their silence, forms of silencing, and classic means of representation. Acknowledging this history is central to the volume’s advocacy of speaking about torture through the forms of witness offered and summoned by the humanities.
In 1950, when he commissioned the first edition of The Armed Forces Officer, Secretary of Defense George C. Marshall told its author, S.L.A. Marshall, that "American military officers, of whatever service, should share common ground ethically and morally." In this new edition, the authors methodically explore that common ground, reflecting on the basics of the Profession of Arms, and the officer's special place and distinctive obligations within that profession and especially to the Constitution.
The Noncommissioned Officer and Petty Officer BACKBONE of the Armed Forces. Introduction The Backbone of the Armed Forces To be a member of the United States Armed Forces--to wear the uniform of the Nation and the stripes, chevrons, or anchors of the military Services--is to continue a legacy of service, honor, and patriotism that transcends generations. Answering the call to serve is to join the long line of selfless patriots who make up the Profession of Arms. This profession does not belong solely to the United States. It stretches across borders and time to encompass a culture of service, expertise, and, in most cases, patriotism. Today, the Nation's young men and women voluntarily take an oath to support and defend the Constitution of the United States and fall into formation with other proud and determined individuals who have answered the call to defend freedom. This splendid legacy, forged in crisis and enriched during times of peace, is deeply rooted in a time-tested warrior ethos. It is inspired by the notion of contributing to something larger, deeper, and more profound than one's own self. Notice: This is a printed Paperback version of the "The Noncommissioned Officer and Petty Officer BACKBONE of the Armed Forces". Full version, All Chapters included. This publication is available (Electronic version) in the official website of the National Defense University (NDU). This document is properly formatted and printed as a perfect sized copy 6x9".