Introduction: Rule of Law in an Era of Change – Challenges and Prospects

Abstract

This forward-thinking volume examines the rule of law from a global perspective, in the context of a growing array of transnational challenges and threats As the United Nations (UN) notes, the rule of law constitutes the basis "on which fair and just societies are built." The contributions to this volume provide insights to several emerging debates about what the rule of law means in the modern era of warfare and of massive and systematic human rights violations that call for robust and transparent accountability mechanisms and processes. The authors of this work examine several controversial topics, including: -The growing use of drones, and the morality of long distance use -The UN Security Council's evolving counterterrorism policies and practices -Victims' Rights and the effort to provide meaning and justice to victims and survivors of terrorism - The relationship between the International Criminal Court (ICC) and Truth and Reconciliation Commissions (TRCs) -The effectiveness of the international criminal justice process overall, with an eye to procedural fairness and justice. This timely work will be of interest to researchers in criminal justice, particularly with a focus on counter-terrorism and international justice, as well as international law, human rights, and international studies. Intro; Preface; Acknowledgment; Contents; About the Editors; Contributors; Chapter 1: Introduction: Rule of Law in an Era of Change -- Challenges and Prospects; A Contentious Revival; The Relevance of the RoL: Challenges and Prospects; References; Chapter 2: Drones, Distance, and Death; Introduction; The Kinds of Distance that Might Be of Ethical Concern; Distance and Obligation; Obligations to the Distant Needy; Drones and Depersonalization; The Significance of Face; The Psychological Effects of Spatial Distance; Asymmetric Unfairness; The Charge of Cowardice or Lack of Courage. Fragmenting ResponsibilityIn Summary; References; Chapter 3: War as Play, War as Slaughter, and the Laws of War; Just War Theory and the Play Motive; The War on Terrorism; War as a Video Game; War Reorganized as an Extension of Virtual Reality; A Possible Objection, a Reply, and the Future of War; Concluding Thoughts: Implications for Just War Theory and International Law; References; Chapter 4: The Quest for Accountability: The Resolution 1373 Process at the United Nations Security Council; The UN Charter: Purposes and Principles; The UNSC in Action. UNSC "Legislative" Measures and the Question of LegitimacyAddressing Member States' Counterterrorist Policies and Practices; Concluding Remarks; Appendix; A Brief Note on Hegemonic International Law (HIL); References; Chapter 5: Victims of Terrorism Associations After September 11th and March 11th: Claims, Demands, and Responses; Introduction and Background; Method, Data, and Analytical Strategy; Results; Missions and Images; Activities; Association "Careers"; Conclusion: Professionalization and Transferable Skills; Appendix 5.1: Mission of Associations at Founding and at Present; References. Chapter 6: The Relationship Between the International Criminal Court (ICC) and Truth CommissionsAn Interpretation of the Rome Statute; Admissibility, Complementarity, and Prosecutorial Discretion Within the Rome Statute; Aims and Objects: Peace and Justice; The Principle of Complementarity: The Cornerstone of the ICC; The Preamble; Admissibility: Article 17; Grounds for Inadmissibility Within Article 17; State Action; "Investigation"; Article 17(2): "Unwillingness"; State Inaction and "Inability"; Articles 18 and 19: Challenges to Admissibility and Jurisdiction. Article 16: Deferral Upon Request from Security Council"Interests of Justice" and Article 53; Transitions and Truth Commissions; The Transitional Society; Definition of a Truth Commission; Traits of Distinction; An Alternative Definition; Truth Commissions: A Tenuous Relationship with International Criminal Law?; Article 16; Article 17; Article 53; Conclusion; References; Chapter 7: Legal Assumptions and Unintended Meanings Before International and Hybrid Criminal Courts: Effects on Trial Proceedings and Defense Rights; Multilayered Interpretation and Translation in International Criminal Law.