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Human rights and law enforcement at sea : arrest, detention and transfer of piracy suspects /
Law enforcement at sea has become an increasingly important tool for combating transnational crime. Such law enforcement operations are commonly directed by multinational missions composed of military rather than police forces, and are often carried out in maritime areas not subject to national juri...
| Clasificación: | Libro Electrónico |
|---|---|
| Autor principal: | |
| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
Leiden :
Brill Academic Publishers,
2014.
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| Colección: | Raoul Wallenberg Institute human rights library ;
v. 46. |
| Temas: | |
| Acceso en línea: | Texto completo |
Tabla de Contenidos:
- Human Rights and Law Enforcement at Sea: Arrest, Detention and Transfer of Piracy Suspects; Copyright; Table of Contents; Acknowledgements; List of Abbreviations; Introduction; I. Hypothesis: Piracy Suspects Are Holders of International Individual Rights; II. Scope of the Study: Disposition in Light of International Individual Rights; A. The Subject Matter Analysed; B. The Legal Yardstick Applied; III. Case Studies: Methodology Applied; Part 1 Disposition of Piracy Cases: The Context; I. The Phenomenon: Somali-Based Piracy.
- II. A Janus-faced Response: Internationalized Policing and Domestic ProsecutionA. The Resolved Response: Internationalized Policing; 1. A Comprehensive Policing Framework on the Normative Level; 2. A Truly International Response on the Operational Level; B. The Muddled Response: Domestic Criminal Prosecution; 1. Criminal Prosecution of Piracy Suspects Remains on the Domestic Level; 2. Little Impact of the UNSCR on Domestic Criminal Law; III. Building a Bridge: Interlocking Policing and Prosecution; A. Discontinuity between Policing and Prosecution.
- B. Political-Diplomatic Efforts to Further the Prosecution of Piracy CasesC. Enforcement of Sentences as a Growing Concern; IV. Paving the Way for Prosecutions: Disposition of Piracy Cases; A. Disposition Post-Seizure; 1. Extradition; 2. Deliveries under Article 8 SUA Convention; 3. Transfers; B. Anticipated Disposition by Using Shipriders; V. Conclusions on Disposition of Piracy Cases: The Context; Part 2 Disposition of Piracy Cases: The Practice; I. Disposition in an Interstate Setting: Denmark; A. Counter-Piracy Missions; B. Legal Framework.
- 1. Rules Criminalizing Piracy and Armed Robbery at Sea2. Arrest, Detention and Investigation in the Counter-Piracy Context; 3. Exercise of Danish Criminal Jurisdiction over Piracy Suspects; 4. Transfer of Piracy Suspects; C. Disposition Procedure; 1. Assessment by the Inter-Ministerial Coordination Organ; 2. Decision Whether to Exercise Danish Criminal Jurisdiction; 3. Decision Whether to Transfer to a Third State for Prosecution; a) How a Transfer Decision Comes About; b) Features of the Transfer Procedure; 4. Post-Transfer Phase; a) Tracing and Monitoring.
- B) Re-Transfer by the Receiving StateD. Arrest and Detention during Disposition; 1. Detention Pending Jurisdictional Decision; a) Arrest by Danish Military on Suspicion of Criminal Activity; b) Normative Gaps; c) Missing Procedural Safeguards; 2. Detention after a Positive Jurisdictional Decision; a) Competent Bodies and Ordinarily Applicable Rules; b) Procedural Safeguards; 3. Detention Once a Transfer Option Comes into Play; a) Detention by Danish Military Forces Pending Transfer; b) Normative Gap; c) Missing Procedural Safeguards.