Overview

The present book brings together perspectives from different disciplinary fields to examine the significant legal, moral and political issues which arise in relation to the use of lethal force in both domestic and international law. These issues have particular salience in the counter terrorism context following 9/11 (which brought with it the spectre of shooting down hijacked airplanes) and the use of force in Operation Kratos that led to the tragic shooting of Jean Charles de Menezes. Concerns about the use of excessive force, however, are not confined to the terrorist situation. The essays in this collection examine how the state sanctions the use of lethal force in varied ways: through the doctrines of public and private self-defence and the development of legislation and case law that excuses or justifies the use of lethal force in the course of executing an arrest, preventing crime or disorder or protecting private property. An important theme is how the domestic and international legal orders intersect and continually influence one another. While legal approaches to the use of lethal force share common features, the context within which force is deployed varies greatly. Key issues explored in this volume are the extent to which domestic and international law authorise pre-emptive use of force, and how necessity and reasonableness are legally constructed in this context.

Full Product Details

Author:   Simon Bronitt ,  Miriam Gani ,  Dr Saskia Hufnagel
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Dimensions:   Width: 15.60cm , Height: 2.00cm , Length: 23.40cm
Weight:   0.644kg
ISBN:  

9781849462921

ISBN 10:   1849462925
Pages:   342
Publication Date:   05 November 2012
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand  
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Table of Contents

PART I: THEORETICAL AND ETHICAL PERSPECTIVES Chapter 1 The Rule of Law, Legal Positivism and States of Emergency Tom Campbell Chapter 2 Civil Emergencies and the Claims of Innocence John Kleinig and Tziporah Kasachkoff Chapter 3 The Right to Life Between Absolute and Proportional Protection Kai Möller Chapter 4 Can States Commit Crimes? Andrew Vincent Chapter 5 Law, Death and Denial in the 'Global War on Terror' Russell Hogg PART II: LEGAL FRAMEWORKS FOR SHOOTING TO KILL Chapter 6 Sooting to Kill Innocents: Necessity, Self-Defence and Duress in the Commonwealth Criminal Code Ian Leader-Elliott Chapter 7 Regulating Reasonable Force: Policing in the Shadows of the Law Simon Bronitt and Miriam Gani Chapter 8 When Shooting to Kill is Authorised by the State: A Feminist Analysis Kylie Weston-Scheuber Chapter 9 Fundamental Rights and Fundamental Difference: Comparing the Right to Human Dignity and Criminal Liability in Germany and Australia Saskia Hufnagel Part III Shooting to Kill in Context: Case Studies Chapter 10 The Fatal Police Shooting of Jean Charles de Menezes: Is Anyone Responsible? Ian Gordon and Seumas Miller Chapter 11 The Use of Lethal Force in Counter-Piracy Operations off Somalia Douglas Guilfoyle and Andrew Murdoch Chapter 12 Unlawful Killing with Combat Drones: A Case Study of Pakistan, 2004–2009 Mary Ellen O'Connell Chapter 13 Corporations that Kill: Prosecuting Blackwater David Kinley and Odette Murray

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Author Information

Simon Bronitt is Director of the ARC Centre of Excellence in Policing and Security at Griffith University in Brisbane.His research interests include criminal justice issues, including counter terrorism law and human rights, covert policing, telecommunications interception and international criminal law. Miriam Gani is an Associate Professor in Law at the ANU College of Law at the Australian National University in Canberra. Her teaching and research interests are in criminal law, especially Australian Federal Criminal Law. Saskia Hufnagel is a Research Fellow at the ARC Centre of Excellence in Policing and Security at Griffith University in Brisbane. Her research focuses on comparative criminal and human rights law.

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