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Books > Law > International law > International criminal law
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The Philosophical Foundations of Extraterritorial Punishment (Hardcover)
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The Philosophical Foundations of Extraterritorial Punishment (Hardcover)
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Why should a Spanish court take jurisdiction over an American
lawyer accused of facilitating torture on Guantanamo Bay? What
empowers a London magistrate to sign an arrest warrant for a former
Chilean President? Can it be legitimate or morally defensible for
an Israeli court to try a former Nazi whose crimes occurred outside
Israel and indeed prior to the establishment of Israel?
This book provides the first full account, explanation, and
critique of extraterritorial punishment in international law.
Extraterritoriality is deeply entrenched in the practice of legal
punishment in domestic legal systems and, in certain circumstances,
an established principle of public international law. Often, States
claim the right to punish certain offences provided for under their
own domestic laws even when they are committed outside their
territorial boundaries. Furthermore, extraterritoriality is one of
the most remarkable features of international criminal law. Many
individuals have been prosecuted in different parts of the world
for crimes against humanity, war crimes, genocide, etc. before
tribunals which are often located outside the territorial
boundaries of the state in which the offences were perpetrated.
Finally, the issue of extraterritorial punishment is of pressing
importance because of the emergence of new forms of globalized
crime, such as transnational terrorism, drug-trafficking,
trafficking of human beings, and so on.
This book provides a convincing normative account of
extraterritorial punishment. In doing so, it will steer current
debates on international criminal justice and the philosophy of
punishment in new directions, and link these debates to
globalization, the emergence of transnational crime, terrorism,
war, and the problem of impunity and mass atrocity.
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