Public international law: humanitarian law Books

Book SynopsisInternational Human Rights is the definitive work on the subject area providing its reader with a comprehensive analysis of this wide and diverse subject area. A successor to the widely acclaimed International Human Rights in Context, this book is written by Philip Alston and Ryan Goodman who are both world-leading human rights scholars. They have chosen a wide selection of materials from primary and secondary materials to demonstrate and illuminate key themes and carefully guide the reader through each extract with thoughtful and lucid commentary.Trade ReviewThe most stimulating book that I know of in the field of human rights. * Georges Abi-Saab, Graduate Institute of International Studies, Geneva *...it is clearly and accessibly written and provides an excellent balance between commentary and analysis. * The Student Law Journal *... imaginative and stimulating materials with thought-provoking commentary... a wonderful teaching tool, as well as a valuable starting point for research. * Hilary Charlesworth, Australian National University *Table of ContentsPART A INTRODUCTORY NOTIONS AND BACKGROUND TO INTERNATIONAL HUMAN RIGHTS REGIME; PART B NORMATIVE FOUNDATION OF INTERNATIONAL HUMAN RIGHTS; PART C RIGHTS, DUTIES AND DILEMMAS OF UNIVERSALISM; PART D INTERNATIONAL HUMAN RIGHTS ORGANIZATIONS; PART E STATES AS PROTECTORS AND ENFORCERS OF HUMAN RIGHTS; PART F CURRENT TOPICS

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Book SynopsisThe status of the refugee in international law, and of everyone entitled to protection, has ever been precarious, not least in times of heightened and heated debate: people have always moved in search of safety, and they always will. In this completely revised and updated edition, the authors cast new light on the refugee definition, the meaning of persecution, including with regard to gender and sexual orientation, and the protection due to refugees and those affected by statelessness or disasters. They review the fundamental principle of non-refoulement as a restraint on the conduct of States, even as States themselves seek new ways to prevent the arrival of those in search of refuge.Related principles of protectionnon-discrimination, due process, rescue at sea, and solutions are analysed in light of the actual practice of States, UNHCR, and treaty-monitoring bodies. The authors closely examine relevant international standards, and the role of UNHCR, States, and civil society, in proTrade ReviewReview from previous edition It should be at the reach of any practitioner in asylum and human rights. It ought also to inform decisions by the Home Office on initial asylum claims. It is also essential for the specialised immigration and asylum judiciary and for those assembling an appellate case in the Court of Appeal or the House of Lords. Human rights law is an increasing component of law degree courses in the United Kingdom. Academic lawyers will find the book invaluable. * Law Quarterly Review, 124(Jan 2008), 163-166 *This is the third edition of what is now one of refugee law's classic texts. The authors sew together a wealth of knowledge and learning and an extraordinary quantity of information including history, international, regional and domestic law as well as discussion of state practice. The result is a work which is clear, practical, easy to use and convincing. * Journal of Immigration, Asylum and Nationality Law, 2007, 21(4), 351-353 *Table of Contents1. The Refugee in International Law Part 1: Refugees 2. Refugees Defined and Described 3. Determination of Refugee Status: Analysis and Application 4. Loss and Denial of Refugee Status and its Benefits Part 2: Asylum 5. The Principle of Non-Refoulement DS Part 1 6. The Principle of Non-Refoulement DS Part 2 7. Protection under Human Rights and General International Law 8. The Concept of Asylum Part 3: Protection 9. International Protection 10. International Cooperation, Protection, and Solutions 11. Treaty Standards and their Implementation in National Law 12. Displacement related to the Impacts of Disasters and Climate Change 13. Nationality, Statelessness, and Protection

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Book SynopsisThe Oxford Handbook of International Refugee Law is a comprehensive, critical work, which analyses the state of research across the refugee law regime as a whole. Drawing together leading and emerging scholars, the Handbook provides both doctrinal and theoretical analyses of international refugee law and practice. It critiques existing law from a variety of normative positions, with several chapters identifying foundational flaws that open up space for radical rethinking. Many authors work directly in the field, and their contributions demonstrate how scholarship and practice can mutually inform each other. Contributions assess a wide range of international legal instruments relevant to refugee protection, including from international human rights law, international humanitarian law, international migration law, the law of the sea, and international and transnational criminal law. Geographically, contributors examine regional and domestic laws and practices from around the world, with Trade ReviewBy far the most comprehensive and up to date reference work in international refugee law ... the Handbook provides an excellent starting point for any academic research project in this area ... the Handbook will soon become an integral part in the standard canon of books on international refugee law and a valuable resource for students, scholars, and practitioners alike. * Jan-Phillip Graf, Journal of International Law of Peace and Armed Conflict *If you are interested in widening and deepening your knowledge and understanding of the global system of refugee law and protection, this handbook is an invaluable entry point... The handbook stands as a state of the art review of international refugee law and scholarship by some of the most prominent and well respected writers and thinkers in the field. * Colin Yeo, Free Movement *Table of ContentsPart I. International Refugee Law: Reflections on the Scholarly Field 1: International Refugee Law in the Early Years 2: Race, Refugees, and International Law 3: A Feminist Appraisal of International Refugee Law 4: Queering International Refugee Law 5: The Politics of International Refugee Law 6: The Ethics of International Refugee Protection 7: Refugees as Migrants 8: The Intersection of International Refugee Law and International Statelessness LawPart II. Sources 9: The Architecture of the UN Refugee Convention and Protocol 10: The Office of the United Nations High Commissioner for Refugees 11: Moving Towards an Integrated Approach of Refugee Law and Human Rights Law 12: International Humanitarian Law and Refugee Protection 13: Customary Refugee Law 14: National Constitutions and Refugee ProtectionPart III. Regional Regimes 15: Regional Refugee Regimes: Africa 16: Regional Refugee Regimes: North America 17: Regional Refugee Regimes: Latin America 18: Regional Refugee Regimes: Middle East 19: Regional Refugee Regime: Europe 20: Regional Refugee Regimes: Central Asia 21: Regional Refugee Regimes: East Asia 22: Regional Refugee Regimes: South Asia 23: Regional Refugee Regimes: Southeast Asia 24: Refugee Regimes: OceaniaPart IV. Access to Protection and International Responsibility-Sharing 25: Sharing of Responsibilities for the International Protection of Refugees 26: Protection at Sea and the Denial of Asylum 27: Extraterritorial Migration Control and Deterrence 28: The Evolution of Safe Third Country Law and Practice 29: Human Smuggling and Refugees 30: Human Trafficking and Refugees 31: Refugee Status Determination 32: Asylum Procedures 33: Credibility, Reliability, and Evidential AssessmentPart IV. The Scope of Refugee Protection 34: The International and Regional Refugee Definitions Compared 35: UNRWA and Palestine Refugees 36: Complementary Protection 37: Temporary Protection and Temporary Refuge 38: The Internal Protection Alternative 39: Exclusion 40: Women in Refugee Jurisprudence 41: Child Refugees 42: Sexual Orientation and Gender Identity in Refugee Claims 43: Protecting Refugees with Disabilities 44: Stateless Refugees 45: Conflict Refugees 46: Displacement in the context of Climate Change and Disasters 47: Internal DisplacementPart V. Refugee Rights and Realities 48: The Right to Asylum 49: National Constitutions and the Right to Asylum 50: Non-refoulement 51: Non-penalization and non-criminalization 52: The Right to Liberty 53: The Right to Work 54: The Right to Education 55: The Right to Family Reunification 56: The Digital Transformation of Refugee GovernancePart VI. The End of Refugeehood - Cessation and Durable Solutions 57: Cessation 58: Refugee Naturalization and Integration 59: Reimagining Voluntary Repatriation 60: Resettlement 61: Onward MigrationPart VII. Accountability for Displacement and Refugee Rights Violations 62: Restitution and Other Remedies for Refugees and Internally Displaced Persons 63: The Responsibility of Armed Groups concerning Displacement 64: The Accountability of International Organizations in Refugee and Migration Law 65: Border Crimes as Crimes against Humanity

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Book SynopsisWith the arrival in Europe of over a million refugees and asylum seekers in 2015, a sense of panic began to spread within the continent and beyond. What is a Refugee? puts these developments into historical context, injecting much-needed objectivity and nuance into contemporary debates over what is to be done. Refugees have been with us for a long time -- although only after the Great War did refugee movements commence on a large scale -- and are ultimately symptoms of the failure of the system of states to protect all who live within it. Providing a terse user's guide to the complex legal status of refugees, Maley argues that states are now reaping the consequences of years of attempts to block access to asylum through safe and 'legal' means. He shows why many mooted 'solutions' to the 'problem' of refugees -- from military intervention to the warehousing of refugees in camps -- are counterproductive, creating environments ripe for the growth of extremism among people who have been denied all hope. In a globalised world, he concludes, wealthy states have the resources to protect refugees.And, as his historical account shows, courageous individuals have treated refugees in the past with striking humanity. States today could do worse than emulate them.Trade Review'Debunking some of the popular assumptions about the refugee crisis, with a look into the causes behind the flight from one's homeland ... Maley raises the vexing question of why we consider people in a developed and stable country entitled to all the benefits of modernity, whereas others are expected to put up with murder, pillage and mayhem.' * Georgraphical Magazine *'With the arrival in Europe of over a million refugees and people seeking asylum in 2015, a sense of panic began to spread within the continent and beyond. 'What Is a Refugee?' puts these developments into historical context, injecting much-needed objectivity and nuance into contemporary debates over what is to be done.' -- Refugee Council of Australia'This book is an eye-opener. It is an elegant, expert account of the history of refugees, their formal rights, and their shrinking prospects. It will leave no reader unmoved, and no conscience untroubled.' -- Philip Pettit, L.S.Rockefeller University Professor of Politics and Human Values, Princeton University, and author of 'Just Freedom: A Moral Compass for a Complex World''William Maley has done the world a great service--introducing one of the key questions of our times with rich insight and clarity. His book is a thoroughly readable and essential exploration of refugee issues. I learnt a huge amount from his writing, and I highly recommend it.' -- Patrick Kingsley, Migration Correspondent, 'The Guardian'; Foreign Affairs Journalist of the Year, British Journalism Awards 2015'An excellent introduction for the general reader on refugee issues and the national and international political context in which they are located. Lucidly and fluently written, Maley's deep and humane understanding and wide-reading across history and literature shines through on every page.' -- Matthew Gibney, Professor of Politics and Forced Migration, University of Oxford'A compelling, engaging and short book aimed at non-specialists who are interested in understanding the roots and complexities of the refugee crises. A pleasure to read.' -- Rosa Freedman, Professor of Law, Conflict and Global Development, University of Reading, and author of 'Failing to Protect: The UN and Politicisation of Human Rights''This timely, informative and highly accessible book tackles the thorny issue of what happens to people fleeing fear and repression around the world. Maley cuts through technical jargon and legal terminology to bring to the lay reader an understanding of how some of the key challenges of refugee protection are being managed in the twenty-first century. Highly recommended.' -- Dawn Chatty, Emerita Professor of Anthropology and Forced Migration and former director of the Refugee Studies Centre, University of Oxford

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Book Synopsis'Anyone interested in the future of autocracy should buy it' Anne Applebaum, author of Twilight of Demoracy**Winner of the Moore Prize for Human Rights Writing**A devastating account of China's genocide of the Uyghurs, by a leading Uyghur activist and Time #100 nomineeNury Turkel was born in a re-education' camp in China at the height of the Cultural Revolution. He spent the first several months of his life in captivity with his mother, who was beaten and starved while pregnant with him, whilst his father served a penal sentence in an agricultural labour camp. Following this traumatic start and not without a heavy dose of good fortune he was later able to travel to the US for his undergraduate studies in 1995 and was granted asylum in the country in 1998 where, as a lawyer, he is now a tireless and renowned activist for the plight of his people.Part memoir, part call-to-action, No Escape will be the first major book to tell the story of the Chinese government's terrible oppression ofTrade Review‘No Escape is a heart-rending and deeply shocking account of the Chinese Communist Party’s systematic persecution of the Uyghur people and their unique, ancient culture … I urge everybody, regardless of political affiliation, to please, read this book’Baroness Sayeeda Warsi, author of The Enemy Within: A Tale of Muslim Britain ‘The genocide in China needed this book for us to demand international action. It is painful but essential reading’Nazir Afzal, former Chief Crown Prosecutor for North West England ‘Nury Turkel is a giant of our generation … No Escape is required reading for anyone hoping for a better world’Luke de Pulford, co-founder and director of Arise Foundation and coordinator of the Inter-Parliamentary Alliance on China ‘Vital … No Escape is an important testimony to one of the greatest humanitarian outrages of our time’Irish Times

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Book SynopsisEvery day the American government, the United Nations, and other international institutions send people into non-English speaking, war-torn, and often minimally democratic countries struggling to cope with rising crime and disorder under a new regime. These assistance missions attempt to promote democratic law enforcement in devastated countries. But do these missions really facilitate the creation of effective policing? Renowned criminologist David H. Bayley here examines the prospects for the reform of police forces overseas as a means of encouraging the development of democratic governments. In doing so, he assesses obstacles for promoting democratic policing in a state-of-the-art review of all efforts to promote democratic reform since 1991. Changing the Guard offers an inside look at the achievements and limits of current American foreign assistance, outlining the nature and scope of the police assistance program and the agencies that provide it. Bayley concludes with recommendations for how police assistance could be improved in volatile countries across the world. This book is required reading as an instruction manual for building democratic policing overseas.Trade Review"Changing the Guard explores the unnumbered side streets of US foreign police assistance and reveals a work of programmatic chaos that officials admit is out of control. Beyond its value as a bureaucratic "who done it," the book offers important insights into improving the delivery of police assistance, in particular that security need not be achieved at the expense of democratic reform."--Robert Perito, author of Where Is the Lone Ranger When We Need Him?: America's Search for a Postconflict Stability Force"David Bayley has brought wisdom and perception to a distinguished career that has established him as the world's leading scholar of international policing. Changing the Guard, his latest effort, is a capstone. It is a beautifully written and thoroughly admirable book that will prove indispensable to both scholars and practitioners concerned with the meaning of democratic policing--and how to infuse it into emerging democracies."--Jerome H. Skolnick, author of Justice Without Trial: Law Enforcement in Democratic Society"David Bayley's long experience, thorough research and clear thinking shine through on every page of this book. He is one of the few writers in this field that combines an understanding of the internal dynamics of police organizations with insight into international assistance. Against this background, he manages to take the jumbled pieces of the police assistance puzzle and lay them out to form a cohesive and concise picture. But the book is not least a valuable contribution because David Bayley follows his research through to its final conclusions - conclusions that are both policy relevant and instructive for fellow academics."--Annika S. Hansen, author of From Congo to Kosovo: Civilian Police in Peace OperationsTable of ContentsPreface ; 1. Problem and Opportunity ; 2. Democracy and Police Reform ; 3. U.S. Programs and Policy ; 4. Strategies of Reform ; 5. Security and Reform ; 6. Managing Assistance ; 7. Evaluating Impact ; 8. Organizing for Success ; Appendix: Executive summary of recommendations ; Index

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Book SynopsisThough the Qatar 2022 FIFA Men''s World Cup is for many a symbol of long-standing corruption and human rights problems, the event may actually represent something entirely new. Megasports are now demonstrating a capacity to leave what this book calls a human rights and anti-corruption legacy: norms, practices, policies, or laws that have application beyond sport, are likely to endure after the event, and the implementation of which is accelerated by hosting the event. In the 2010s, Brazil''s hosting of the FIFA Men''s World Cup and Summer Olympics, and then South Korea''s hosting of the Winter Olympics, left what this book calls reactive, accidental, and one-dimensional anti-corruption legacies. Most would be shocked to find that Qatar now moves this legacy concept forward, undertaking to create megasports'' first intentional and proactive human rights legacy. The first and perhaps best opportunity to build a proactive, intentional, and two-dimensional human rights and anti-corruption legacy lies in France, as it prepares to host the 2024 Paris Summer Olympics while implementing new landmark anti-corruption and human rights laws. The concept may still advance in Australia and New Zealand (2023 FIFA Women''s World Cup) and Italy (2026 Milan Cortina Winter Olympics). However, the United Bid of Canada, the United States, and Mexico has promised the first proactive, intentional, and two-dimensional legacy around the 2026 FIFA Men''s World Cup. The book analyzes existing megasport policies and practices, then suggests reforms to acknowledge and support these new legacies.Trade ReviewSpalding proposes a constructive approach for organisers of MSE to consciously create human rights and anti-corruption legacies. * Bernd Justin Jütte, Irish Jurist *Table of ContentsPreface Abbreviations PART I: ORIGINS OF A HUMAN RIGHTS AND ANTI-CORRUPTION LEGACY Chapter 1. From the Founding through Globalization: Preconditions of the New Legacy Chapter 2. Toward Globalized Standards: Human Rights Due Diligence and Anti-Corruption Compliance PART II: EARLY INTIMATIONS OF A NEW LEGACY Chapter 3. An Awakening: Brazil's 2014 FIFA Men's World Cup and 2016 Rio de Janeiro Summer Olympics Chapter 4. A Pattern Emerges: South Korea's 2018 Pyeongchang Winter Olympics PART III: PROGRESSING TOWARD A PROACTIVE, INTENTIONAL, AND TWO-DIMENSIONAL LEGACY Chapter 5. The First Intentional and Proactive Human Rights Legacy: Qatar's 2022 FIFA Men's World Cup Chapter 6. A Large But Latent Legacy: the Paris 2024 Summer Olympics Chapter 7. Future Legacy Opportunities: Australia and New Zealand 2023; Italy 2026; and the U.S., Canada, and Mexico 2026 PART IV: BUILDING A FRAMEWORK Chapter 8. The Legal Foundation: The Host-City/Country Contract Chapter 9. How Reforms Create Legacies: Constructing a Model Chapter 10. Conclusion: A How-To Guide

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Book SynopsisLike many other areas of life, humanitarian practice and thinking are being transformed by information and communications technology. Despite this, the growing digitization of humanitarianism has been a relatively unnoticed dimension of global order. Based on more than seven years of data collection and interdisciplinary research, #Help presents a ground-breaking study of digital humanitarianism and its ramifications for international law and politics.Global problems and policies are being reconfigured, regulated, and addressed through digital interfaces developed for humanitarian ends. #Help analyses how populations, maps, and emergencies take shape on the global plane when given digital form and explores the reorientation of nation states'' priorities and practices of governing around digital data collection imperatives. This book also illuminates how the growing prominence of digital interfaces in international humanitarian work is sustained and shaped by law and policy.#Help revealTrade ReviewWhat happens when the objectives, beneficiaries, and participants of humanitarian activism are framed by digital technologies? When the door to humanitarian relief is opened or closed by algorithms? #Help lays out the distributive effects of recourse to digital interfaces by humanitarian actors: the re-ordering of powers and vulnerabilities between human groups, the routinization of emergencies, and the redirection of political action. This is a hugely interesting, politically relevant, and altogether new analysis of the transformations of the humanitarian imaginary resulting from its integration in the global digital revolution. * Martti Koskenniemi, Emeritus Professor of International Law at the University of Helsinki and Director of the Erik Castrén Institute of International Law and Human Rights *How does the diffusion of digital interfaces transform the practice, philosophy, and politics of humanitarian work? This essential and richly documented book discusses the normalization of binary thinking and datafication, the rise of new actionable objects and relations, and shifting temporalities and governance models. #Help offers an invaluable perspective that challenges what we thought we knew about how people today ask for help, and how others respond. * Marion Fourcade, Professor of Sociology and Director of Social Science Matrix at the University of California, Berkeley *Philosophically grounded, historically rich, and analytically sharp, this book brings much needed clarity to the complex field of digital humanitarianism. Johns shows how humanitarianism is changing in relation to computational practices, and why this matters for law and politics on a global scale. * Kate Crawford, Research Professor at USC Annenberg and Senior Principal Researcher at MSR New York *As humanitarianism has become a global language meant to represent and alleviate the suffering of the world, Fleur Johns critically explores its latest avatar: digital humanitarianism. Through fascinating case studies of recent tools claiming to characterize populations, map needs, and organize responses, #Help offers an original, rigorous and much-needed analysis of the ambiguous promise of this technological turn in the politics of compassion. * Didier Fassin, Professor at the Collège de France and the Institute for Advanced Study *Johns's work helps us appreciate those transformations with incisive theoretical exploration. * Wendy H. Wong, The American Journal Of International Law *#Help: Digital Humanitarianism and the Remaking of International Order is a characteristically rich, intricate, thoughtful and insightful intervention from one of international lawâs most consistently enlightening contemporary scholars, Fleur Johns. It is a thoroughly enjoyable read and, on its face, a succinct descriptive account, infused throughout with sharp analytical observation,...A good analogy is, perhaps, bindweed: global digital bindweed. * Stephen Humphreys, London Review of International Law *The book is interspersed with 'prospects for doing otherwise',...It is a crucial contribution of the book that it hones its analytical apparatus to pay attention to dissensus and divergence and to keep questions of digital humanitarian futures open. * Claudia Aradau, London Review of International Law *The theoretical offerings of the book can be mobilised and adapted in research attuned to the modes of freedom and safety people create collectively among themselves and against social sorting, detention, violence, policing and its technologies. * Margie Cheesman, London Review of International Law *Table of ContentsChapter 1: Interfaces: New media of humanitarian relation Chapter 2: Maps: Historical snapshots and digital rewriting Chapter 3: Populations: From statistics to data science Chapter 4: Emergencies: Waiting and watching in the palliative present Chapter 5: States: Analogue and digital Chapter 6: Law and policy: Infrastructures of interface Chapter 7: Uses: Using, disusing and misusing digital humanitarian interfaces

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Book SynopsisThis collection of papers provides a commentary on and critique of Grotius' "De jure pacs ac belli". It is the product of a joint research project on Grotius' book, carried out by the Research Group on the Fundamental Theory of International Law, headed by the editor.Trade Review`Careful editorial work has ensured a smooth dovetailing of the contributions so that the book is more than simply the sum of its parts ... The style is clear, concise and sometimes elegant.' Cambridge Law JournalTable of ContentsGrotius' method, Tanaka Tadashi - dialectic of law, the constuction of a jurisprudence, the prolegomena and the design of "JBP"; Grotius' concept of law, Tanaka Tadashi - "Jus", natural law and volitional law, basic legal concepts, the relation between various laws; war, Onuma Yasuaki - definition and lawfulness of war, just causes of war, authors of war; state and governing power, Tanaka Tadashi - the state, supreme governing power, the right of resistance and subordinate rulers; "dominium" and "imperium", Yanagihara Masaharu - the evolution of "dominium" and rights common to all men, original acquisition of the right over corporeal things, original acquisition of the right over persons, derivative acquisition, acquisition under "the law of nations", extinction of "dominium" and "imperium", obligations arising from "dominium", Grotius as "the father of private law theory based on natural law"; agreement, Onuma Yasuaki - the history of the concept of the binding force of agreements, Grotius' theory of promise and agreement, evaluation of the theory of agreement in "JBP"; punishment, Furukawa Terumi - punishment in general, punitive war; the laws of war, Kasai Naoya - significance and structure of the laws of war, rules of natural law, the scope and application of the law of nations, external effects under the law of nations, demands for internal justice in an unjust war; "temperamenta" (moderation), Tanaka Tadashi - the problem, unjust war, "temperamenta", the law of nations, internal justice and the law of love, Grotius and the laws of war in modern international law; agreements between nations - treaties and good faith with enemies, Kimura Makoto - treaties and sponsions (public agreements), "fides" between enemies, admonitions to preserve faith and peace; law dancing to the accompaniment of love and calculation, Onuma Yasuaki - "JBP" a book with a practical aim, the realities of war in "JBP", Grotius' normative approach, a multi-layered normative structure, "systematic" presentation of just causes of war, the position of "JBP" in the history of international law; Appendix - Eurocentrism in the history of international law, Onuma Yasuaki.

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Book SynopsisThe concept of self-determination has played a very important role in the shaping of the international community in the nineteenth and twentieth centuries. It is closely linked in a number of different ways to the status of minorities and minorities frequently make claims to self-determination as a right for themselves. This meticulously researched book explores the relationship between self-determination and minority rights in international law. It is highly detailed in its treatment of the subject, discussing very recent events, such as the atrocities in the former Yugoslavia, in a valuable historical context. His analysis of the issues provide the reader with a significant clarification of the legal issues involved, especially since the establishment of the UN and the development of international norms of human rights. As such, the book will hold particular appeal for all those who are interested in international law and politics, as well as students of modern history wishing to be informed on this hotly debated issue.Trade ReviewThe book's great strength from the point of view of non-lawyers lies in the clarity with which it unfolds, expounds and analyses the arguments that have been used by international bodies, states and ethnic movements to justify particular courses of action and inaction. The complex inter-relationships between self-determination and minority protection, which lie at the core of the book, are especially well handled the book's realism will appear to scholars whose firm disciplinary grounding in realpolitik may prejudice them against legally-based approaches. * Immigrants and Minorities *offers a fresh approach to the origins of self-determination ... offers clearly argued positions about contentious issues ... very well written and ... accessible to most readers. It should be read by all those involved in any way in matters that raise issues of self-determination and minority rights. * Lawyers Weekly *immensely helpful in providing a proper perspective. * A.G. Noorani, Frontline, Aug 00. *Table of Contents1. The Origins of National Consciousness ; 2. Self-Determination and the First World War ; 3. The Inter-War Years: The Minorities Treaties Regime ; 4. Self-Determination in Modern International Law: International Instruments and Judicial Decisions ; 5. Self-Determination in Modern International Law: The Practice of States ; 6. The Protection of Minorities ; 7. Definitions of the Term "People" ; 8. Secession ; 9. Irredentism ; 10. Historical Title ; Epilogue

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Book SynopsisThe Law of Non-International Armed Conflict brings together and critically analyses the disparate conventional, customary, and soft law relating to non-international armed conflict. All the relevant bodies of international law are considered, including international humanitarian law, international criminal law, and international human rights law. The book traces the changes to the legal framework applicable to non-international armed conflict from ad hoc regulation in the nineteenth and early twentieth century, to systematic regulation through the 1949 Geneva Conventions and 1977 Additional Protocols, to the transformation of the law in the mid-1990s. Armed conflicts ranging from the US civil war, the Algerian War of Independence, and the attempted secession of Biafra, through to the current conflicts in the Colombia, the Philippines, and Sudan are all considered.The identification and analysis of the law is complemented by a consideration of the practice, allowing both violations of, Trade Review[Professor Sandesh Sivakumaran] examines the genesis of this novel, interdisciplinary body of law and the way ahead, thereby contributing with a major piece of work in a field . . . that greatly needed further research. * Roberta Arnold, Israel Law Review *The Law of Non-International Armed Conflict is an essential contribution to an area much in need of clarification. In addition to offering a comprehensive elaboration of the current law in this area, it also explores the more foundational questions that will be of interest to any general international lawyer, such as the methodology of customary law formation and the varied sources of the relevant norms. It is to be hoped that Professor Sivakumarans proposal of a new instrument to bind non-state armed groups can be taken forward, with a view to achieving greater compliance with the law in situations that all too often witness the most violent fratricidal clashes. * Lawrence Hill-Cawthorne, Australian Year Book of International Law *...the book of our time on the law of non-international armed conflict. * Claus Kreß, British Yearbook of International Law *This is a rich and lengthy book. It is also courageous: Sivakumaran does not shy away from discussing some of the most debatable issues in international humanitarian law. * Noam Zamir, Cambridge Journal of International and Comparative Law *Table of ContentsPART I: REGULATING NON-INTERNATIONAL ARMED CONFLICTS; PART II: THE SUBSTANTIVE LAW OF NON-INTERNATIONAL ARMED CONFLICT; PART III: MOVING FORWARD

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Book SynopsisThe third edition of this work sets out a comprehensive and analytical manual of international humanitarian law, accompanied by case analysis and extensive explanatory commentary by a team of distinguished and internationally renowned experts.

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Book SynopsisOver the past ten years the content and application of international law in armed conflict has changed dramatically. This Oxford Handbook provides an authoritative and comprehensive study of the role of international law in armed conflict and engages in a broad analysis of international humanitarian law, human rights law, refugee law, international criminal law, environmental law, and the law on the use of force. With an international group of expert contributors, the Handbook has a global, multi-disciplinary perspective on the place of law in war. The Handbook consists of 32 chapters in seven parts. Part I provides the historical background of international law in armed conflict and sets out its contemporary challenges. Part II considers the relevant sources of international law. Part III describes the different legal regimes: land warfare, air warfare, maritime warfare, the law of occupation, the law applicable to peace operations, and the law of neutrality. Part IV introduces cruciaTrade ReviewThe book is also quite a fresh approach in an increasingly crowded market. The high rate of new publications on international humanitarian law and its associated topics continues, so it is important that entrants have something different to offer. The distinguishing features of this book are its multi-dimensional approach, the calibre of its contributors, and their willingness to offer no-holds-barred opinions on controversial topics. These features comfortably imbue the book with the requisite value-add... If this book were read cover to cover, the reader would be left with a comprehensive survey of the most important legal issues in the context of modern armed conflicts. It is therefore recommended to those who are seeking this advanced understanding from a multidimensional, critical perspective. * Damien van der Toorn, Australian Year Book of International Law *...this handbook is a useful, up-to-date and comprehensive tool for scholars and practitioners, especially judges, dealing with the legal issues arising out of armed conflicts. * William St-Michel, International Journal of Criminal Justice *The stated purpose of the Handbook is 'to provide grounding for those who would like to go further with their understanding of the law applicable in armed conflict.' The Handbook fulfils this purpose amply. Not only does it provide a comprehensive introduction to the law applicable in armed conflict, it also offers ample food for thought on the structure of the international legal system and the character of international legal obligations. * Naomi Burke, The British Yearbook of International Law *One remarkable feature of The Handbook is its exhaustiveness: it provides a comprehensive overview of the multiple rules and rights that come into play during an armed conflict. Furthermore, it clearly stems from the sum of the essays that the legal framework applicable to an armed conflict is not single-fold, but multifaceted. This handbook is a useful, up-to-date and comprehensive tool for scholars and practitioners, especially judges, dealing with the legal issues arising out of armed conflicts. * William St-Michel, Journal of International Criminal Justice *Table of ContentsI. INTRODUCTION ; II. SOURCES ; III. LEGAL REGIMES ; IV. KEY CONCEPTS FOR HUMANITARIAN LAW ; V. KEY RIGHTS IN TIMES OF ARMED CONFLICT ; VI. KEY ISSUES IN TIMES OF ARMED CONFLICT ; VII. ACCOUNTABILITY/LIABILITY FOR VIOLATIONS OF THE LAW IN ARMED CONFLICT

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Book SynopsisInternational law has long differentiated between international and non-international armed conflicts, traditionally regulating the former far more comprehensively than the latter. This is particularly stark in the case of detention, where the law of non-international armed conflict contains no rules on who may be detained, what processes must be provided to review their detention, and when they must be released. Given that non-international armed conflicts are now the most common form of conflict, this is especially worrying, and the consequences of this have been seen in the detention practices of states such as the US and UK in Iraq and Afghanistan. This book provides a comprehensive examination of the procedural rules that apply to detention in non-international armed conflict, with the focus on preventive security detention, or ''internment''. All relevant areas of international law, most notably international humanitarian law and international human rights law, are analysed in deTable of ContentsPART I: CONTEXT ; PART II: INTERNATIONAL HUMANITARIAN LAW ; PART III: INTERNATIONAL HUMAN RIGHTS LAW ; PART IV: DEVELOPING THE LAW

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Book SynopsisA work on international humanitarian law, which contains texts of the main treaties and includes other documents, such as: agreements on anti-personnel mines and laser weapons; two documents on UN forces and international humanitarian law; an extract from the Advisory Opinion of the International Court of Justice on nuclear weapons; and more.Trade Review"masterly...The third edition of Roberts and Guelff's Documents on the Laws of War is an essential and invaluable working tool for all those who are interested in international humanitarian law." International Review of the Red Cross, Geneva"An indispensable tool for any international lawyer." Professor Antonio Cassese, former President of the Yugoslav War Crimes Tribunal, The Hague"Indispensable to practitioners and students alike ... We are much indebted to the patient and scholarly labours of the two editors." International AffairsTable of ContentsIntroduction by the Editors ; 1856 Paris Declaration Respecting Maritime Law ; 1868 St Petersburg Declaration Renouncing the Use, in Time of War, of Explosive Projectiles Under 400 Grammes Weight ; 1899 Hague Declaration 2 Concerning Asphyxiating Gases ; 1899 Hague Declaration 3 Concerning Expanding Bullets ; 1907 Hague Convention IV Respecting the Laws and Customs of War on Land ; ANNEX TO THE CONVENTION: REGULATIONS RESPECTING THE LAWS AND CUSTOMS OF WAR ON LAND ; 1907 Hague Convention V Respecting the Rights and Duties of Neutral Powers and Persons in Case of War on Land ; 1907 Hague Convention VII Relating to the Conversion of Merchant Ships into Warships ; 1907 Hague Convention VIII Relative to the Laying of Automatic Submarine Contact Mines ; 1907 Hague Convention IX Concerning Bombardment by Naval Forces in Time of War ; 1907 Hague Convention XI Relative to Certain Restrictions with Regard to Exercise of the Right of Capture in Naval War ; 1907 Hague Convention XIII Concerning the Rights and Duties of Neutral Powers in Naval War ; 1923 Hague Rules of Aerial Warfare ; 1925 Geneva Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare ; 1936 London Proces-Verbal Relating to the Rules of Submarine Warfare Set Forth in Part IV of the Treaty of London of 22 April 1930 ; 1946 Judgment of the International Military Tribunal at Nuremberg: Extracts on Crimes Against International Law ; 1948 UN Convention on the Prevention and Punishment of the Crime of Genocide ; 1949 Geneva Convention I for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field ; 1949 Geneva Convention II for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea ; 1949 Geneva Convention III Relative to the Treatment of Prisoners of War ; 1949 Geneva Convention IV Relative to the Protection of Civilian Persons in Time of War ; 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict ; REGULATIONS FOR THE EXECUTION OF THE CONVENTION FOR THE PROTECTION OF CULTURAL PROPERTY IN THE EVENT OF ARMED CONFLICT ; 1954 First Hague Protocol for the Protection of Cultural Property in the Event of Armed Conflict ; 1976 UN Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Techniques ; 1977 Geneva Protocol I Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts ; 1977 Geneva Protocol II Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts ; 1978 Red Cross Fundamental Rules of International Humanitarian Law Applicable in Armed Conflicts ; 1980 UN Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May be Deemed to be Excessively Injurious or to Have Indiscriminate Effects ; 1980 Protocol I on Non-Detectable Fragments ; 1980 Protocol II on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices ; 1980 Protocol III on Prohibitions or Restrictions on the Use of Incendiary Weapons ; 1995 Protocol IV on Blinding Laser Weapons ; 1996 Amended Protocol II on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices ; 1991 Operation Desert Storm, US Rules of Engagement (Pocket Card) ; 1993 Statute of International Criminal Tribunal for the Former Yugoslavia: Extracts ; 1994 San Remo Manual on International Law Applicable to Armed Conflicts at Sea ; 1994 ICRC/UNGA Guidelines for Military Manuals and Instructions on the Protection of the Environment in Time of Armed Conflict ; 1994 Statute of International Criminal Tribunal for Rwanda: Extracts ; 1994 UN Convention on the Safety of United Nations and Associated Personnel ; 1996 Advisory Opinion of the International Court of Justice on the Legality of the Threat or Use of Nuclear Weapons: Extract ; 1997 Ottawa Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction ; 1998 Rome Statute of the International Criminal Court: Extracts ; 1999 Second Hague Protocol for the Protection of Cultural Property in the Event of Armed Conflict ; 1999 UN Secretary-General's Bulletin on Observance by UN Forces of International Humanitarian Law ; Appendix I : Emblems and Signs ; Appendix II : Electronic Media ; Select Bibliography on the Laws of War ; Index

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Book SynopsisAlthough the relationship between international human rights law and the law of armed conflict has been the subject of significant recent academic discussion, there remains a lack of comprehensive guidance in identifying the law applicable to specific situations faced by military forces.Providing guidance for armed forces and practitioners on the detailed application of international human rights law during armed conflict, this book fills that gap. Part 1 of the volume details foundational information relating to international human rights law and human rights institutions, the types of operations that States'' armed forces engage in, and how the law of armed conflict and international human rights law apply to regulate different situations. Part 2 provides practical guidance as to the legal regulation of specific situations, including discussion of the conduct of hostilities, detention operations, humanitarian assistance, cyber operations, and investigations.This book is the result of an in-depth process involving both academic and practitioner experts in the law of armed conflict and international human rights law who were convened in meetings at Chatham House chaired by Elizabeth Wilmshurst, Distinguished Fellow at Chatham House. The group included Professor Francoise Hampson, Essex University; Professor Dapo Akande, Oxford University; Charles Garraway, Fellow at Essex University; Professor Noam Lubell, Essex University; Michael Meyer, British Red Cross; and Daragh Murray, Lecturer at Essex University.Table of ContentsFOREWORD; INTRODUCTION; PART I; PART II

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Book SynopsisThis monograph examines and analyses the phenomenon of non-binding instruments (also known as 'soft law') in the law of armed conflict, or international humanitarian law. It covers the benefits and drawbacks for States and non-States actors as well as their effectiveness and development in the context of armed conflict.

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Book SynopsisOn a global scale, the central tool for responding to complex security challenges is public international law. This handbook provides a comprehensive and systematic overview of the relationship between international law and global security.Table of ContentsRobin Geiß and Nils Melzer: Introduction Part I. International Law and Global Security 1: Nigel White and Auden Davies-Bright: The Concept of Security in International Law 2: Hitoshi Nasu: The Global Security Agenda: Securitization of Everything? 3: Ursula Schroeder: The Transformation of Security Concepts: Beyond the State 4: Tilmann Altwicker: Transnationalization of Security 5: Gina Heathcote: Gendered Security 6: Peter Hough: Accidently Insecure 7: Nayef Al-Rodhan and Ioana-Maria Puscas: Global Security and Neurophilosophy: Understanding the Human Factor Part II. Predominant Security Challenges and International Law National and Transnational Security 8: Cecily Rose: Corruption and Global Security 9: Christian Henderson: Internal Strife and Insurgency 10: Rob McLaughlin: International Law and State Failure 11: Helen Duffy and Larissa van den Herik: Terrorism and the Security Council 12: Pierre Hauck and Sven Peterke: Transnational Organized Crime International Security 13: Claus Kreß: Aggression 14: Jakob Kellenberger: Armed Conflicts, International Law and Global Security 15: Christopher J Borgen: Contested Territory 16: Douglas Guilfoyle: Maritime Security 17: Mirko Sossai: International Disarmament and Arms Control: In the Middle of a Paradigm Shift? 18: Masahiko Asada: Nuclear Non-Proliferation and Disarmament under International Law Human Security 19: Adama Dieng: Atrocity Crimes and Large-Scale Human Rights Violations 20: Cordula Droege and Helen Durham: Civilian Protection in Armed Conflict 21: Vladislava Stoyanova: Human Trafficking and Slavery 22: Natasa Mavronicola: Institutionalized Inhumanity: From Torture to Assassination 23: Ben Saul: Migration, Displacement, Security and International Law 24: Markos Karavias: States and Non-State Actors and Human Security Economic and Resource Security 25: Tibisay Morgandi and Jorge E Viñuales: Energy Security in International Law 26: Jasper Finke: Financial Crises 27: Hilal Elver: Food Security 28: Emanuela-Chiara Gillard and Nathalie Weizmann: Humanitarian Relief in Situations of Armed Conflict 29: Pierre Thielbörger: Water Security Environmental Security 30: Joyeeta Gupta and Hilmer Bosch: Climate Change and Security 31: Arnold N Pronto: International Disaster Law 32: J Benton Heath: Pandemics and Other Health Emergencies 33: Gus Waschefort: Wild Fauna and Flora Protection Technological Security 34: Martina Kunz and Seán Ó hÉigeartaigh: Artificial Intelligence and Robotization 35: James Revill and Anna Roessing: Biosecurity 36: Michael N Schmitt: Cybersecurity and International Law 37: Steven Freeland and Elise Gruttner: Outer Space Security Part III. Security Governance Tools 38: Théodore Christakis and Katia Bouslimani: National Security, Surveillance and Human Rights 39: Kimberley Trapp and Priya Urs: Peace Diplomacy and Conflict Prevention 40: Christian Tams: International Courts and Tribunals and Violent Conflict 41: Fausto Pocar: Criminal Prosecution 42: Antonios Tzanakopoulos: We Who Are Not as Others: Sanctions and (Global) Security Governance 43: Benjamin F Kusi: United Nations Peacekeeping: A View from the Ground 44: Simon Chesterman: Responsibility to Protect and Humanitarian Intervention: From Apology to Utopia and Back Again 45: Elizabeth Wilmshurst: The Use of Force Part IV. Power Politics, International Law and Global Security 46: Congyan Cai: China 47: Eleni Methymaki and Asli Ozcelik: Europe 48: Alejandro Rodiles: The Global South and the Law and Governance of Global Security: Towards a Scholarship on the Global Ecology of Insecurities 49: B.S. Chimni: India 50: Bakhtiyar Tuzmukhamedov: The Russian Federation 51: Malcolm Jorgensen: The United States Part V. Global and Regional Security Mechanisms 52: Diane A Desierto: The Association of Southeast Asian Nations and Southeast Asia's Regional Security 53: Jerusha Asin Owino: The African Union: Security Governance under the African Peace and Security Architecture 54: Eva Nanopoulos: The European Union 55: Sabine Gless and Helge Elisabeth Zeitler: The International Criminal Police Organization 56: Christina Binder: Non-Governmental Organizations: Their Relevance and Impact in the International Law of Global Security 57: Steven Hill: The North Atlantic Treaty Organization 58: Thomas Greminger: The Organization for Security and Co-operation in Europe 59: Adam Day and David M Malone: The Role of the United Nations in Shaping Global Security Law

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Book SynopsisFrom videos of rights violations, to satellite images of environmental degradation, to eyewitness accounts disseminated on social media, human rights practitioners have access to more data today than ever before. To say that mobile technologies, social media, and increased connectivity are having a significant impact on human rights practice would be an understatement. Modern technology - and the enhanced access it provides to information about abuse - has the potential to revolutionise human rights reporting and documentation, as well as the pursuit of legal accountability.However, these new methods for information gathering and dissemination have also created significant challenges for investigators and researchers. For example, videos and photographs depicting alleged human rights violations or war crimes are often captured on the mobile phones of victims or political sympathisers. The capture and dissemination of content often happens haphazardly, and for a variety of motivations, including raising awareness of the plight of those who have been most affected, or for advocacy purposes with the goal of mobilising international public opinion. For this content to be of use to investigators it must be discovered, verified, and authenticated. Discovery, verification, and authentication have, therefore, become critical skills for human rights organisations and human rights lawyers.This book is the first to cover the history, ethics, methods, and best-practice associated with open source research. It is intended to equip the next generation of lawyers, journalists, sociologists, data scientists, other human rights activists, and researchers with the cutting-edge skills needed to work in an increasingly digitized, and information-saturated environment.Trade ReviewIn this compelling volume, beautifully edited by Sam Dubberley, Alexa Koenig, and Daragh Murray - and featuring the contributions of leading scholars, experts, journalists and lawyers - the role technology can now play in sharpening our investigations into gross human rights abuses is examined in commendable detail. The contributors to Digital Witness have, much to their credit, analyzed meticulously all significant and relevant angles. It is a volume that will fast become the standard text for anyone interested in human rights, the collection of evidence in the digital age, and the prosecution of those who perpetrate gross human rights violations. * Prince Zeid Raad Al Hussein, UN High Commissioner for Human Rights (2014-2018) *Digital Witness demonstrates, as no other volume has done, how the digital age has opened up vast new opportunities for accountability. It shows how journalists and human rights researchers are solving mysteries that once seemed unsolvable, from responsibility for terrorism to the identity of perpetrators and victims of international crimes. Fact-finders no longer only travel to the front-lines of battle or trudge through dusty archives; they can learn, verify, preserve and explain using openly available digital tools. With expert input from around the world, Digital Witness is bound to become a key source for open source investigators -- and for students and professionals aiming to make visible what previously has only been hidden. * David Kaye, United Nations Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression *Digital Witness is an essential piece of guidance/reading, as it captures what anyone who believes in the truth as a tool for justice, must know. In a world rife with disinformation and overwhelmed with large volumes of videos documenting human rights abuses, this book pragmatically and effectively provides us with roadmap to make it possible for a "cameras everywhere" world to lead to/become a just world. For anyone who is a civic witness, an investigator, an activist, or a lawyer, or an ordinary person who has ever seen or shared an eye witness account capturing a human rights abuse, Digital Witness is essential reading. What the authors have done is make us understand the very concrete ways that open source information can deliver justice - it is both an essential roadmap and a much needed guide. So that, when the world witnesses human rights crimes, the promise of technology in service of human rights, can be realized. * Yvette Alberdingk Thijm, Executive Director of WITNESS *The acceleration of armed conflict has also amplified the information it generates. […] in near real time, as events unfold and on the terms of those producing them. This creates and embroils them in a secondary conflict […]. When attempting to analyse and investigate events, noise, propaganda, disinformation and bias get dangerously entangled with valuable first-hand testimonies. Human rights investigators and conflict monitors must therefore match the speed of contemporary conflict and the agility of information technologies. They can no longer afford to only engage with the gathering of testimonies well after the fact, but must develop skills in real time analysis […]. How great it is, then, that the editors of this book have gathered a group of pioneering practitioners and scholars, to produce what is a guide book for both activists and investigators and for all students of our saturated visual cultures. * Eyal Weizman, Director of Forensic Architecture *Table of ContentsAryeh Neier: Foreword Section One Sam Dubberley, Alexa Koenig, Daragh Murray: Introduction 1: Christoph Koettl, Daragh Murray, Sam Dubberley: The History of the Use of Open Source Investigation for Human Rights Reporting 2: Alexa Koenig: The History of Open Source Investigations for Legal Accountability 3: Lindsay Freeman: Prosecuting Grave International Crimes Using Open Source Evidence: Lessons from the International Criminal Court 4: Ella McPherson, Isabel Guenette Thornton, Matt Mahmoudi: Open Source Investigations and the Technology-Driven Knowledge Controversy in Human Rights Fact-Finding 5: Scott Edwards: Open Source Investigations for Human Rights: Current and Future Challenges Section Two 6: Paul Myers: How to Conduct Discovery Using Open Source Methods 7: Yvonne Ng: How to Effectively Preserve Open Source Information 8: Jeff Deutsch and Niko Para: Targeted Mass Archiving of Open Source Information: A Case Study 9: Aric Toler: How to Verify User-Generated Content 10: Micah Farfour: The Role and Use of Satellite Imagery in Open Source Investigations Section Three 11: Zara Rahman and Gabriela Ivens: Ethics in Open Source Investigations 12: Sam Dubberley, Margaret Satterthwaite, Sarah Knuckey, Adam Brown: Open Source Investigations: Vicarious Trauma, PTSD, and Tactics for Resilience 13: Joseph Guay, Lisa Rudnick: Open Source Investigations: Understanding Digital Threats, Risks, and Harms Section Four 14: Fred Abrahams, Daragh Murray: Open Source Information: Part of the Puzzle 15: Alexa Koenig, Lindsay Freeman: Open Source Investigations for Legal Accountability: Challenges and Best Practices

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Book SynopsisThe Handbook of International Humanitarian Law sets out a black letter text of international humanitarian law accompanied by case analysis and extensive explanatory commentary by a team of distinguished and internationally renowned experts. This is the fourth edition of this influential and comprehensive handbook. It has been extensively updated and revised, taking into account recent legal developments, such as the 2017 Nuclear Weapons Prohibition Treaty, as well as the ongoing debate on many old and new issues. Areas covered by the book include the notion of direct participation in hostilities; air and missile warfare; military operations in outer space; military cyber operations; belligerent occupation; operational detention; and the protection of the environment in relation to armed conflict. The continuing need to consider borderline issues of the law of armed conflict as well as the interplay of international humanitarian law, human rights law, and other branches of international law is highlighted. This Handbook provides an in-depth understanding of the development and current problems of the law of armed conflicts. It considers legal and policy issues both from the views of academics and military and diplomatic practitioners. Finally - and most importantly - it offers a complete account of activities that should be taken to improve the implementation and enforcement of international humanitarian law.Table of Contents1: Dieter Fleck: Introduction 2: Mary Ellen O'Connell: Historical Developments and Legal Basis 3: Jann K. Kleffner: Scope of Application of International Humanitarian Law 4: Nobuo Hayashi: General Principles of International Humanitarian Law 5: Knut Ipsen: Combatants and Non-Combatants 6: Marco Longobardo and Dieter Fleck: Means of Combat 7: Stefan Oeter: Methods of Combat 8: Knut Dörmann: Protection of Civilians 9: Knut Dörmann and Sylvain Vité: Occupation 10: Michael Bothe: Protection of the Environment in Relation to Armed Conflicts 11: Knut Dörmann and Tristan Ferraro: Humanitarian Assistance 12: Jann K. Kleffner with Wolff Heintschel von Heinegg: Protection of the Wounded, Sick, and Shipwrecked 13: Sandra Krähenmann: Protection of Prisoners in Armed Conflict 14: Jann K. Kleffner: Human Rights in Armed Conflct 15: Nilendra Kumar: Protection of Religious Personnel 16: Roger O'Keefe: Protection of Cultural Property 17: Wolff Heintschel von Heinegg: The Law of Armed Conflict at Sea 18: Michael Bothe: The Law of Neutrality 19: Dieter Fleck: The Law of Non-International Armed Conflict 20: Ben F. Klappe: The Law of International Peace Operations 21: Silja Vöneky: Implementation and Enforcement of International Humanitarian Law Annex: Distinctive Emblems

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Book SynopsisIn international law, as in any other legal system, respect and protection of human rights can be guaranteed only by the availability of effective judicial remedies. When a right is violated or damage is caused, access to justice is of fundamental importance for the injured individual and it is an essential component of the rule of law. Yet, access to justice as a human right remains problematic in international law. First, because individual access to international justice remains exceptional and based on specific treaty arrangements, rather than on general principles of international law; second, because even when such right is guaranteed as a matter of treaty obligation, other norms or doctrines of international law may effectively impede its exercise, as in the case of sovereign immunity or non reviewability of UN Security Council measures directly affecting individuals. Further, even access to domestic legal remedies is suffering because of the constraints put by security threats,Table of Contents1. The Rights of Access to Justice under Customary International Law ; 2. The Individual Right of Access to Justice in Times of Crisis: Emergencies, Armed Conflict, and Terrorism ; 3. Access to Justice and Compensation for Violations of the Law of War ; 4. Access to Justice before International Human Rights Bodies: Reflections on the Practice of the UN Human Rights Committee and the European Court of Human Rights ; 5. Access to Environmental Justice ; 6. Access to Justice in European Comparative Law ; 7. Access to Justice for Victims of Torture

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Book SynopsisIn international law, as in any other legal system, respect and protection of human rights can be guaranteed only by the availability of effective judicial remedies. When a right is violated or damage is caused, access to justice is of fundamental importance for the injured individual and it is an essential component of the rule of law. Yet, access to justice as a human right remains problematic in international law. First, because individual access to international justice remains exceptional and based on specific treaty arrangements, rather than on general principles of international law; second, because even when such right is guaranteed as a matter of treaty obligation, other norms or doctrines of international law may effectively impede its exercise, as in the case of sovereign immunity or non reviewability of UN Security Council measures directly affecting individuals. Further, even access to domestic legal remedies is suffering because of the constraints put by security threats,Table of Contents1. The Rights of Access to Justice under Customary International Law ; 2. The Individual Right of Access to Justice in Times of Crisis: Emergencies, Armed Conflict, and Terrorism ; 3. Access to Justice and Compensation for Violations of the Law of War ; 4. Access to Justice before International Human Rights Bodies: Reflections on the Practice of the UN Human Rights Committee and the European Court of Human Rights ; 5. Access to Environmental Justice ; 6. Access to Justice in European Comparative Law ; 7. Access to Justice for Victims of Torture

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Book SynopsisThe Oxford Companion to International Criminal Justice is the first major reference work to provide a complete overview of international criminal law. It offers a comprehensive survey of the issues surrounding international humanitarian law and human rights through a range of entries by the leading minds in the area.Trade ReviewA significant work which treats its subject both broadly and in depth in an accessible manner...With analysis and commentary on every aspect of international criminal justice, this Companion is designed to be an entry point for scholars, practitioners, and others interested in current developments in international justice. * David Badertscher, New York Law Librarian *The Companion offers a unique and comprehensive explanation and analysis of the most important issues in international criminal law. Although such a book has been long awaited by scholars and practitioners, it can be noted that it was worth waiting for... * Jernej Cernic, International Law Observer.eu *The strength of this book lies in the various professional backgrounds of its contributors, some of them being practitioners working in international tribunals...The book addresses intricate issues of international criminal justice in a manner that is also accessible to persons who are not familiar with criminal law. It is thus designed, not only to be a good doctrinal and practical support for both international scholars and criminal lawyers, but also to be used by anyone interested in current developments in international criminal law. A great read! * Elise Hansbury, Journal de TRIAL n19, july 2009 *Twelve hundred pages long, written by 132 authors, and comprising 21 essays, 300 encyclopedia entries, and more than 330 case synopses, the book is, quite simply, the most ambitious edited work in the history of international criminal law (ICL). Fortunately it is also the best. * Kevin Jon Heller, Melbourne Law School, The American Journal Of International Law vol 104 *Table of ContentsPART A: MAJOR PROBLEMS OF INTERNATIONAL CRIMINAL JUSTICE ; I. HOW TO FACE INTERNATIONAL CRIMES ; Collective Violence and International Crimes ; State Responsibility and Criminal Liability of Individuals ; Alternatives to International Criminal Justice ; II. FUNDAMENTALS OF INTERNATIONAL CRIMINAL LAW ; Sources of International Criminal Law ; General Principles of International Criminal Law ; International Criminalization of Prohibited Conduct ; Gender-related Violence and International Criminal Law and Justice ; Modes of International Criminal Liability ; III. THE INTERPLAY OF INTERNATIONAL CRIMINAL LAW AND OTHER BODIES OF LAW ; Comparative Criminal Law as a Necessary Tool for the Application of International Criminal Law ; The Influence of the Common Law and Civil Law Traditions on International Criminal Law ; Humanitarian Law and International Criminal Law ; IV. INTERNATIONAL CRIMINAL TRIALS ; The Rationale for International Criminal Justice ; International Criminal Justice in Historical Perspective: The Tension Between States' Interests and the Pursuit of International Justice ; The International Criminal Court as a Turning Point in the History of International Criminal Justice ; The International Criminal Court and Third States ; Politics and Justice: The Role of the Security Council ; Problematical Features of International Criminal Procedure ; Cooperation of States with International Criminal Tribunals ; Means of Gathering Evidence and Arresting Suspects in Situations of States' failure to Cooperate ; International v. National Prosecution of International Crimes ; Judicial Activism v. Judicial Restraint in International Criminal Law ; PART B: ISSUES, INSTITUTIONS AND PERSONALITIES ; PART C: CASES

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Book SynopsisTrusteeship and the civilizing mission never ended with the self-determination entitlement that led to decolonization: international organizations took on this role in the post-colonial era, internationalizing trusteeship and re-legitimizing it as a feature of international policy. Through analysis of the history of and purposes associated with the involvement of international organizations in territorial administration, a comparison between this activity and colonial trusteeship, occupation, the Mandate and Trusteeship arrangements, and an exploration of the modern ideas of international law and public policy that underpin and legitimize contemporary interventions, this book relates a new history of the concept of international trusteeship. From British colonialist Lord Lugard''s dual mandate to the state building agenda of the then High Representative in Bosnia and Herzegovina, Lord Ashdown, wide-ranging links between the complex peace operations of today and the civilizing mission of the colonial era are established, offering a historical, political and legal framework within which the legitimacy of and challenges faced by complex interventions can be appraised. This new history of international trusteeship raises important questions about the role of international law and organizations in facilitating relations of domination and tutelage, and suggests that the contemporary significance of the self-determination entitlement needs to be re-evaluated.Trade Review...this book is a wonderful contribution to an underexplored area of international law. The book carefully chronicles the history of the concept of international trusteeship, and provides a political and legal framework by which to appraise the legitimacy of these interventions. The book presents an impressive blend of comprehensive empirical research and insightful incorporation of legal theory. The book is extremely well-written, utilizing precise yet accessible language. This book promises to be a tremendous resource for both newcomers and experts in the field. * ASIL Book Prize Committee 2009 *Although the sweep of the activity under evaluation is very broad, Wilde does immense justice to it. Wilde's book is an elegant, provocative, and highly inspiring work. It is a major scholarly contribution to the fields of history, international law, and international relations...a must read. * Vijayashri Sripati, Human Rights Quarterly *Dr. Wilde's review of the nature and purposes of international territorial administration is definitely a must read. * NATO Legal Gazette *The book's nine chapters are divided in to numbered subsections. This convenient approach facilitates ease of access to content, and convenient cross-referencing, for the many users likely to rely on Professor Wilde's well-written and documented discourse...Wilde has masterfully penned a rather disquieting account of the ITA device. It has arguably failed to merge word and deed, in terms of the equality guaranteed all nations under applicable UN Charter principles. The publication of his riveting discourse focuses on the downside risk of quick-fix approaches to managing the complexities of the governed entity. * William Slomanson *Wilde's book manages to do two things excellently, when even doing an excellent job at one would be notable...On one hand his book presents a careful theoretical expositition of his proposition, that international administration has become not only an international institution but one with continuing, unified policy objectives. It's a syndrome, a chronic condition or effort that has developed over decades, not an ad hoc, disunited band aid policy as it is presented. His case is clear and his presentation balanced and careful. On the other hand the book is a thorough empirical study of a) the universe of cases! b) over time! To document this condition as well as assess and qualify his thesis. There are great books on theory and great empirical books but when they are combined, one side almost always dominates. Wilde's book doesn't have that sort of imbalance, and the two sides complement rather than undermine each other. * Cheryl Shanks *... an admirably thorough analysis of ITA, which takes account of all the major scholarship on the subject, together with a highly original though not entirely uncontentious interpretation of this intriguing historical phenomenonit endeavours-and succeeds-in shifting our perspective on a familiar topic. It is an important book that deserves wide readership * Richard Caplan, University of Oxford, The British Yearbook of International Law, issue 79 *Wilde's focus on the broader issues relating to international territorial administration gives a young field a great deal of depth. His thought-provoking work, which identifies ITA as a policy institution and argues that it is part of a broader family of 'foreign territorial administration' (including colonialism), incites refelection and discourages lawyers from having a purely technocratic approach to what can be a highly technical field of law. * Lindsey Cameron, Research assistant and PhD Candidate, University of Geneva, and Rebecca Everly, PhD, currently a visiting scholar at Jawaharlal Nehru University, New Delhi, India, Global Law Books *Wilde's account offers valuable insights into the nature of international territorial administration. * Anne Orford, University Of Melbourne, ICLQ Vol 59 *Wilde argues that his aim is not to discern the 'real' reasons for the projects that he considers, but 'to identify a justificatory framework to explain how the projects are understood in international policy discourse'(p.39). This broadly constructivist approach is pursued in refreshingly clear language * Simon Chesterman, National University of Singapore, Leiden Journal of International Law, 23 *Table of Contents1. A New Field of Analysis ; 2. The Institution of International Territorial Administration ; 3. The Idea of International Territorial Sovereignty ; 4. Host Territories - States and State Territories ; 5. Host Territories - Self-Determination Units ; 6. Establishing the Policy Institution: Purposive Analysis ; 7. Implementing International Law and Policy ; 8. Colonialism and Trusteeship Redux? Imperial Connections, Historical Evolution, and Legitimation in the 'Post-Colonial' Era ; 9. Analysing International Territorial Administration

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Book SynopsisThe Asylum and Immigration (Treatment of Claimants etc) Act 2004 substantially revised the immigration appeal system, with the previous two-tier system being fused into the new Asylum and Immigration Tribunal. Where a party wishes to challenge a decision of the Tribunal, they must show it has made an ''error of law'' in order to access a new review procedure. Subsequent appeal rights to the Court of Appeal are dependent on the exhaustion of these new remedies. The complexity of the legislation, and the strict new time limits, can present practitioners with real practical challenges.This new handbook applies substantive asylum and human rights law to the difficult practical problems encountered by practitioners in the wake of the new legislation. Key areas covered include challenges to credibility and document authenticity, disputed nationality cases, Article 3 cases based on medical grounds, and certified cases. The text covers all relevant law, practice, and procedure in a user-friendTable of Contents1. Introduction ; 2. Asylum ; History of the Refugee Convention ; Implementation of Convention in UK law ; Article 1A(2) - introduction ; Well-founded fear of persecution ; Persecution ; Causation 'for reasons of' ; 'Convention reason' ; Internal relocation ; Article 1C - cessation ; Article 1D - UNRWA ; Article 1F - exclusion of undeserving individuals ; Practice and Procedure note ; 3. Article 3 of the European Convention on Human Rights ; Application of the Convention by the domestic courts and the use of Stasbourg jurisprudence ; Article 3 and the Burden and Standard of Proof ; Inhuman and degrading treatment and punishment ; Torture ; Spectrum of Article 3 cases and the scope for state action ; State protection and non-state actors ; Medical conditions and insufficiency of treatment ; Suicide risk ; Destitution/ refusal of asylum support ; Dispersal ; Practice and Procedure Note ; Practice and Procedure Note ; 4. Article 8 of the European Convention on Human Rights ; Rights protected ; Burden and standard of proof ; Appeals ; Practice and Procedure Note ; Practice and Procedure Note ; 5. Other Human Rights Articles potentially applicable in the asylum and human rights context ; Introduction ; Article 2 ; Article 4 ; Article 5 ; Article 6 ; Article 7 ; Article 9 ; Article 10 ; Article 12 & 14 ; Article 8 & 14 ; Practice and Procedure Note ; 6. Rights of Appeal ; Old Rights of Appeal ; The Current Appeals System ; Rights of Appeal ; Grounds of Appeal ; Exceptions and Limitations ; In country and out of country appeal rights ; The one-stop procedure ; Suspensory effect of pending appeals ; Jurisdiction - powers of the Tribunal ; Appeals from the Asylum and Immigration Tribunal ; Practice and Procedure Note ; 7. Certification and Removal ; Third country certification - Dublin Convention and safe third country certification ; Third country certification ; Dublin convention certification ; Clearly unfounded certification - section 94, 2002 Act ; Earlier right of appeal certification - section 96 Nationality, Immigration and Asylum Act 2002 ; National security - section 97 Nationality, Immigration and Asylum Act 2002 ; Grounds of public good - s98 ; Certification under the 2006 Act - Refugee Convention Certification - s55 ; Fresh claims and further representations ; Removal cases - injunctions and emergency injunctions ; Practice and Procedure Note ; 8. Detention and Bail ; Introduction ; Powers to detain ; Bail ; Temporary Admission ; Fast-tracking ; Practice and Procedure Note ; Practice and Procedure Note ; 9. Future Reforms

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Book SynopsisTrusteeship and the civilizing mission in international relations did not end with the emergence of the self-determination entitlement that led to decolonization in the second half of the 20th century. International organizations, whose modern form emerged during the height of colonialism, took on the ''civilizing'' role in the ''post-colonial'' era, internationalizing trusteeship and re-legitimizing it as a feature of international public policy into the bargain. Through analysis of the history of and purposes associated with the involvement of international organizations in territorial administration, such as the UN missions in Kosovo and East Timor, a comparison between this activity and colonial trusteeship, the Mandate and Trusteeship arrangements, and an exploration of the modern ideas of international law and public policy that underpin and legitimize contemporary interventions, this book relates a new history of the concept of international trusteeship.From British colonialist Lord Lugard''s ''dual mandate'' to the ''state-building'' agenda of the High Representative in Bosnia and Herzegovina, Lord Ashdown, wide-ranging links between the complex peace operations of today and the civilizing mission of the colonial era are established, offering a historical, political, and legal framework within which the legitimacy of, and challenges faced by, complex interventions can be appraised. This new history of international trusteeship raises important questions about the role of international law and organizations in facilitating relations of dominations and tutelage, and suggests that the contemporary significance of the self-determination entitlement needs to be re-evaluated.Trade Review'Dr. Wilde's review of the nature and purposes of international territorial administration is definitely a must read. Dr. Wilde has carried out extensive and well documented analysis of this mechanism demonstrating his deep knowledge of international territorial administration projects. The link made between international territorial administration projects and other institutions of international law which are now seen as illegitimate (e.g. colonialism) raises very interesting and important questions about the legitimacy of contemporary international territorial administration projects. This is definitely an element to be considered to ensure that this practice remains acceptable to the international community. * Vincent Roobaert, NATO Legal Gazette *... an admirably thorough analysis of ITA, which takes account of all the major scholarship on the subject, together with a highly original though not entirely uncontentious interpretation of this intriguing historical phenomenonit endeavours-and succeeds-in shifting our perspective on a familiar topic. It is an important book that deserves wide readership. * Richard Caplan, University of Oxford, The British Yearbook of International Law, issue 79 *Table of Contents1. A New Field of Analysis ; 2. The Institution of International Territorial Administration ; 3. The Idea of International Territorial Sovereignty ; 4. Host Territories - States and State Territories ; 5. Host Territories - Self-Determination Units ; 6. Establishing the Policy Institution: Purposive Analysis ; 7. Implementing International Law and Policy ; 8. Colonialism and Trusteeship Redux? Imperial Connections, Historical Evolution, and Legitimation in the 'Post-Colonial' Era ; 9. Analysing International Territorial Administration

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Book SynopsisThis third edition of Human Rights: Between Idealism and Realism presents human rights in action, focusing on their effectiveness as legal tools designed to benefit human beings. By combining conceptual analysis with an emphasis on procedures and mechanisms of implementation, this volume provides a multidimensional overview of human rights. After examining briefly the history of human rights, the author analyses the intellectual framework that forms the basis of their legitimacy. In particular, he covers the concept of universality and the widely used model that classifies human rights into clusters of different ''generations''. In this edition, the author brings together the fundamental aspects of human rights law, addressing human dignity as the ethical foundation of human rights, the principle of equality and non-discrimination as the essence of any culture of human rights, the protections against racial discrimination and discrimination against women, and assesses the individual asTrade ReviewThis excellent book gives a profound account of the status quo of international human rights law. It fills a gap in the literature on human rights that is largely substance but not implementation oriented. It will of great value to students, but also to anyone interested in learning more about the functioning of human rights regimes... [It] is a comprehensive cutting-edge overview of human rights practise. * Jannika Jahn, The Journal of Comparative Public Law and International Law (ZaöRV) *Review from previous edition A good book... well organized and clearly written, and includes a wealth of important information (and citations). It will be particularly helpful for courses that want to place emphasis on human rights practice. It is also a healthy reminder of the fact that, despite the many setbacks, the human rights discourse is here to stay. * George Andreopoulos, Political Science Quarterly *In Human Rights: Between Realism and Idealism Christian Tomuschat fulfills his title's promise. His account of the place of human rights in domestic legal systems, and the international legal order is lucid and thorough, and it offers few concessions either to cynically inclined realists or to starry-eyed idealists... Tomuschat has written a book that will be of great use to readers of any jurisprudential bent. Human Rights offers an erudite and admirably well-organized overview of the network of formal legal rules and institutions that support human rights. * Rosa Brooks, American Journal of International Law *Table of ContentsIntroduction ; 1. The General Framework of Human Rights ; 2. History of Human Rights ; 3. Universality of Human Rights ; 4. The Different 'Generations' of Human Rights: From Human Rights to Good Governance ; 5. Implementation at National Level ; 6. The Work of the Political Bodies of International Organizations ; 7. The Work of Expert Bodies: Examination of State Reports ; 8. The Work of Expert Bodies: Complaint Procedures and Fact-finding ; 9. Supervision by International Tribunals ; 10. Enforcement by States and the Role of Non-Governmental Organizations ; 11. Mitigating the Effects of Armed Conflict: Humanitarian Law ; 12. Criminal Prosecution of Human Rights Violations ; 13. Civil Suits against Human Rights Violators ; 14. Time for Hope, or Time for Despair?

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Book SynopsisExamining the moral, ethical, legal, and political issues surrounding the Allied prosecution project, from the first investigations during the war to the final release of prisoners in 1958, Japanese War Criminals shows how a simple effort to punish the guilty evolved into a struggle that muddied the assignment of responsibility for war crimes.Trade ReviewThis exemplary work of collaborative scholarship represents a genuine breakthrough in our understanding of the processes behind, and consequences of, Allied efforts to prosecute Japanese war crimes in the aftermath of the Second World War. Drawing on archival sources gathered from all corners of the globe, it not only provides an impressive overview of the thousands of individual trials conducted by the Allies across the Asia-Pacific region, but also details the complex tangle of considerations that resulted in the release of all remaining prisoners by the end of 1958. Rejecting the simple opposition between politics and justice that has so often been used to frame discussions of the trials, it instead offers a deeply compelling account of the moral, legal and practical dilemmas that haunt every episode in this profoundly important history. -- Daniel Botsman, Yale University I cannot think of a similar work with such a broad scope...This book is a product of an enormous, novel, research effort and it shows. The authors illustrate the development of an Inter-Allied system of legal assistance for purposes ranging from the transfer of evidence to suspects and prisoners developed from 1946 and which worked until 1959. It makes for a fascinating account of international cooperation. -- Neil Boister, University of Waikato The Allied authorities meted out retributive justice to thousands of Japanese war criminals in the immediate aftermath of World War II. However, "the sentences were only the start of a new phase in applying justice to war criminals," so this book warns us, and compels us to consider the implications of the complex interplay of domestic politics and diplomacy that led to the eventual release of all convicted war criminals -- Yuma Totani, University of HawaiiTable of ContentsAcknowledgments Note on Names, Spelling, and Terminology List of Abbreviations Introduction 1. Defining War Crimes and Creating Courts 2. Investigation and Arrest 3. In Court: Indictment, Trial, and Sentencing 4. Dilemmas of Detention and the First Misgivings 5. Shifting Mood, Shifting Location 6. Peace and Article 11 7. Japanese Pressure Mounts 8. Finding a Formula for Release 9. The Race to Clear Sugamo Conclusion Notes Bibliography Index

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Book SynopsisWho helps in situations of forced displacement? How and why do they get involved?In Helping Familiar Strangers, Louise Olliff focuses on one type of humanitarian group, refugee diaspora organizations (RDOs), to explore the complicated impulses, practices, and relationships between these activists and the familiar strangers they try to help. By documenting findings from ethnographic research and interviews with resettled and displaced persons, RDO representatives, and humanitarian professionals in Australia, Switzerland, Thailand, and Indonesia, Olliff reveals that former refugees are actively involved in helping people in situations of forced displacement and that individuals with lived experience of forced displacement have valuable knowledge, skills, and networks that can be drawn on in times of humanitarian crisis. We live in a world where humanitarians have varying motivations, capacities, and ways of helping those in need, and Helping Familiar Strangers confirms that RDOs and siTrade Review"Helping Familiar Strangers unravels the motivations and dynamics that inform acts of helping, with a specific focus on refugee diaspora humanitarianism. . . . Olliff's argument is convincing and well-grounded."—Antonio De Lauri, author of The Politics of HumanitarianismTable of ContentsPrefaceAcknowledgmentsIntroductionList of Abbreviations1. Humanitarianism and the international refugee regime2. The ecology of refugee diaspora humanitarianism3. Forces that compel4. Modalities: governance and economies5. Modalities: mobility, (in)visibility, knowledge, and networks6. Implications and imaginings7. Helping familiar strangersEpilogueAppendixBibliography

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Book SynopsisTrade Review"Helping Familiar Strangers unravels the motivations and dynamics that inform acts of helping, with a specific focus on refugee diaspora humanitarianism. . . . Olliff's argument is convincing and well-grounded."—Antonio De Lauri, author of The Politics of HumanitarianismTable of ContentsPrefaceAcknowledgmentsIntroductionList of Abbreviations1. Humanitarianism and the international refugee regime2. The ecology of refugee diaspora humanitarianism3. Forces that compel4. Modalities: governance and economies5. Modalities: mobility, (in)visibility, knowledge, and networks6. Implications and imaginings7. Helping familiar strangersEpilogueAppendixBibliography

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Book SynopsisWritten by leading practitioners associated with the International Criminal Tribunals, the book explains the tribunals' place in the international legal order and analyses their substantive and procedural law and practice from a critical perspective.Table of ContentsPART ONE. INTRODUCTION TO THE TRIBUNALS AND INTERNATIONAL CRIMINAL LAW; PART II. CRITICAL REVIEW OF THE SUBSTANTIVE LAW; PART III. PROCEDURE, EVIDENCE, AND DEFENCES; PART IV: TRIBUNAL-STATE INTERACTIONS: COORDINATION AND IMPACT

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Book SynopsisVolume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. Without ratifications of important treaties in this area, this is a publication of major importance, identifying the common core of international humanitarian law binding on all parties to armed conflicts.Trade Review'The study is beyond doubt impressive and the first, most wide-ranging word on this particular topic …' Leiden Journal of International LawTable of ContentsForeword by ICRC President Jakob Kellenberger; Foreword Judge Abdul G. Koroma; Foreword Yves Sandoz; Acknowledgements; Introduction; List of abbreviations; Part I. The Principle of Distinction: 1. Distinction between Civilians and Combatants (Rules 1–6); 2. Distinction between Civilian Objects and Military Objectives (Rules 7–10); 3. Indiscriminate attacks (Rules 11–13); 4. Proportionality in attack (Rule 14); 5. Precautions in attack (Rules 15–21); 6. Precautions against the effects of attacks (Rules 22–24); Part II. Specifically Protected Persons and Objects: 7. Medical and religious personnel and objects (Rules 25–30); 8. Humanitarian relief personnel and objects (Rules 31–32); 9. Personnel and objects Involved in a Peacekeeping Mission (Rule 33); 10. Journalists (Rule 34); 11. Protected zones (Rules 35–37); 12. Cultural property (Rules 38–41); 13. Works and Installations Containing Dangerous Forces (Rule 42); 14. The Natural Environment (Rules 43–45); Part III. Specific Methods of Warfare: 15. Denial of quarter (Rules 46–48); 16. Destruction and seizure of property (Rules 49–52); 17. Starvation and access to humanitarian relief (Rules 53–56); 18. Deception (Rules 57–65); 19. Communication with the enemy (Rules 66–69); Part IV. Weapons: 20. General principles on the use of weapons (Rules 70–71); 21. Poison (Rule 72); 22. Nuclear weapons; 23. Biological weapons (Rule 73); 24. Chemical weapons (Rules 74–76); 25. Expanding bullets (Rule 77); 26. Exploding bullets (Rule 78); 27. Weapons primarily Injuring by Non-detectable Fragments (Rule 79); 28. Booby-traps (Rule 80); 29. Landmines (Rules 81–83); 30. Incendiary weapons (Rules 84–85); 31. Blinding laser weapons (Rule 86); Part V. Treatment of Civilians and Persons Hors de Combat: 32. Fundamental guarantees (Rules 87–105); 33. Combatants and prisoner-of-war status (Rules 106–108); 34. The wounded, sick and shipwrecked (Rules 109–111); 35. The dead (Rules 112–116); 36. Missing persons (Rule 117); 37. Persons Deprived of Their Liberty (Rules 118–128); 38. Displacement and Displaced Persons (Rules 129–133); 39. Other Persons afforded specific protection (Rules 134–138); Part VI. Implementation: 40. Compliance with International Humanitarian Law (Rules 139–143); 41. Enforcement of International Humanitarian Law (Rules 144–148); 42. Responsibility and reparation (Rules 149–150); 43. Individual responsibility (Rules 151–155); 44. War crimes (Rules 156–161).

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Book SynopsisThe San Remo Manual is a contemporary restatement of the law applicable to armed conflicts at sea which has been drafted over a six-year period by an international group of specialists in international law, and naval experts convened by the International Institute of Humanitarian law. The accompanying explanation is written in the form of a commentary and indicates the sources used by the experts for each of the provisions of the Manual, and the discussion which led to their adoption. It is the first analysis of the law regulating armed conflict at sea which has been undertaken by an international group of experts since 1913. The work is based on treaty law of continuing validity and State practice, and takes into account developments in related areas of international law, in particular the effect of the United Nations Charter, the 1982 Law of the Sea Convention, air law, and environmental law.Table of ContentsThe Manual: Part I. General Provisions: 1. Scope of application of the law; 2. Armed conflicts and the law of self-defence; 3. Armed conflicts in which the Security Council has taken action; 4. Areas of naval warfare; 5. Definitions. Part II. Regions of Operations: 1. Internal waters, territorial sea and archipelagic waters; 2. International straits and archipelagic sea lanes; 3. Exclusive economic zone and continental shelf; 4. High seas and sea-bed beyond national jurisdiction; Part III. Basic Rules and Target Discrimination: 1. Basic rules; 2. Precautions in attack; 3. Enemy vessels and aircraft exempt from attack; 4. Other enemy vessels and aircraft; 5. Neutral merchant vessels and civil aircraft; 6. Precautions regarding civil aircraft; Part IV. Methods and Means of Warfare at Sea: 1. Means of warfare; 2. Methods of warfare; 3. Deception, ruses of war and perfidy; Part V. Measures Short of Attack: Interception, Visit, Search, Diversion, and Capture: 1. Determination of enemy character of vessels and aircraft; 2. Visit and search of merchant vessels; 3. Interception, visit and search of civil aircraft; 4. Capture of enemy vessels and goods; 5. Capture of enemy civil aircraft and goods; 6. Capture of neutral merchant vessels and goods; 7. Capture of neutral civil aircraft and goods; Part VI. Protected Persons, Medical Transports, and Medical Aircraft: General rules: 1. Protected persons; 2. Medical transports; 3. Medical aircraft; Annex. The Explanation: Follows exactly same headings as above.

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Book SynopsisThis volume of specially commissioned articles is devoted to a consideration of how the subject of human rights impacts on contemporary politics and on the discipline of political science.Table of ContentsIntroduction:. Human Rights in the Study of Politics D. Beetham (Leeds University). Human Rights and Political Theory:. 1. Human Rights in Political Theory: S Mendus (York University). 2. Are There Collective Human Rights?: M Freeman (Essex University). 3. What Future for Economic and Social Rights?: D. Beetham (Leeds University). Human Rights in a Global Context:. 4. State Sovereignty and Human Rights: Towards a Global Constitutional Project: A Rosas (Abo Akademi University). 5. Stock Taking on Human Rights: The World Conference on Human Rights, Vienna 1993: K Boyle (Essex University). 6. The Role and Limits of Human Rights NGOs at the United Nations: R Brett (Quaker United Nations Office). 7. Human Rights and US Foreign Policy: Two Levels, Two Worlds: D P Forsythe (Nebraska-Lincoln University). Regional Perspectives on Human Rights. 8. Human Rights and the New Europe: Experience and Experiment: H Storey (Leeds University). 9. Relativism and Universalism in Human Rights; The Case of the Islamic Middle East: F Halliday (London School of Economics & Political Science). 10. Human Rights in the Processes of Transition and Consolidation of Democracy in Latin America: F Panizza (Institute of Latin American Studies, London University). 11. Human Rights and Democratisation in Africa: S Kaballo (Sudan Human Rights Organisation). 12. Regime Security and Human Rights in Southeast Asia: K Christie (Natal University).

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Book SynopsisThe Rwandan Genocide was a genocidal mass slaughter of ethnic Tutsis by ethnic Hutus that took place in 1994. The author contends that the violation of the basic human rights of the Rwandan Tutsis morally obliged the international community to intervene militarily to stop the genocide.Table of ContentsIntroduction: Brief History and Overview; 1. The Rwandan Genocide; 2. My Project: The Failure of the International Community to Intervene in Rwanda; 3. Overview; 4. Conclusion; Part I - The Groundwork for a Moral Obligation of Humanitarian Intervention; 1. Making Conceptual Room: Responding to the Skeptic; 2. Making Conceptual Room: Responding to the Noninterventionist; 3. Methodology: Why a Standard of Reasonable Deniability; 4. Constitutive Elements of a Moral Obligation of Humanitarian Intervention; 5. Conclusion; Part II - Defending a Moral Obligation of Humanitarian Intervention; 1. Critical Assessment of Alternative Accounts; 2. The Basic Right to Physical Security: Explication and Analysis; 3. Charity or Justice; 4. Additional Considerations; 5. Conclusion: Statement and Application of Principle; Part III: The Normative Framework of International Relations; 1. The Normative Framework of International Relations, State Sovereignty, and the Right of Nonintervention; 2. Justifying the Right of Nonintervention; 3. Critically Assessing the Justificatory Arguments; 4. Reconstructing the Normative Framework: Lessons Learned; 5. Reasons in Support of a Presumption of Nonintervention; 6. Conclusion: Reconstruction of the Normative Framework; Part IV: Completing the Transition from Theory to Practice; 1. Explication of the Responsibility to Protect; 2. Critical Perspectives on the Responsibility to Protect; 3. Critically Assessing the ICISS Recommendations for Institutionalization; 4. Normative Guideposts for an Alternative Institutional Structure; 5. A Reformed Normative Framework; Conclusion: Application of the Reformed Normative Framework and Concluding Remarks.

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Book SynopsisAn introduction to the regulation of both conventional weapons and weapons of mass destruction in international disarmament law.Trade Review“This excellent book is a call for political action in order to start serious global negotiations to abolish nuclear weapons, thus preventing a nuclear catastrophe because of miscalculation or accidental use. This is a timely volume, considering that the nuclear weapon states are modernizing their nuclear arsenals, and there has been no progress in US-Russia nuclear arms control talks since the 2010 New START Treaty. This book is an indispensable source for scholars, policy makers, and non-governmental organizations working to advance America’s long-term commitment—announced in President Obama’s April 2009 Prague speech—to achieve the global abolition of nuclear weapons. This invaluable pedagogical tool is highly recommended for upper-division undergraduate and graduate courses in international organizations and international law.” CHOICE“In this up-to-date and accessible guide, Kierulf succinctly describes the development and implementation of and compliance with major international disarmament and arms control instruments, institutions, and legal norms. Kierulf’s volume is an excellent introduction to the “disarmament machinery” that was created to negotiate new instruments on weapons with adverse security and humanitarian impacts. The author bemoans the lack of progress toward new arms control and disarmament agreements and the erosion of some existing ones. He embeds each section with brief, practical commentary reflecting his experience as a policy practitioner. Disarmament Under International Law is an essential reference tool to navigate the world of international arms control.” Daryl G. Kimball, Arms Control Today"This book fills a crucial niche in the literature by covering, in an accessible manner, the principal disarmament, arms control, and non-proliferation agreements, and by providing useful recommendations for further development of the international legal framework in these areas. John Kierulf has done a great service in writing this book, which should make for educational and accessible reading for new diplomats, high school and college students, the media, and for the world's citizens who continue to live under the shadow of more than 15,000 nuclear weapons." International Journal"… a timely and thorough description of the international legal architecture on disarmament, arms control, and the nonproliferation of conventional and unconventional weapons. The book is an important contribution to the recent and current history of inte

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Book SynopsisIn a landmark process that transformed global reparations after the Holocaust, Germany created the largest sustained redress program in history, amounting to more than $60 billion. When human rights violations are presented primarily in material terms, acknowledging an indemnity claim becomes one way for a victim to be recognized. At the same time, indemnifications provoke a number of difficult questions about how suffering and loss can be measured: How much is an individual life worth? How much or what kind of violence merits compensation? What is financial pain, and what does it mean to monetize concentration camp survivor syndrome?Susan Slyomovics explores this and other compensation programs, both those past and those that might exist in the future, through the lens of anthropological and human rights discourse. How to account for variation in German reparations and French restitution directed solely at Algerian Jewry for Vichy-era losses? Do crimes of colonialism merit rTrade Review"How to Accept German Reparations is a fascinating read, with insights on reparations, mourning, and memory that far transcend the particular instance of the Holocaust. Anyone interested in these issues, no matter where they apply, should read this book." * Human Rights Quarterly *"[An] idiosyncratic, far-ranging, well written book. . . . This is several thoughtful books in one." * Lora Wildenthal, German History *"This remarkable book is a deeply anthropological study of a problem that reaches back into the author's own familial past and connects it with an astonishing but entirely persuasive array of themes, including agency, victimhood, nationalism, racism, and religion. Slyomovics's measured, graceful prose undoes the false simplicities of attributing right and wrong-locating the book securely at the heart of what social anthropology is all about." * Michael Herzfeld, Harvard University *

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Book SynopsisLaszlo Bardossy, the Hungarian prime minister who proclaimed war against the Soviet Union and was later executed as a war criminal, remains a controversial figure. Pal Pritz offers readers a rare, balanced interpretation of his life, along with documents from his postwar trial.

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Book SynopsisA new nuclear arms race is underway between Russia and the United States, one that focuses on the technology of delivery of nuclear warheads. This book describes how and why this race is happening, who still possesses nuclear weapons, and what constraints apply to those weapons under international law. A global nuclear ban treaty entered into force in January 2021, but the nuclear powers kept distant. The last remaining treaty restraining the arsenals of the two nuclear superpowers will expire in less than five years'' time and the risk is that other States will turn to nuclear arms for their defence, further fracturing the non-proliferation regime installed after the Cuban missile crisis.Table of ContentsCases and Materials; Introduction; 1. The development of nuclear weapons; 2. Use of nuclear weapons; 3. The treaty on the non-proliferation of nuclear weapons; 4. The testing of nuclear weapons; 5. Agreements between Russia and the United States; 6. Treaties prohibiting nuclear weapons; 7. Verification; 8. Use and testing of nuclear weapons under international law; Concluding remarks on the future of nuclear arms control and disarmament; Select bibliography.

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Book SynopsisThe 1948 Genocide Convention is a vital legal tool in the international campaign against impunity. Its provisions, including its enigmatic definition of the crime and its pledge both to punish and to prevent the ''crime of crimes'', have now been considered in important judgments by the International Court of Justice, the international criminal tribunals and domestic courts. Since the second edition appeared in 2009, there have been important new judgments as well as attempts to apply the concept of genocide to a range of conflicts. Attention is given to the concept of protected groups, to problems of criminal prosecution and to issues of international judicial cooperation, such as extradition. The duty to prevent genocide and its relationship with the doctrine of the ''responsibility to protect'' are also explored.

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Book SynopsisTrade Review‘Discrimination is both a root cause and a frequent consequence of armed conflict, and Dvaladze expertly examines the concepts and applicability of equality and non-discrimination protections in armed conflict from the lens of IHL and international human rights law. This book is a must-read for every IHL practitioner as it centralizes the protections of vulnerable populations at the heart of armed conflict!’ -- Christie J. Edwards, Head of Policy, Programmes and Legal, Geneva Call, Switzerland‘International humanitarian law (IHL) consists of plenty of distinctions. Many therefore thought that its prohibition of “adverse distinction” has a very different meaning than the human rights principle of non-discrimination. George Dvaladze proves to us that this is wrong and shows in detail when certain conduct in armed conflict, including in the conduct of hostilities, is actually discriminatory.’ -- Marco Sassòli, University of Geneva, SwitzerlandTable of ContentsContents: Introduction PART I GENERAL OVERVIEW OF IHL AND HUMAN RIGHTS GUARANTEES ON EQUALITY AND NON-DISCRIMINATION AND THEIR INTERPLAY 1 Overview of IHL guarantees on equality and non-discrimination 2 Overview of human rights guarantees on equality and non-discrimination and their applicability in armed conflict 3 Equality, adverse distinction and discrimination under IHL and human rights law PART II EQUALITY AND NON-DISCRIMINATION IN SPECIFC SITUATIONS 4 Adverse distinction in the treatment of persons in the power of a Party to an armed conflict 5 Adverse distinction in the conduct of hostilities General conclusion Bibliography Index

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Book SynopsisWhile military law is often narrowly understood and studied as the specific and specialist laws, processes and institutions governing service personnel, this accessible book takes a broader approach, examining military justice from a wider consideration of the rights and duties of government and soldiers engaged in military operations.Trade Review‘This detailed and comprehensive analysis of military justice is a brilliant addition to the lexicon of academic commentary on military justice. It provides a forensic examination of the relationship between soldier and state, and does not duck the difficult issues of dealing with “villains” who are perceived as “heroes” by politicians and the general public. It provides historical context while adding to the ongoing debate about the relevance of a separate system of justice in the modern era.’ -- Jeff Blackett, Judge Advocate General of HM Armed Forces 2004-2020‘This excellent book provides a concise and deeply nuanced assessment of an operationally vital, politically charged, and intensely contextual field of legal inquiry. Encompassing national and international law, and recognising the practical impact of military capability upon our interpretation and application of this law, Nigel White once again shows us why he is the leading scholar in this field, and a worthy successor to Peter Rowe and Hilaire McCoubrey as its flagbearer.’ -- Robert McLaughlin, Australian National University, Australia‘The domestic and international legal frameworks that govern the deployment of the United Kingdom’s armed forces and the rights of its members are complex and contested. Adopting an expansive approach to the meaning of military justice, in this book Professor White takes the reader on a journey from the drafting of the Magna Carta to military operations in Afghanistan and Iraq. In the process, he unravels the relationship between the soldier and the state, and provides an engaging and thoughtful analysis of the law that regulates the actions of the armed forces at home and abroad.’ -- Alison Duxbury, University of Melbourne, AustraliaTable of ContentsContents: Preface Introduction to Military Justice 1. Framing military justice 2. Constitutional laws and the armed forces 3. Emergency powers and internal deployments 4. Prerogative powers and external deployments 5. The use of lethal force 6. Detention and abuse 7. The court martial 8. Rights and protections of soldiers 9. The scales of military justice Index

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Book SynopsisThis book considers the myriad of critics of international criminal law concerning normative concepts of legitimacy, sovereignty, responsibility, punishment, economics, politics, evidence, and fairness. This is the first book to provide a thorough defense of international criminal tribunals, especially the International Criminal Court, from critics of diverse perspectives and disciplines.Trade Review'Since the field's rebirth two decades ago in The Hague, the legal analysis of international criminal justice has exploded. But with this powerful and probing intervention, May and Fyfe demonstrate that it is philosophical concepts that best legitimate and critique the current practice of international tribunals. With this compelling and urgent book, a true philosophy of international criminal law has now arrived.' Jens David Ohlin, Associate Dean for Academic Affairs and Professor of Law, Cornell Law School'The authors' analysis of the various critiques yields both normative arguments about the value of international criminal tribunals and suggestions about how the institutions can be improved. In advancing their normative claims and supporting their prescriptive suggestions, the authors draw on a deep well of philosophical and theoretical concepts, including legitimacy, fairness, effectiveness, and efficiency. The result is a book that not only canvases and addresses the broad array of critiques leveled at international criminal tribunals but adds significantly to the rather scant literature on the philosophical justifications for international criminal justice.' Margaret M. deGuzman, Ethics & International AffairsTable of ContentsIntroduction; 1. Legitimacy; 2. Sovereignty; 3. Punishment; 4. Responsibility; 5. Economics; 6. Politics; 7. Evidence; 8. Fairness; 9. Concluding remarks.

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Book SynopsisReimagining the National Security State provides the first comprehensive picture of the toll that US government policies took on civil liberties, human rights, and the rule of law in the name of the war on terror. Looking through the lenses of theory, history, law, and policy, the essays in this volume illuminate the ways in which liberal democracy suffered at the hands of policymakers in the name of national security. The contributors, who are leading experts and practitioners in fields ranging from political theory to evolutionary biology, discuss the vast expansion of executive powers, the excessive reliance secrecy, and the exploration of questionable legal territory in matters of detention, criminal justice, targeted killings, and warfare. This book gives the reader an eye-opening window onto the historical precedents and lasting impact the security state has had on civil liberties, human rights and, the rule of law in the name of the war on terror.Trade Review'In Reimagining the National Security State, Karen J. Greenberg has brought together a veritable who's who of scholars and practitioners to help us understand how and why the post-9/11 state of exception favoring security over liberty has increasingly become the norm in American politics. This collection makes for bracing, disturbing, and essential reading for anyone who hopes that we can reset that balance.' Michael C. Desch, Packey J. Dee Professor of International affairs and Director of the Notre Dame International Security Center'This book brings together some of our finest political thinkers to consider what has happened to the dream of liberal democracy. Has the West permanently lost its way? Is the security state a necessary, perhaps temporary step toward the salvation of democracy in the face of terrorism and the challenges of rising autocratic powers? Or does the security state represent the surrender of values that were presumed to be the core of liberalism in the West? These questions are illuminatingly addressed in this valuable collection.' Larry Wright, author of The Looming Tower and The Terror Years'This collection of outstanding essays makes clear that America's war on terrorism is undermining its liberal democratic traditions and institutions. Anyone who doubts the Founding Fathers' warnings about the dangers of fighting endless wars should read this important book.' John J. Mearsheimer, R. Wendell Harrison Distinguished Service Professor of Political Science, University of ChicagoTable of ContentsForeword Donald Glascoff; Part I. The National Security State: Power and Purpose in Perspective: 1. Who's checking whom? Michael J. Glennon; 2. The deep state vs the failed state: illusions and realities in the pursuit of security John Gray; 3. A tale of two countries: fundamental rights in the 'war on terror' Douglas Cassel; 4. The national security state gone awry: returning to first principles Loch K. Johnson; Part II. Tracking the Decline: 5. The illiberal experiment: how Guantanamo became a defining American institution Michel Paradis; 6. National security and court deference: ramifications and worrying trends Laura Pitter; 7. The zealotry of 'terrorism' Thomas A. Durkin; 8. Re-imagining the national security state: illusions and constraints – by the numbers Joshua L. Dratel; 9. Beyond counterinsurgency paradigm of governing: letting go of prediction and the illusion of an internal enemy Bernard E. Harcourt; 10. Re-establishing the rule of law as national security Mary Ellen O'Connell; Part III. Novel Paths Forward: 11. Rethinking the national security state from an evolutionary perspective: a reconnaissance David Sloan Wilson; 12. Concluding remarks John Berger; Select bibliography; Index.

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Book SynopsisThis book, a companion volume to The International Law of Human Trafficking, presents the first-ever comprehensive and in-depth analysis of the international law of migrant smuggling. The authors call on their direct experience of working with the United Nations to chart the development of new international laws.Trade Review'In her award-winning book, The International Law of Human Trafficking, Anne Gallagher created an invaluable reference for policy makers, practitioners and all those working to end impunity for traffickers and secure justice for victims. This volume, The International Law of Migrant Smuggling, is a fitting and timely successor. With precision, clarity and compassion, Gallagher and her coauthor untangle the complex and often misunderstood web of rights, obligations and responsibilities that govern the facilitated movement of irregular migrants across borders. In so doing they make abundantly clear what States must, may, and may not do when responding to migrant smuggling. Looking ahead, there can be little doubt that migrant smuggling will continue to present a great challenge to the international community. I am confident that this book will make a substantial contribution to advancing constructive dialogue on this difficult, controversial issue.' William L. Swing, Director General of the International Organization for Migration'Written from extensive experience and a deep understanding of not only the harshness and dangers of migrant smuggling but also of its moral and legal complexity, this book aims to explain 'what States must do, what they may do, and what they are prevented from doing in relation to migrant smuggling'. The authors have achieved this, in a fine work that combines thoughtful and precise analysis with great practical utility.' Vaughan Lowe, QC, Emeritus Chichele Professor of Public International Law, University of Oxford'Migrant smuggling is a major problem for the international community. But regulatory responses rely increasingly on quick fixes such as harsh treatment of the migrants, growing criminalization and the militarization of border controls. This new book, coauthored by Anne Gallagher, one of the world's leading experts, provides a superb overview of the complex international legal regime that applies. It perceptively situates the challenges in the broader context within which long-term solutions must be sought, and it sheds light on the drawbacks and limitations of existing legal and policy approaches.' Philip Alston, John Norton Pomeroy Professor of Law, New York University School of Law'In the history of the human rights movement, most marginalized persons have been able to fight for their rights from the standpoint of citizenship: they were claiming equal treatment as citizens. By definition, irregular migrants will never access the political stage and therefore can only count on the rule of law and human rights guarantees: making this accessible to them is an enormous challenge. Through a particularly thorough analysis of the available international legal sources, Anne Gallagher and Fiona David create a detailed portrait of the irregular migrant as a rights-holder. This volume will be a valuable guide for years to come.' François Crépeau, United Nations Special Rapporteur on the Human Rights of Migrants and Professor of Public International Law, McGill UniversityTable of Contents1. The legal framework: transnational crime, law of the sea, and migration control; 2. The legal framework: human rights and refugee law; 3. Acting against migrant smuggling: capacities and limitations; 4. State responsibility and migrant smuggling; 5. Criminalization of migrant smuggling; 6. Migrant smuggling by sea: interdiction and rescue; 7. Prevention and international cooperation to combat migrant smuggling; 8. Obligations of protection, assistance, and response; 9. Obligations relating to detention of smuggled migrants; 10. Return of smuggled migrants.

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