09 ott 2008

Discussing with Prof. Emilio Viano: International Criminal Justice in the Age of Globalization. Part. 2

Discussing with Prof. Viano, part 2
As you know, I am for 3 months at the Washington College of Law, American University.
Special thanks to Prof. Viano, who sponsored my research period and helps me every day.
He authorized me to publish some works, or some issues/topics on which we discussed
EMILIO VIANO, Ph.D., LLM, specializes in human rights, criminology, and victimology at American University and serves as an adjunct professor at the Washington College of Law. He is a frequent commentator on the BBC, CNN, and Voice of America and lectures throughout the world.
A pioneer in the field of victimology, victims rights, and an expert in the field of transnational crime, Professor Viano is recognized internationally for his contributions to justice and human rights. He has authored countless articles and books, the most recent on trnasnational crime. Recent titles include Intimate Violence: Interdisciplinary Perspectives, Critical Issues in Victimology, Crime and Its Victims, and The Victimology Handbook. Viano is also widely published in such journals as Communications and the Law, the Journal of Behavioral and Social Sciences, and Studies on Crime and Crime Prevention.
(From AU website)

International Criminal Justice in the Age of Globalization
Part. 2
The international criminal justice system consists of international and national criminal justice institutions which collectively undertake to enforce international criminal law norms. Ideally, it would function as a networking system whose cooperating units need to have: 1) uniform or substantially similar substantive legal norms 2) similar norms and procedures on international cooperation in penal matters applicable to international and national legal institutions 3) harmonized penalties for international crimes (whether before international or national institutions) 4) harmonized due process norms applicable to international and national processes.
Opinion on a Notification for Prior Checking received from the Data Protection Officer of the The international criminal justice system will not likely occur as a result of planning and sound legal techniques, but rather as a result of non-orderly processes in which fortuitous events and practical exigencies will incrementally enhance the goals intended to be attained. These processes are likely to be spurred by the needs to enhance inter-state criminal cooperation in preventing and repressing the increased number of transnational crimes in the age of globalization since 9/11(U.S.) and 3/11(Spain).
The same phenomenon of globalization will also require greater inter-state cooperation with respect to domestic criminality. All of these factors will enhance international criminal justice, the harmonization and in some respect the progressive uniformity of norms and procedures. The major threat to international criminal justice lies in the potential political manipulation of ad hoc international criminal tribunals and of the International Criminal Court with respect to the three most serious international crimes: genocide, crimes against humanity and war crimes Thus, political manipulation may derive from realpolitik, which will use international criminal justice as a tool to achieve its goals. Thus, for example, the likelihood that amnesties and other de facto means of granting impunity will compromise international criminal justice remains a serious threat to it. Historically, the battle for international criminal justice, which started after the First World War, has ended with the establishment of the International Criminal Court. Due to globalization, the progress of international criminal justice is likely to move faster that it did during the earlier phase. This notion of creating cohesion within an international framework is reminiscent of the belief that there is nothing more powerful than an idea whose time has come. International criminal justice is more than an idea. It is an ideal that represents the commonly shared values of the international community. Its time has come! It's not simple to examine the progressive establishment and functioning of international criminal justice within the context of globalization and the pressures of significant recent events like 9.11, 3.11, the “war on terror”, the Guantanamo captives, Abu Ghraib, and others. The approach and perspectives of sociology of law will guide the analysis.

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