This text presents a comparative, international study of commissions of inquiry that have been convened in response to extraordinary failures and scandals. In recent years, commissions of inquiry have been common to the politics of the United States, Britain, Canada, and Australia. Recent years have seen a much wider range of states establish commissions of inquiry into intelligence and security issues, and they have also played important roles in transitions in Latin America and Eastern Europe. Commissions of inquiry are no longer even the exclusive preserve of states, as transnational institutions such as the United Nations and European Union have begun to convoke them. This groundbreaking book comprehensively examines commissions of inquiry around the world, which have become important and increasingly invoked tools to discover truth, curb abuses, and reconcile national security imperatives with the constraints of law and human rights. It offers timely insights for national security analysts, government officials, diplomats, lawyers, scholars, human rights monitors, students, and citizens.

The fight against impunity has become a growing concern of the international community. Updated in 2005, the UN Set of Principles for the Protection and Promotion of Human Rights Through Action to Combat Impunity is the fruit of several years of study, developed under the aegis of the UN Commission on Human Rights and then affirmed by the Human Rights Council. These Principles are today widely accepted as constituting an authoritative reference point for efforts in the fight against impunity for gross human rights abuses and serious violations of international humanitarian law. As a comprehensive attempt to codify universal accountability norms, the UN Set of Principles marks a significant step forward in the debate on the obligation of states to combat impunity in its various forms. Bringing together leading experts in the field, this volume provides comprehensive academic commentary of the 38 principles. The book is a perfect companion to the document, setting out the text of the Principles alongside detailed analysis, as well as a full introduction and a guide to the relevant literature and case law. The commentary advances debates and clarifies complex legal issues, making it an essential resource for legal academics, students, and practitioners working in fields such as human rights, international criminal law, and transitional justice.

This book explores the Boycott, Divestment, and Sanctions (BDS) phenomenon – its impact and implications for Israel and the Palestinian-Israeli conflict, as well as the inextricable linkage between its anti-Israeli/anti-Zionist propaganda and antisemitism, unraveled from yet unknown perspectives. The edited volume offers groundbreaking research: While Israeli public diplomacy focused on security, Palestinian diplomacy focused on a fabricated history. The book analyzes the old Russian anti-Zionist propaganda and its application by the BDS. The public space of BDS activity projects a humane façade, yet the covert part harbors antisemitic and violent supporters including terror groups and Iran. Western universities turned into incubators of pro-Palestinian groups that portray Israel as the source of evil. The academic boycott of Israel worked to isolate and stigmatize Jewish scholars in America because of a presumed Jewish occupation of the American academe. Western "liberals" wish to build bridges with the Muslim world, unable to overcome differences on democracy, secularism, women’s rights, etc., they focus on what they agree: animosity towards Israel. So has the UN; the ICC; Bedouin advocacy; and Human Rights Watch. The chapters in this book were originally published as a special issue of the journal Israel Affairs.

On both a national and global stage we are witnessing a reckoning on issues of racial justice. This historical moment that continues to unfold in the United States and elsewhere also creates an opening to spark and revitalize debate and policy changes on a range of crucial topics, including national security. By surfacing the depths to which White hegemonic power influences our institutions and cultural assumptions, we gain more accurate understanding of how race manifests in national security domestically, transnationally, and globally. In Race and National Security, leading experts challenge conventional interpretations of national security by illuminating the underpinning of White supremacy in our social consciousness. The volume centers the experience of those who have long been on the receiving end of racialized state violence. It finds that re-envisioning national security requires more than just reducing the size and scope of the security state. Contributors offer visions for reforming and transforming national security, including adopting an abolitionist framework. Race and National Security invites us to radically reimagine a world where the security state does not keep Black, Brown, and other marginalized peoples subordinated through threats of and actual incarceration, violence, torture, and death. Race and National Security is a groundbreaking volume which serves as a catalyst for remembering, exposing, and reconceiving the role of race in national security. The Just Security book series from OUP tackles contemporary problems in international law and security that are of interest to a global community of scholars, policymakers, practitioners, and students. With each volume taking a particular thematic focus and gathering leading experts, the series as a whole aims to rigorously and critically reflect on developments in these areas of law, policy, and practice. Each volume will be accompanied by a series of shorter digital pieces in Just Security's online forum at www.justsecurity.org, which tie the discussion to breaking news and headlines.

This book analyzes the position of the ICC in relation to national court systems. The research illustrates that what seemed to be a straight forward relationship between the ICC and national courts under the complementarity mechanism, proves to be much more complex in practice. Using the referrals of Uganda and Darfur, the book demonstrates ways in which it might be possible to prosecute for crimes currently not prosecuted by the ICC and brings to light possible solutions to overcome the gaps in law and practice in the jurisdictional relation between the ICC and national systems. It will be of value to academics, students and policy-makers working in the area of international law, international organizations, and human rights.

ÔThis is an important collection of scholarly essays that will illuminate positive legal developments and normative constitutionalist concerns in the expanding arena of secret government decisions. This book is indispensable reading for those concerned with constitutionalism, the rule of law and democracy as they bear on the tensions between secrecy and disclosure in government responses to terrorism.Õ Ð Vicki C. Jackson, Harvard University Law School, US ÔThis book contains the broadest and deepest analysis of the legal and policy issues that relate to secrecy and national security on one hand, and the imperatives of a functioning democracy on the other. The broadest because it brings to bear materials from many countries, the deepest because it brilliantly explores a core problem of constitutional government.Õ Ð Norman Dorsen, New York University, US and President, American Civil Liberties Union, 1976Ð1991 Virtually every nation has had to confront tensions between the rule-of-law demands for transparency and accountability and the need for confidentiality with respect to terrorism and national security. This book provides a global and comparative overview of the implications of governmental secrecy in a variety of contexts. Expert contributors from around the world discuss the dilemmas posed by the necessity for Ð and evils of Ð secrecy, and assess constitutional mechanisms for checking the abuse of secrecy by national and international institutions in the field of counter-terrorism. In recent years, nations have relied on secret evidence to detain suspected terrorists and freeze their assets, have barred lawsuits alleging human rights violations by invoking Ôstate secretsÕ, and have implemented secret surveillance and targeted killing programs. The book begins by addressing the issue of secrecy at the institutional level, examining the role of courts and legislatures in regulating the use of secrecy claims by the executive branch of government. From there, the focus shifts to the three most vital areas of anti-terrorism law: preventive detention, criminal trials and administrative measures (notably, targeted economic sanctions). The contributors explore how assertions of secrecy and national security in each of these areas affect the functioning of the legal system and the application of procedural justice and fairness. Students, professors and researchers interested in constitutional law, international law, comparative law and issues of terrorism and security will find this an invaluable addition to the literature. Judges, lawyers and policymakers will also find much of use in this critical volume.

Kenneth Kitts offers entry into the highly political, behind-closed-doors world of blue-ribbon investigative commissions convened in the aftermath of national security crises. Ranging from Pearl Harbor to the September 11 terrorist attacks, Kitts takes the reader into the backroom to watch as presidents, their advisers, and commission members confront an armory of pressures. With rich detail and accounts of political intrigue, he reveals just how and when presidents reach for the blue-ribbon option to try to defuse crises, deflect criticism, and maintain control of national security policy - and how presidential expectations are sometimes unmet, as commissions issue damning reports with unforeseen and explosive consequences.

With terrorism still prominent on the U.S. agenda, whether the country's prevention efforts match the threat the United States faces continues to be central in policy debate. Does the country need a dedicated domestic intelligence agency? Case studies of five other democracies--Australia, Canada, France, Germany, and the UK--provide lessons and common themes that may help policymakers decide.

Terrorism and National Security Reform demonstrates that blue-ribbon commissions can be powerful vehicles for policy change, overturning the conventional wisdom that views them only as devices for passing the buck. Jordan Tama explains how the unique political credibility of commissions can enable them to forge bipartisan consensus on tough policy challenges. He also shows that commissions are most valuable during a crisis, when policymakers face pressure to make changes but frequently cannot agree on what to do. Using an original database, case studies, and more than 200 interviews of policymakers and commission participants, Tama reveals how commissions have shaped Barack Obama's plan for ending the Iraq War, spurred the largest government and intelligence overhauls since 1947, and driven many other elements of U.S. counterterrorism policy. In an era of unrelenting partisanship and extreme polarization, this book shows that commissions are increasingly valuable policymaking tools.