This chapter explores the lawful contours of a growing phenomenon – the administration of criminal justice by non-state armed groups in territories under their control. It highlights a steadily... Show moreThis chapter explores the lawful contours of a growing phenomenon – the administration of criminal justice by non-state armed groups in territories under their control. It highlights a steadily mounting body of international practice recognizing the lawfulness of the ‘de facto’ processes as dependent on how – rather than by whom – justice is administered and considers the conditions that international law places on such justice. These include the core standards of independence and impartiality, fair trial guarantees, respect for the principle of legality and the nature of the crimes, which pose myriad challenges in practice in the context of de facto justice. Among others, the chapter flags the particular implications of increased resort by non-state actors (like states) to broad terrorism-related crimes as a basis for prosecution. Finally, as meeting the standards required of de facto justice will generally depend on external support, the chapter questions whether under international law states can – or in certain circumstances should – cooperate with or recognize such processes consistently with international law. In an area of dynamic legal and practical development, the chapter reveals a landscape that is evolving to meet the realities of the changing nature of non-state actors’ exercise of power and control, but where tensions, uncertainties and paradoxes remain. Show less
In our modern society we rely on information and communication technology for the speed, efficiency, and security of many of our transactions and interactions. The use of these technologies almost... Show moreIn our modern society we rely on information and communication technology for the speed, efficiency, and security of many of our transactions and interactions. The use of these technologies almost always entails the keeping of electronic records. These are of interest to law enforcement and intelligence agencies since they can be used to profile and monitor (potential) suspects. While this may enhance the security of our society, it may also form a threat to privacy and liberty. Up until now, the sheer amount of data available in the information society has acted as a de facto safeguard for privacy and liberty. However, advances in the science of artificial intelligence, most notably in the area of software agent technology, are quickly removing the information overload. Software agents are intelligent programs able to perform tasks without human supervision. In this thesis the use of agents for surveillance purposes is examined. The goal of the thesis is to determine whether the legal framework for the protection of privacy and liberty in the Netherlands and the United States is still adequate in the light of agent-enabled surveillance. In particular, the thesis explores whether the right to privacy is still an adequate means of protecting liberty. Show less
