Public international law: humanitarian law Books

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

Read more less

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

Read more less

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

Read more less

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

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

Book SynopsisIn this book, self-defence against non-state actors is examined by three scholars whose geographical, professional, theoretical, and methodological backgrounds and outlooks differ greatly. Their trialogue is framed by an introduction and a conclusion by the series editors. The novel scholarly format accommodates the pluralism and value changes of the current era, a shifting world order and the rise in nationalism and populism. It brings to light the cultural, professional and political pluralism which characterises international legal scholarship and exploits this pluralism as a heuristic device. This multiperspectivism exposes how political factors and intellectual styles influence the scholarly approaches and legal answers and the trialogical structure encourages its participants to decentre their perspectives. By explicitly focussing on the authors'' divergence and disagreement, a richer understanding of self-defence against non-state actors is achieved, and the legal challenges and possible ways ahead identified.Table of ContentsIntroduction to the series: trialogical international law Anne Peters; Introduction: dilution of self-defence and its discontents Anne Peters and Christian Marxsen; 1. The use of force in self-defence against non-state actors, decline of collective security and the rise of unilateralism: whither international law? Dire Tladi; 2. Self-defence against non-state actors: making sense of the 'armed attack' requirement Christian J. Tams; 3. Self-defence, pernicious doctrines, peremptory norms Mary Ellen O'Connell; Conclusion: self-defence against non-state actors – the way ahead Christian Marxsen and Anne Peters.

Read more less

Book SynopsisIn 2015, the United States Department of Defense published its long-awaited Law of War Manual making a significant statement on the position of the US government on important military matters. Whilst readers recognise the Manual''s legal and strategic importance, they may question whether particular statements of law are legally accurate or complete. This book offers a unique in-depth review of the complete Manual, including revisions, on a paragraph-by-paragraph, line-by-line and word-by-word basis. The authors offer their personal assessment of the DoD''s declared view as to the law that regulates the conduct of warfare, a subject of unparalleled current importance. William H. Boothby and Wolff Heintschel von Heinegg offer a balanced, articulate and authoritative critique for readers perusing the Manual in whatever capacity.Table of ContentsIntroduction; 1. General background; 2. Principles; 3. Application of the law of war; 4. Classes of persons; 5. The conduct of hostilities; 6. Weapons; 7. Wounded, sick, shipwrecked, dead and the medical services; 8. Detention – overview and baseline rules; 9. Prisoners of war; 10. Civilians in the hands of a party to the conflict; 11. Military occupation; 12. Non-hostile relations between belligerents; 13. Naval warfare; 14. Air and space warfare; 15. The law of neutrality; 16. Cyber operations; 17. Non-international armed conflict; 18. Implementation and enforcement of the law of war; 19. Documentary appendix – notes on treaties and other relevant documents; 20. Post-publication amendments.

Read more less

Book SynopsisNow in a comprehensively updated edition, this indispensable handbook analyzes how international humanitarian law has evolved in the face of these many new challenges. Central concerns include the war on terror, new forms of armed conflict and humanitarian action, the emergence of international criminal justice, and the reshaping of fundamental rules and consensus in a multipolar world. The Practical Guide to Humanitarian Law provides the precise meaning and content for over 200 terms such as terrorism, refugee, genocide, armed conflict, protection, peacekeeping, torture, and private military companieswords that the media has introduced into everyday conversation, yet whose legal and political meanings are often obscure. The Guide definitively explains the terms, concepts, and rules of humanitarian law in accessible and reader-friendly alphabetical entries. Written from the perspective of victims and those who provide assistance to them, the Guide outlines the dangers, spells out the l

Read more less

Book SynopsisThis book analyses the way in which international human rights law (IHRL) and international investment law (IIL) are deployed – or fail to be deployed – in conflict countries within the context of natural resources extraction. It specifically analyses the way in which IIL protections impact on the parallel protection of economic, social and cultural rights (ESC rights) in the host state, especially the right to water. Arguing that current responses have been unsatisfactory, it considers the emergence of the ‘Protect, Respect and Remedy’ framework and the Guiding Principles for Business and Human Rights (jointly the Framework) as a possible analytical instrument. In so doing, it proposes a different approach to the way in which the Framework is generally interpreted, and then investigates the possible applicability of this ‘recalibrated’ Framework to the study of the IHRL-IIL interplay in a host country in a protracted armed conflict: Afghanistan. Through the emblematic example of Afghanistan, the book presents a practical dimension to its legal analysis. It uniquely portrays the elusive intersection between these two bodies of international law within a host country where the armed conflict continues to rage and a full economic restructuring is taking place away from the public eye, not least through the deployment of IIL and the inaction – or merely partial consideration – of IHRL. The book will be of interest to academics, policy-makers, and practitioners of international organisations involved in IHRL, IIL and/or deployed in contexts of armed conflict.Trade ReviewDaria Davitti’s ‘Investment and Human Rights in Armed Conflict’ is to be welcomed as an original, innovative and insightful contribution to the debate on the relationship between foreign investment regulation and human rights ... Davitti’s book is a mandatory read to understand and master where the debate on investment and human rights should be directed. -- Paolo Vargiu, University of Leicester * Leiden Journal of International Law *Table of ContentsIntroduction I. Focus of the Book II. Structure of the Book 1. Extractive Sector Investment in Conflict Countries: The Situation in Afghanistan I. Extractive Companies in Conflict Countries: An Issue of Human Rights Protection? A. The Human Rights Impact of Extractive Companies in Conflict Countries B. Conceptualising the Term ‘Protection’ II. Practical Challenges in Operationalising Human Rights Protection When Extractive Companies Invest in Conflict Countries: The Situation in Afghanistan A. Corporate Abuse and ‘Soft-law’ Mechanisms B. Prioritising the Rights to be Protected C. A Complex Political Context III. Preliminary Conclusions 2. The Relevant Legal Framework: Investment Protection in Conflict Settings I. Foreign Investment and the Need for Protection: International Investment Law and Armed Conflict A. The Notion of Investment II. Relevant Standards of Investment Protection A. The Evolution of FET through the Doctrine of Legitimate Expectations B. Full Protection and Security C. War Clauses D. Protections Against Expropriation E. Most-favoured Nation Treatment III. Preliminary Conclusions 3. The Relevant Legal Framework of Human Rights Protection: ESC Rights and the Right to Water I. Reasons for a Focus on the Right to Water II. Legal Foundations of the Right to Water III. States’ Obligations to Respect, Protect and Fulfil IV. Article 2(1) ICESCR: Progressive Realisation and Obligations of Immediate Effect A. Elimination of Discrimination B. Obligation to Take Steps C. Prohibition of Retrogressive Measures D. Minimum Core Obligations V. Availability, Accessibility, Acceptability and Quality VI. Maximum Available Resources VII. International Assistance and Cooperation as a Basis for Extraterritorial Obligations VIII. On Limitations to ESC Rights IX. Preliminary Conclusions 4. Human Rights and Investment: Analysing the Relationship I. The Contours of a Troubled Relationship A. Of Conflicting Laws: How States’ Obligations in International Investment Agreements Affect States’ Human Rights Obligations B. Of the Inherent Limitations of International Investment Law II. Is a Balance Between ‘Investors’ Rights’ and Human Rights Possible? III. Preliminary Conclusions 5. Business and Human Rights: A Tool for Investment and Human Rights Protection in Armed Conflict? I. A Critical Appraisal of the Business and Human Rights Framework A. Third Pillar: Effective Remedial Action B. Second Pillar: The Corporate Responsibility to Respect Human Rights C. First Pillar: The State’s Duty to Protect Human Rights II. The Framework at the Intersection of International Human Rights Law and Investment Law in Armed Conflict III. Preliminary Conclusions Conclusion: Implications for Afghanistan

Read more less

Book SynopsisThis book explores the distinction and relationship between two principal branches of international law regulating the use of force: jus ad bellum (international law regulating the resort to force) and jus in bello (international humanitarian law). Two principles traditionally govern the relationship between the two: 1) separation of jus ad bellum and jus in bello and 2) equal application of jus in bello to the conflicting parties. These principles emerged in response to the claim that a conflicting party using force illegally under jus ad bellum should not benefit from the protection for victims of armed conflict under jus in bello, which would completely defeat the humanitarian purpose of jus in bello to protect all victims of armed conflict impartially. There is, however, a third principle: concurrent application of jus ad bellum and jus in bello. Unlike in the past, jus ad bellum now regulates the use of force during a conflict alongside jus in bello and hence, the two are now considered as one set of rules applying during a conflict. The book explores in detail the interaction between jus ad bellum and jus in bello in the light of these three principles. The relationship between the two has been principally discussed in the context of the use of force in self-defence and international armed conflict. However, this book examines the relationship in other contexts of a very different nature, namely the use of force under Chapter VII of the United Nations Charter, non-international armed conflict, and armed conflict of a mixed character. The book concludes that the three principles governing the relationship are equally valid, with certain variations, in these different contexts.Trade ReviewThe body of the book is a careful excavation (not untypical of a good PhD thesis which is where this book began) of the interaction and relationship of jus in bello and jus ad bellum. The complexity of the task should not be under-estimated, nor its political significance...For international lawyers concerned with the application of international humanitarian law this book will be indispensable... -- Wade Mansell * Law and Politics Book Review, Vol. 23 No. 10, *... it is clear that, in the future, it would not be possible to discuss the relationship between jus ad bellum and jus in bello without this book. The author and others like us should pursue further discussions, taking the book as the starting point. (translated from the original Japanese) -- Professor Kyo Arai * Journal of International Law and Diplomacy *...a unique contribution to the literature of contemporary international law. A work of this nature and this level of detail was needed in the field of IHL; reviewing recent developments in the law, convention and custom in the second decade of the century is a very difficult task. Perhaps the biggest criticism is that Spanish-speaking scholars do not have a version in their own language to share Okimoto's learning with their own students. Translated from the original Spanish -- Professor Juan Carlos Sainz-Borgo * Anuario Mexicano de Derecho Internacional, Volume XIII *Une variété de liens entre les deux branches du droit ressort de cette étude, menée à partir d'un matériau très vaste relatif à la pratique des États et des organisations internationales, à la jurisprudence internationale et à de nombreux travaux doctrinaux. À travers une analyse claire et rigoureuse qui le conduit – à juste titre – à soulever plus de questions qu'il n'apporte de réponses, l'auteur démontre ainsi que les principes réglementant les rapports entre jus ad bellum et jus in bello permettent le plus souvent d'éviter les conflits entre ces branches du droit et de limiter les lacunes dans la réglementation internationale de l'emploi de la force. loin de se limiter à un travail théorique, cette étude fouillée est destinée aussi bien aux universitaires qu'aux praticiens… -- Sarah Cassella * Annuaire Français de Droit International *Table of Contents1. Introduction 2. Background and Principles Governing the Relationship between Jus ad Bellum and Jus in Bello 3. Distinction and Relationship between the Law of Self-defence and IHL 4. Distinction and Relationship between Chapter VII Measures and IHL 5. Particular Problems in Non-international Armed Conflict 6. Conclusions Bibliography

Read more less

Book SynopsisFor the first time, a Rohingya speaks up to expose the persecution facing his people. ‘I am three years old and will have to grow up with the hostility of others. I am already an outlaw in my own country, an outlaw in the world. I am three years old, and don’t yet know that I am stateless.’ Habiburahman was born in 1979 and raised in a small village in western Burma. When he was three years old, the country’s military leader declared that his people, the Rohingya, were not one of the 135 recognised ethnic groups that formed the eight ‘national races’. He was left stateless in his own country. Since 1982, millions of Rohingya have had to flee their homes as a result of extreme prejudice and persecution. In 2016 and 2017, the government intensified the process of ethnic cleansing, and over 600,000 Rohingya people were forced to cross the border into Bangladesh. Here, for the first time, a Rohingya speaks up to expose the truth behind this global humanitarian crisis. Through the eyes of a child, we learn about the historic persecution of the Rohingya people and witness the violence Habiburahman endured throughout his life until he escaped the country in 2000. First, They Erased Our Name is an urgent, moving memoir about what it feels like to be repressed in one’s own country and a refugee in others. It gives voice to the voiceless.Trade Review‘Habiburahman’s book is a rare first-hand account of what the Rohingya have had to endure over the past few decades, and especially valuable because the events it describes took place long before most of the world had heard of them. Told in short, punchy chapters, written in an urgent present tense …’ -- David Eimer * The Spectator *‘Here is the first account by a Rohingya of the decades-long oppression of his people, as well as a memoir of his own journey. Chilling and eye-opening.’ * i *‘This is the gripping, chilling inside story of the incubation of a genocide. In a corner of Asia where hatred has raged for decades, Habib’s moving family history emerges as a powerful and, to my knowledge, unique historical document. His compelling storytelling relates how playground prejudice against the Muslim Rohingya of Arakan escalated into pogroms, terror, and apartheid. As he makes his arduous and dangerous escape, he writes “death is always snapping at our heels”. What an incredible story. There are many who, after the killing fields of Cambodia, Bosnia, or Rwanda have said “Never again”. It just did, in Burma, and here’s how.’ -- Jonathan Miller, Foreign Affairs Correspondent * Channel 4 News *‘Written in a simple style appropriate to the childhood it records, the memoir is a devastating testimony of persecution.’ -- David McKechnie * The Irish Times *‘The book is written in simple language and tells the story without embellishment. There is no need for flourishes; it is relentless.’ -- Gay Alcorn * The Guardian *‘Habiburahman is a vivid storyteller … It is a book that should be read the world over until the Rohingyas get justice … An essential read.’ -- Liam Heylin * Irish Examiner *‘An astonishing story … a moving read.’ -- Paul Ross, talkRADIO‘The remarkable first personal account from a Rohingya of his people’s persecution in Burma.’ * i *‘The greatest barriers to stories such as Habiburahman’s being heard, though. Are invalidation and indifference. Do not be indifferent to this urgent, humane book. Read it, share it, talk about what has been happening — and in so doing safeguard the humanity of Habiburahman, the Rohingya and all asylum seekers, as well as the imperilled humanity of this country.’ -- Maria Takolander * The Saturday Paper *‘[First, They Erased Our Name] tells the first-hand truth behind the global humanitarian crisis.’ * Business Standard *‘For the first time, Habib’s book gives written voice to the history of fate and his people who have been left stateless in their own country. Habib’s own story is an odyssey of danger, resistance, torture and courage.’ -- James Taylor * Surf Coast Times *‘Compelling.’ -- Robyn Douglass * SA Weekend, starred review *‘Habiburahman was a boy when Myanmar outlawed his ethnic group, the Rohingya, stripping its members of citizenship and turning them into a stateless people. His book is a rare account of growing up during the subsequent catastrophe for the Rohingya … a useful addition to the literature of human rights abuses.’ * Kirkus Reviews *

Read more less

Book Synopsis

Read more less

Book SynopsisIntroduction.- The usefulness of international law.- Grey Zone Operations Digital Resilience.- Old Treaties New Applications.- Data Protection Regulations as Disnformation Resilience.- Australias proposed misinformation and disinformation law.- Ensuring Digital Resilience in Australia through critical infrastructure.- People Power A resilient workforce.- Building Social resilience.- Truth Tribunals Using the judiciary to build resilience.- Resilience of the Prerogative.

Read more less

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

Read more less

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

Read more less

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.

Read more less

Book Synopsis'Human trafficking' brings to mind gangsters forcing people, often women and girls, to engage in dangerous activities against their will, under threat of violence. However, human trafficking is not limited to the sex trade, and this picture is inadequate. It occurs in many different industries---domestic service, construction, factory labour, on farms and fishing boats---and targets people from all over the globe. Human trafficking is much more complicated and nuanced picture than its common representations. Victims move through multiple categories along their journey and at their destination, shifting from smuggled migrant to trafficking victim and back again several times. The emergence of a criminal pyramid scheme also makes many victims complicit in their own exploitation. Finally, the threat posed by the involvement of organised crime is little understood. The profit motives and violence that come with such crime make human trafficking more dangerous for its victims and difficult to detect or address. Drawing on field research in source, transit and destination countries, the authors analyse trafficking from four countries: Albania, Eritrea, Nigeria and Vietnam. What emerges is a business model that evolves in response to changes in legislation, governance and law enforcement capacities.Trade Review‘A very interesting study.’ -- CHOICE'Relying on extensive field research, this book is a valuable resource for researchers and practitioners working on organised crime. The authors take a nuanced approach to human trafficking and smuggling and their analysis resonates beyond the case studies under exam.' -- Virginia Comolli, Senior Fellow for Conflict, Security and Development, The International Institute for Strategic Studies'Challenging common sense assumptions about human trafficking and organised crime, this book should become a must read for anyone interested in developing a more nuanced understanding and unpicking binaries: Smuggler or trafficker? Victim or culprit? Choice or coercion? Organised crime or ad hoc network? A welcome addition to understanding this complex phenomenon.' -- Carole Murphy, Senior Lecturer in Criminology and Sociology, and Deputy Director of the Centre for the Study of Modern Slavery at St Mary’s University

Read more less

Book SynopsisThis book examines the hard legal core, if any, of the “Responsibility to Protect (R2P)” concept with regard to the commitment to take collective action through the UN Security Council. It addresses the question of whether public international law establishes a duty on the part of the individual Security Council members to collectively take the necessary action to prevent atrocities (genocide, crimes against humanity, war crimes and ethnic cleansing). To this end, it offers an interpretation of provisions in multilateral conventions, such as the undertaking to prevent genocide in Article 1 of the Genocide Convention and the undertaking to ensure respect for the Geneva Conventions in common Article 1 of the 1949 Geneva Conventions, analyses the UN Charter framework for Security Council action, and explores whether the recognition of the international responsibility to protect has prompted the emergence of a new norm for general international law.Table of Contents1 The Security Council and the Responsibility to Protect in the Age of New Wars.- 2 Legal Theory and Methodology.- 3 The Security Council and International Law.- 4 The International Law of Atrocity Crime Prevention.- 5 Multilateral Debates on R2P and the Protection of Civilians, and Their Impact on General and Treaty Law.- 6 Security Council Practice on Atrocity Crime Prevention Since the End of the Cold War.- 7 Conclusions.

Read more less

Book SynopsisThis unique two-volume book covers virtually the whole spectrum of international conflict and security law. It proceeds from values protected by international law (Part I), through substantive rules in which these values are embodied (Part II), to international and domestic institutions that enforce the law (Part III). It subsequently deals with current challenges in the application of rules of international conflict and security law (Part IV), and crimes as the most serious violations of those rules (Part V). Finally, in the section on case studies (Part VI), lessons learnt from a number of conflict situations are discussed.Written by an international team of experts representing all the major legal systems of the world, the book is intended as a reference work for students and researchers, domestic and international judges, as well as for legal advisers to governments and international and non-governmental organisations.Sergey Sayapin is Associate Professor and Associate Dean at KIMEP University, School of Law in Almaty, Kazakhstan.Rustam Atadjanov is Assistant Professor at KIMEP University, School of Law in Almaty, Kazakhstan.Umesh Kadam is formerly Additional Professor at the National Law School of India University, Bangalore, India and Legal Adviser with the International Committee of the Red Cross.Gerhard Kemp is Professor of Law at the University of Derby in the United Kingdom. Nicolás Zambrana-Tévar is Associate Professor at KIMEP University, School of Law in Almaty, Kazakhstan.Noëlle Quénivet is Professor in International Law at the University of the West of England, Bristol Law School in the United Kingdom.Table of ContentsPart I. Protected Values.- Chapter 1. Humanity.- Chapter 2. Self-determination of Peoples.- Chapter 3. International Rule of Law.- Chapter 4. The Common Heritage of Mankind.- Chapter 5. Human Rights: Between Universalism and Relativism.- Part II. Law.- Chapter 6. The Use of Force in International Law.- Chapter 7. The UN Security Council: from Preserving State Sovereignty to Protecting Humanity.- Chapter 8. UN Security Council Sanctions and International Peace and Secutiry: Context, Controversies and (Legal) Challenges.- Chapter 9. Peace(keeping) Operations: Soldiers without Enemies? .- Chapter 10. The Status of Forces Agreements.- Chapter 11. International Human Rights Law.- Chapter 12. Direct Participation in Hostilities.- Chapter 13. The Conduct of Hostilities.- Chapter 14. Chemical Weapons.- Chapter 15. Nuclear Weapons.- Chapter 16. Blinding Laser Weapons.- Chapter 17. Fuel Air Explosive Weapons .- Chapter 18. Current Issues of The Hague Law .- Chapter 19. Military Space Operations.- Chapter 20. The Protection of the Environment and Natural Resources in Armed Conflict.- Chapter 21. The Protection of Cultural Property in Armed Conflict and Occupation.- Chapter 22. Transnational and International Criminal Law.- Chapter 23. International Anti-Corruption Law.- Chapter 24. The Due Diligence Obligations of International Organisations Engaged in Disaster Management.- Part III: Institutions.- Chapter 25. Organisation for Security and Cooperation in Europe (OSCE).- Chapter 26. European Union (EU): Security, Conflict and Migration.- Chapter 27. Association of East Asian Nations (ASEAN).- Chapter 28. Collective Security Treaty Organisation (CSTO).- Chapter 29. Extraordinary Chambers in the Courts of Cambodia (ECCC).- Chapter 30. Other “Hybrid” Tribunals.- Chapter 31. Post-Conflict Justice Mechanisms.- Chapter 32. INTERPOL.- Chapter 33. United Nations Educational, Scientific and Cultural Organization (UNESCO).- Chapter 34. United Nations International Children’s Emergency Fund (UNICEF).- Chapter 35. World Health Organisation (WHO).- Chapter 36. United Nations Development Programme (UNDP).- Chapter 37. International Red Cross and Red Crescent Movement.- Chapter 38. Human Rights and Humanitarian NGOs.- Part IV. Challenges.- Chapter 39. Climate Change and Armed Conflict.- Chapter 40. Poaching and Wildlife Trafficking as a Threat to International Peace and Security.- Chapter. 41. The Use of Force in Pursuance of the Right to Self-Determination.- Chapter 42. The African Region´s Pushback against Mercenaries.- Chapter 43. International Humanitarian Protection to Disabled and Elderly People in Armed Conflict Zones. Chapter 44. The Politics of International Justice.- Chapter 45. Poverty.- Part V. Crimes.- Chapter 46. Genocide.- Chapter 47. Crimes against Humanity.- Chapter 48. The Crime of Apartheid.-Chapter 49. War Crimes.- Chapter 50. The Crime of Aggression: The Fall of the Supreme International Crime?.- Chapter 51. Military Ecocide.- Chapter 52. Religious Extremism.- Chapter 53. Human Smuggling and Human Trafficking.- Chapter 54. Organised Crime.- Part VI. Case Studies.- Chapter 55. Cambodia.- Chapter 56. Myanmar.- Chapter 57. Northern Cyprus.- Chapter 58. Former Yugoslavia.- Chapter 59. Northern Ireland: The Right to Life, Victim Mobilisation, and the Legacy of Conflict.- Chapter 60. The “War on Terror”.- Chapter 61.Jihad Misplaced for Terrorism: An Overview of the Boko Haram Crisis from Islamic and International Humanitarian Law Perspectives.- Chapter 62. Accountability of Religious Actors for CConflicts Motivated by Religion.- Chapter 63. The Children vs The Church: Human Rights and the Holy See in the Sex Abuse Crisis.- Chapter 64. The Role of International Law in the Prevention and Resolution of Possible Conflicts over Water in Central Asia: A Comparative Study with Special Reference to the European Union (EU).

Read more less

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

Read more less

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

Read more less

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).

Read more less

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

Read more less

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

Read more less

Book Synopsis

Read more less

Book SynopsisIn 2005, the international community made a landmark commitment to prevent mass atrocities by unanimously adopting the UN’s “Responsibility to Protect” (R2P) principle. As often as not, however, R2P has failed to translate into decisive action. Why does this gap persist between the world’s normative pledges to R2P and its ability to make it a daily lived reality? In this new book, leading global authorities on humanitarian protection Alex Bellamy and Edward Luck offer a probing and in-depth response to this fundamental question, calling for a more comprehensive approach to the practice of R2P – one that moves beyond states and the UN to include the full range of actors that play a role in protecting vulnerable populations. Drawing on cases from the Middle East to sub-Saharan Africa and Southeast Asia, they examine the forces and conditions that produce atrocity crimes and the challenge of responding to them quickly and effectively. Ultimately, they advocate both for emergency policies to temporarily stop carnage and for policies leading to sustainable change within societies and governments. Only by introducing these additional elements to the R2P toolkit will the failures associated with humanitarian crises like Syria and Libya become a thing of the past.Trade Review“This book is a must-read for anyone seeking to curb atrocity crimes. Getting beyond endless debates about theory, the authors draw innovative lessons from a decade of international and national practice in implementing ‘the Responsibility to Protect.’ This was one of my chief priorities as Secretary-General, and Professor Luck, as my Special Adviser, was the architect of my three-pillar strategy for prevention and protection. I know that there is nothing easy about trying to protect populations and prevent atrocity crimes, but I also know from experience that it can and must be done. With vivid prose and the keen insight of practitioners, Professors Bellamy and Luck tell us how. Every official, advocate, humanitarian, analyst, scholar, and student should read this timely and masterly account. It points the way to a more secure and humane future.”H. E. Ban Ki-moon, Secretary-General of the United Nations, 2007‒2016 “The deceptively simple goal of R2P – preventing mass atrocity crimes – belies huge complexity…Luckily there is a great new book out by Alex Bellamy and Edward Luck which, ambitiously, addresses all of these challenges…it is essential reading for anyone interested in the implementation of R2P.”Jess Gifkins, University of Manchester “This excellent book will, I am sure, become the defining work in our area.”Simon Adams, Executive Director of the Global Centre for the Responsibility to Protect, New York "impressive"International AffairsTable of ContentsAcknowledgements Introduction 1. R2P as Principle and Policy 2. R2P in World Politics 3. Unexpected Challenges and Opportunities 4. In Search of the International Community 5. The Domestic Dimensions 6. The Challenge of Prevention 7. Making a Difference: Lessons from Experience Conclusion

Read more less

Book SynopsisIn 2005, the international community made a landmark commitment to prevent mass atrocities by unanimously adopting the UN’s “Responsibility to Protect” (R2P) principle. As often as not, however, R2P has failed to translate into decisive action. Why does this gap persist between the world’s normative pledges to R2P and its ability to make it a daily lived reality? In this new book, leading global authorities on humanitarian protection Alex Bellamy and Edward Luck offer a probing and in-depth response to this fundamental question, calling for a more comprehensive approach to the practice of R2P – one that moves beyond states and the UN to include the full range of actors that play a role in protecting vulnerable populations. Drawing on cases from the Middle East to sub-Saharan Africa and Southeast Asia, they examine the forces and conditions that produce atrocity crimes and the challenge of responding to them quickly and effectively. Ultimately, they advocate both for emergency policies to temporarily stop carnage and for policies leading to sustainable change within societies and governments. Only by introducing these additional elements to the R2P toolkit will the failures associated with humanitarian crises like Syria and Libya become a thing of the past.Trade Review“This book is a must-read for anyone seeking to curb atrocity crimes. Getting beyond endless debates about theory, the authors draw innovative lessons from a decade of international and national practice in implementing ‘the Responsibility to Protect.’ This was one of my chief priorities as Secretary-General, and Professor Luck, as my Special Adviser, was the architect of my three-pillar strategy for prevention and protection. I know that there is nothing easy about trying to protect populations and prevent atrocity crimes, but I also know from experience that it can and must be done. With vivid prose and the keen insight of practitioners, Professors Bellamy and Luck tell us how. Every official, advocate, humanitarian, analyst, scholar, and student should read this timely and masterly account. It points the way to a more secure and humane future.”H. E. Ban Ki-moon, Secretary-General of the United Nations, 2007‒2016 “The deceptively simple goal of R2P – preventing mass atrocity crimes – belies huge complexity…Luckily there is a great new book out by Alex Bellamy and Edward Luck which, ambitiously, addresses all of these challenges…it is essential reading for anyone interested in the implementation of R2P.”Jess Gifkins, University of Manchester “This excellent book will, I am sure, become the defining work in our area.”Simon Adams, Executive Director of the Global Centre for the Responsibility to Protect, New York "impressive"International AffairsTable of ContentsAcknowledgements Introduction 1. R2P as Principle and Policy 2. R2P in World Politics 3. Unexpected Challenges and Opportunities 4. In Search of the International Community 5. The Domestic Dimensions 6. The Challenge of Prevention 7. Making a Difference: Lessons from Experience Conclusion

Read more less

Book SynopsisThe word ‘refugee’ is both evocative and contested; it means different things to different people. For lawyers, the main legal reference point is the UN Refugee Convention of 1951. This concise and engaging book follows the structure of the Convention to explore international refugee law. Including an introduction to the historical and legal context, Colin Yeo draws on his experience as an immigration barrister to explain the present-day legal framework for global refugee protection. Chapters consider: • well-founded fear; • persecution; • the loss of refugee status and exclusion; • the rights of refugees; • and state responses to refugee claims. The book includes studies of key legal cases, reviews the successes and failures of the Convention and looks ahead to the future, including the impact of climate change and the Global Compact on Refugees. Communicating important legal concepts in an approachable way, this is an essential guide for students, lawyers and non-specialists.Table of ContentsIntroduction 1. Legal Framework 2. Well-founded Fear 3. Being Persecuted 4. Protection and Relocation 5. Reasons for Persecution 6. Cessation and Exclusion 7. Rights of Refugees 8. Refugee Status Determination Conclusion

Read more less

Book SynopsisCan we achieve justice during war? Should law substitute for realpolitik? Can an international court act against the global community that created it? Justice in a Time of War is a translation from the French of the first complete, behind-the-scenes story of the International Criminal Tribunal for the Former Yugoslavia, from its proposal by Balkan journalist Mirko Klarin through recent developments in the trial of Slobodan Milosevic. It is also a meditation on the conflicting intersection of law and politics in achieving justice and peace. Le Monde's review (November 3, 2000) of the original edition recommended Hazan's book as a nuanced account of the Tribunal that should be a must-read for the new leaders of Yugoslavia. "" The story Pierre Hazan tells is that of an institution which, over the course of the years, has managed to escape in large measure from the initial hidden motives and manipulations of those who created it (and not only the Americans)."" With insider interviews filling out every scene, Hazan tells a chaotic story of war that raged while the Western powers cobbled together a tribunal in order to avoid actual intervention. The international lawyers and judges for this rump world court started with nothing - but they ultimately established the tribunal as an unavoidable actor in the Balkans. The West had created the Tribunal in 1993, hoping to threaten international criminals with indictment and thereby force an untenable peace. In 1999, the Tribunal suddenly became useful to NATO countries as a means by which to criminalize Milosevic's regime and to justify military intervention in Kosovo and in Serbia. Ultimately, this hastened the end of Milosevic's rule and led the way to history's first war crimes trial of a former president by an international tribunal. Hazan's account of the Tribunal's formation and evolution questions the contradictory policies of the Western powers and illuminates a cautionary tale for the reader: realizing ideals in a world enamored of realpolitik is a difficult and often haphazard activity.

Read more less

Book SynopsisCan we achieve justice during war? Should law substitute for realpolitik? Can an international court act against the global community that created it? Justice in a Time of War is a translation from the French of the first complete, behind-the-scenes story of the International Criminal Tribunal for the Former Yugoslavia, from its proposal by Balkan journalist Mirko Klarin through recent developments in the trial of Slobodan Milosevic. It is also a meditation on the conflicting intersection of law and politics in achieving justice and peace. Le Monde's review (November 3, 2000) of the original edition recommended Hazan's book as a nuanced account of the Tribunal that should be a must-read for the new leaders of Yugoslavia. "" The story Pierre Hazan tells is that of an institution which, over the course of the years, has managed to escape in large measure from the initial hidden motives and manipulations of those who created it (and not only the Americans)."" With insider interviews filling out every scene, Hazan tells a chaotic story of war that raged while the Western powers cobbled together a tribunal in order to avoid actual intervention. The international lawyers and judges for this rump world court started with nothing - but they ultimately established the tribunal as an unavoidable actor in the Balkans. The West had created the Tribunal in 1993, hoping to threaten international criminals with indictment and thereby force an untenable peace. In 1999, the Tribunal suddenly became useful to NATO countries as a means by which to criminalize Milosevic's regime and to justify military intervention in Kosovo and in Serbia. Ultimately, this hastened the end of Milosevic's rule and led the way to history's first war crimes trial of a former president by an international tribunal. Hazan's account of the Tribunal's formation and evolution questions the contradictory policies of the Western powers and illuminates a cautionary tale for the reader: realizing ideals in a world enamored of realpolitik is a difficult and often haphazard activity.

Read more less

Book SynopsisThis book provides a clear and concise explanation of the central principles of international humanitarian law (or the law of armed conflict) while situating them in a broader philosophical, ethical and legal context.The authors consider a range of wider issues relevant to international humanitarian law, including its ethical foundations, relationship to other bodies of international law and contemporary modes of enforcement. This helps to develop a richer context for understanding the law of war and a sound basis for examining the changing nature of contemporary armed conflict. The book also discusses important recent decisions by international courts and tribunals, tracks the historical development of humanitarian principles in warfare and considers the legal position of states, individuals and non-state groups.Principles of International Humanitarian Law is an important resource for students of international humanitarian law and International law academics, as well as international humanitarian law practitioners.Contents: Preface 1. The Concept of Armed Conflict 2. Sources of International Humanitarian Law 3. Means and Methods of Warfare 4. Protection of Civilians 5. Protection of Combatants Hors de Combat 6. Humanitarianism and Human Rights 7. Liability of States and Non-State Groups 8. Liability of Individuals IndexTrade Review'This is a concise and nuanced overview of International Humanitarian Law (IHL). The structure is unusual. While the book reflects the state of the law with accuracy and sobriety, it nevertheless shows the idealist and philosophical ambitions of the authors. Legal issues are often discussed within a wider moral and ethical context. The authors add many basics on human rights and the enforcement of international law, which are not directly relevant for IHL, but ensure the reader understands the wider picture.' --Marco Sassoli, University of Geneva, SwitzerlandTable of ContentsContents: Preface 1. The Concept of Armed Conflict 2. Sources of International Humanitarian Law 3. Means and Methods of Warfare 4. Protection of Civilians 5. Protection of Combatants Hors de Combat 6. Humanitarianism and Human Rights 7. Liability of States and Non-State Groups 8. Liability of Individuals Index

Read more less

Book SynopsisThis research review discusses traditional and contemporary works by leading scholars in international humanitarian law. It investigates the major themes of the field including the development of international humanitarian law, human rights law, international criminal law, gender-related violence in armed conflict, the changing nature of occupation and cyber war.Table of ContentsContents: Introduction John Cerone PART I Introductory materials A. The Classical Period 1. Hugo Grotius ([1625] 1901), ‘What is Lawful in War’, ‘On the Right of Killing an Enemy in Lawful War, and Committing Other Acts of Hostility’, ‘On the Right to Lay Waste an Enemy’s Country, and Carry off his Effects’, ‘On the Right Over Prisoners of War’, ‘The Right of Killing Enemies, In Just War, To Be Tempered with Moderation and Humanity’, ‘On Moderation in Despoiling an Enemy’s Country’, ‘On Moderation in Making Captures in War’, in The Rights of War and Peace, Including the Law of Nature and of Nations’, Book III, Chapter I, Chapter IV, Chapter V, Chapter VII, Chapter XI, Chapter XII and Chapter XIII [Translated by Archibald Colin Campbell], Washington, DC: M. Walter Dunne, 290–306, 323–331, 332–333, 345–347, 359–364, 365–368, 369–371 B. The Development of International Humanitarian law 2. Frits Kalshoven (1987), ‘The Main Currents: Geneva, The Hague, New York’, in Constraints on the Waging of War, 1st Edition, Chapter 2, Geneva, Switzerland: International Committee of the Red Cross, 7–23 C. The Role of the International Committee of the Red Cross 3. Steven R. Ratner (2011), ‘Law Promotion Beyond Law Talk: The Red Cross, Persuasion, and the Laws of War’, European Journal of International Law, 22 (2), 459–506 PART II Basic Principles A. Scope of Application 4. G. Abi-Saab (1979), ‘The Legal Status of Wars of National Liberation,’ in Wars of National Liberation in the Geneva Conventions and Protocols: Collected Courses of the Hague Academy of International Law 165, Chapter 1, Leiden, the Netherlands: Martinus Nijhoff Publishers, 366–92 5. Theodor Meron (2000), ‘The Humanization of Humanitarian Law’, American Journal of International Law, 94 (2), April, 239–78 6. Hans-Peter Gasser (2002), ‘Acts of Terror, ‘’Terrorism’’ and International Humanitarian Law’, International Review of the Red Cross, 84 (847), September, 547–70 7. Tristan Ferraro (2012), ‘Determining the Beginning and End of an Occupation under Humanitarian Law’, International Review of the Red Cross, 94 (885), Spring, 133–63 B. Distinction and Proportionality 8. Frits Kalshoven (1977), ‘Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts: The Diplomatic Conference, Geneva, 1974–1977’, Netherlands Yearbook of International Law, VIII, 107–35 9. Georg Nolte (2010), ‘Thin or Thick? The Principle of Proportionality and International Humanitarian Law’, Law and Ethics of Human Rights, 4 (2), September, 245–55 10. Michael N. Schmitt (2010), ’The Interpretive Guidance on the Notion of Direct Participation in Hostilities, A Critical Analysis’, Harvard National Security Journal, 1, May, 5–44 11. Nils Melzer (2010), ‘Keeping the Balance between Military Necessity and Humanity: A Response to Four Critiques of the ICRC’s Interpretive Guidance on the Notion of Direct Participation in the Hostilities’, New York University Journal of International Law and Politics 42 (3), Spring, 831–916 C. Combatant Status 12. Major Richard R. Baxter (1951), ‘So-Called “Unprivileged Belligerency": Spies, Guerrillas, and Saboteurs’, British Year Book of International Law, 28, 323-45 13. Charles H.B. Garraway (2007), ‘”Combatants” - Substance or Semantics?’ in M.N Schmitt and J. Pejic (eds), International Law and Armed Conflict: Exploring the Faultlines, Essays in Honour of Yoram Dinstein, Leiden, the Netherlands: Martinus Nijhoff Publishers, 317–34 14. Robert K. Goldman and Brian D. Tittemore (2002), ‘Unprivileged Combatants and the Hostilities in Afghanistan: Their Status and Rights Under International Humanitarian and Human Rights Law’, American Society of International Law Task Force on Terrorism, December, 1–57 PART III Relationships with other bodies of international law A. International Humanitarian Law and International Human Rights Law 15. Françoise J. Hampson (2008), ‘The Relationship between International Humanitarian Law and Human Rights Law from the Perspective of a Human Rights Treaty Body’, International Review of the Red Cross, 90 (871), September, 549-–72 16. John Cerone (2007), ‘Jurisdiction and Power: The Intersection of Human Rights Law and the Law of Non-International Armed Conflict in an Extraterritorial Context’, Israel Law Review, 40 (2), 396–452 B. International Humanitarian Law, International Criminal Law, and Non-State Actors 17. John Cerone (2009), ‘Much Ado about Non-State Actors: The Vanishing Relevance of State Affiliation in International Criminal Law’, San Diego International Law Journal, 10, May, 335–56 PART IV Contemporary Developments and Controversies A. Gender-Related Violence in Armed Conflict 18. Kelly D. Askin (2003), ‘Prosecuting Wartime Rape and Other Gender- Related Crimes under International Law: Extraordinary Advances, Enduring Obstacles’, Berkeley Journal of International Law, 21 (2), 288–349 B. The Changing Nature of Occupation 19. Marco Sassòli (2005), ‘Legislation and Maintenance of Public Order and Civil Life by Occupying Powers’, European Journal of International Law, 16 (4), September, 661–94 20. Carsten Stahn (2007), ‘“Jus ad Bellum”, “Jus in Bello”… “Jus post Bellum?”’, Rethinking the Conception of the Law of Armed Force’, European Journal of International Law, 17 (5), 921–43 21. Kenneth Watkin (2012), ‘Use of Force during Occupation: Law Enforcement and Conduct of Hostilities’, International Review of the Red Cross, 94 (885), Spring, 267–315 C. Targeted Killings 22. David Kretzmer (2005), ‘Targeted Killing of Suspected Terrorists: Extra-Judicial Executions or Legitimate Means of Defence?’, European Journal of International Law, 16 (2), April, 171–212 23. Mary Ellen O’Connell (2011), ‘Remarks: The Resort to Drones Under International Law’, Denver Journal of International Law and Policy, 39 (4), Fall, 585–600 D. Cyber War 24. Knut Dörmann (2005), ‘The Applicability of the Additional Protocols to Computer Network Attacks: An ICRC Viewpoint’, in Karin Byström (ed.), International Expert Conference on Computer Network Attacks and the Applicability of International Humanitarian Law, Stockholm, Sweden: Swedish Ministry for Foreign Affairs, 139–53 Index

Read more less

Book SynopsisThis fascinating Handbook explores the interplay between international human rights law and international humanitarian law, offering expert analysis on the increasingly complex issues surrounding their application in armed conflicts across the world.Contributors to this volume provide a comprehensive treatment of the ongoing relationship between human rights law and humanitarian law, from the historical background and origins of the two bodies of law to their various applications today. Divided into four parts - Historical Background, Common Issues, The Need for a Combined Approach, and Monitoring Mechanisms - the Handbook presents a rich and varied spectrum of original research and thought from some of the brightest minds in the field.This groundbreaking volume will surely have great appeal for anyone with a professional or academic interest in human rights law and humanitarian law, from students to professors to practitioners in the field.Contributors include: G. Bartolini, P. Benvenuti, M. Bothe, A.A. Cançado-Trindade, E. Cannizzaro, J. d'Aspremont, E. David, F. De Vittor, G. Distefano, T. Ferraro, G. Gaggioli, R. Giuffrida, R.K. Goldman, V. Gowlland-Debbas, A.-L. Graf-Brugère, H.-J. Heintze, J.-M. Henckaerts, M. Hertig Randall, I. Ingravallo, W. Kälin, R. Kolb, S. Krähenmann, D. Kuwali, L. Moir, M. Nowak, D. Scalia, E. Schwager, D.L. Tehindrazanarivelo, H. Tigroudja, C. Tomuschat, G. Torreblanca, E. Tranchez, L. Vierucci, C. WiesenerTrade ReviewResearch Handbook on Human Rights and Humanitarian Law examines the interplay between international human rights laws and humanitarian laws, and considers issues involved in their application to armed conflicts around the world. . . college-level students of law and international rights will find it packed with original research and examples from some of the best researchers and thinkers in the field. . . a powerful survey especially recommended for any college-level law library strong in international human rights issues.' --The Midwest Book Review'This volume by Robert Kolb and Gloria Gaggioli, contributed by some of the most renowned experts in the field, devotes an impressive amount of legal analysis to the most diverse aspects of the interplay between international humanitarian law and international human rights law in situations of violence, in theory and practice. It is bound to become an indispensable tool for scholars and practitioners alike.' --Marco Pedrazzi, University of Milan, Italy'Overall, this compendium represents a triumph of thoroughness, dealing with the overlap, contrast, and conflict between IHL and IHRL - as well as their respective relationships with other disciplines - from a variety of angles. . . Students wishing to deepen their Knowledge of human rights, humanitarian law and their points of contact will not be disappointed when selecting this volume from the shelf.' --Ciarán Burke, Journal of International Humanitarian Legal StudiesTable of ContentsContents: Preface PART I: HISTORICAL BACKGROUND 1. The History of International Human Rights Law Maya Hertig Randall 2. Human Rights Law and International Humanitarian Law between 1945 and the Aftermath of the Teheran Conference of 1968 Robert Kolb 3. Theories on the Relationship between International Humanitarian Law and Human Rights Law Hans-Joachim Heintze 4. The Position of Individuals in Public International Law through the Lens of Diplomatic Protection: The Principle and its Transfiguration Giovanni Distefano PART II: COMMON ISSUES 5. The Relationship between International Human Rights and Humanitarian Law: An Overview Vera Gowlland-Debbas and Gloria Gaggioli 6. Extraterritorial Application of the Human Rights to Life and Personal Liberty, Including habeas corpus, During Situations of Armed Conflict Robert K. Goldman 7. Proportionality in the European Convention on Human Rights Enzo Cannizzaro and Francesca De Vittor 8. Human Rights Obligations of Non-state Armed Groups: A Possible Contribution from Customary International Law? Jean-Marie Henckaerts and Cornelius Wiesener 9. Positive Obligations in Human Rights Law During Armed Conflicts Sandra Krähenmann 10. Some Reflections on the Principle of Humanity in its Wide Dimension Antônio Augusto Cançado Trindade 11. Specificities of Human Rights Law and International Humanitarian Law Regarding State Responsibility Christian Tomuschat 12. The Quest for a Non-conflictual Coexistence of International Human Rights Law and Humanitarian Law: Which Role for the lex specialis Principle? Jean d’Aspremont and Elodie Tranchez 13. A lex favorabilis? Resolving Norm Conflicts between Human Rights Law and Humanitarian Law Anne-Laurence Graf-Brugère PART III: THE NEED FOR A COMBINED APPROACH 14. The Law of Occupation and Human Rights Law: Some Selected Issues Tristan Ferraro 15. Humanitarian Assistance to Protect Human Rights and International Humanitarian Law Roberto Giuffrida 16. The Prohibition of Enforced Disappearances: A Meaningful Example of a Partial Merger between Human Rights Law and International Humanitarian Law Gloria Gaggioli 17. ‘Humanitarian Rights’: How to Ensure Respect for Human Rights and Humanitarian Law in Armed Conflicts Dan Kuwali 18. Human Rights Law and International Humanitarian Law as Limits for Security Council Action Michael Bothe 19. UN Territorial Administrations: Between International Humanitarian Law and Human Rights Law Ivan Ingravallo 20. International Humanitarian Law and Human Rights Rules in Agreements Regulating or Terminating an Internal Armed Conflict Luisa Vierucci PART IV: MONITORING MECHANISMS 21. Universal Human Rights Bodies and International Humanitarian Law Walter Kälin 22. The Inter-American Court of Human Rights and International Humanitarian Law Hélène Tigroudja 23. The European Court of Human Rights and International Humanitarian Law Lindsay Moir 24. The African Union and International Humanitarian Law ‪Djacoba Liva Tehindrazanarivelo 25. A New World Court of Human Rights: A Role for International Humanitarian Law? Manfred Nowak 26. The International Committee of the Red Cross and Human Rights Law ‪Godofredo Torreblanca 27. The International Humanitarian Fact-Finding Commission and the Law of Human Rrights Eric David 28. Human Rights in the Context of International Criminal Law: Respecting Them and Ensuring Respect for Them Damien Scalia 29. Is There a Need for New International Humanitarian Law Implementation Mechanisms? Paolo Benvenuti and Giulio Bartolini 30. Reparation for Individual Victims of Armed Conflict Elke Schwager Index

Read more less

Book SynopsisThis book provides a clear and concise explanation of the central principles of international humanitarian law (or the law of armed conflict) while situating them in a broader philosophical, ethical and legal context.The authors consider a range of wider issues relevant to international humanitarian law, including its ethical foundations, relationship to other bodies of international law and contemporary modes of enforcement. This helps to develop a richer context for understanding the law of war and a sound basis for examining the changing nature of contemporary armed conflict. The book also discusses important recent decisions by international courts and tribunals, tracks the historical development of humanitarian principles in warfare and considers the legal position of states, individuals and non-state groups.Principles of International Humanitarian Law is an important resource for students of international humanitarian law and International law academics, as well as international humanitarian law practitioners.Contents: Preface 1. The Concept of Armed Conflict 2. Sources of International Humanitarian Law 3. Means and Methods of Warfare 4. Protection of Civilians 5. Protection of Combatants Hors de Combat 6. Humanitarianism and Human Rights 7. Liability of States and Non-State Groups 8. Liability of Individuals IndexTrade Review'This is a concise and nuanced overview of International Humanitarian Law (IHL). The structure is unusual. While the book reflects the state of the law with accuracy and sobriety, it nevertheless shows the idealist and philosophical ambitions of the authors. Legal issues are often discussed within a wider moral and ethical context. The authors add many basics on human rights and the enforcement of international law, which are not directly relevant for IHL, but ensure the reader understands the wider picture.' --Marco Sassoli, University of Geneva, SwitzerlandTable of ContentsContents: Preface 1. The Concept of Armed Conflict 2. Sources of International Humanitarian Law 3. Means and Methods of Warfare 4. Protection of Civilians 5. Protection of Combatants Hors de Combat 6. Humanitarianism and Human Rights 7. Liability of States and Non-State Groups 8. Liability of Individuals Index

Read more less

Book SynopsisThe twenty-five years following the conclusion of the Cold War witnessed an unprecedented intensification of the usage of UN sanctions. This Research Handbook maps how UN sanctions multiplied and diversified during this period and analyses the substantive and procedural transformations to UN sanctions regimes, through the lens of international law. Expert contributors explore different types of UN sanctions regimes, most notably counter-terrorism regimes, counter-proliferation regimes and conflict-resolution regimes. They trace developments across these regimes, such as increased references to international legal standards in sanctions design and procedure as well as interplays with other processes and informal arrangements. Key chapters also specifically examine synergies between UN sanctions and unilateral measures and explore the different legal frameworks that shape and govern these respective regimes. Offering a holistic study of UN sanctions, this Research Handbook identifies cross-cutting issues and common challenges in order to provide an outlook on the future of UN sanctions in a 21st century setting. Comprehensive and engaging, students and scholars of international law and human rights law, as well as international relations more widely, will find this book an essential companion. Its forward-thinking approach will also benefit legal practitioners at the UN, other international organisations and law firms.Contributors include: M. Azeredo da Silveira, K. Boon, A. Broodryk, C. Cai, D. Dam-de Jong, E. De Brabandere, A. du Plessis, P.-E. Dupont, S.E. Eckert, W. Ferdinandusse, L. Ginsborg, M. Happold, D. Holloway, D. Hovell, D. Joyner, M. Kanetake, J. Levitt, A. Mitchell, P. Nevill, K. Prost, P. Rademakers, A. Rodiles, T. Ruys, M. SossaiTrade Review'Taking stock of 25 years of UN sanctions, this Research Handbook offers new perspectives on one of international law's ''evergreen'' topics. Whereas much of the literature on sanctions is too fine-grained and technical, this Research Handbook combines detailed assessments of particular sanctions regimes with a high-level analysis of the main developments in UN practice. A very welcome addition to the Elgar Research Handbook series!' --Christian J. Tams, University of Glasgow, UKTable of ContentsContents: Introduction 1. The individualization and formalization of UN sanctions Larissa van den Herik Part I Conceptualization and effectiveness of UN sanctions 2. Sanctions, retortions and countermeasures: concepts and international legal framework Tom Ruys 3. The evolution and effectiveness of UN targeted sanctions Sue E. Eckert Part II The functions of UN sanctions 4. UN sanctions and counter-terrorism strategies: moving towards thematic sanctions against individuals? Lisa Ginsborg 5. UN counter-proliferation sanctions and international law Daniel H. Joyner 6. UN sanctions as human rights and humanitarian law devices Matthew Happold 7. UN natural resources sanctions regimes: incorporating market-based responses to address market-driven problems Daniëlla Dam-de Jong Part III Design and procedure governing UN sanctions 8. The design of UN sanctions through the interplay with informal arrangements Alejandro Rodiles 9. Glasnost in the Security Council: the value of transparency Devika Hovell 10. Security Council sanctions and fair process Kimberly Prost 11. Timing matters: termination policies for UN sanctions Kristen E. Boon Part IV Interplay with other regimes 12. UN sanctions and international financial institutions Pierre-Emmanuel Dupont 13. Sanctions and the World Trade Organization Andrew D. Mitchell 14. Sanctions and international arbitration Eric De Brabandere and David Holloway 15. Economic sanctions and contractual disputes between private operators Mercédeh Azeredoh da Silveira 16. The prosecution of sanctions busters Ward Ferdinandusse and Pieter Rademakers Part V Regional perspectives 17. UN sanctions and regional organizations: an analytical framework Mirko Sossai 18. Interpretation and review of UN sanctions by European courts: comity and conflict Penelope Nevill 19. Chinese and Japanese perspectives on UN sanctions Machiko Kanetake and Congyan Cai 20. African perceptions of UN sanctions Amelia Broodryk and Anton du Plessis 21. UN sanctions and peace construction in West Africa Jeremy I. Levitt Index

Read more less

Book SynopsisThe practice of armed conflict has changed radically in the last decade. With eminent contributors from legal, government and military backgrounds, this Research Handbook addresses the legal implications of remote warfare and its significance for combatants, civilians, policymakers and international lawyers.Primarily focused on the legality of all forms of remote warfare, including targeted killings by drone, cyber-attacks, and autonomous weapons, each chapter gives a compelling insight beyond the standard and reactionary criticisms of these technologies. Current assumptions of remote warfare are challenged and discussed from a variety of international perspectives. These include governing the use of force, humanitarian law, criminal law, and human rights law. Contributors consider the essential features of current warfare regulations, and test their strength for controlling these new technologies. Suggestions are made for the future development of law to control the limits of modern remote warfare, with a particular focus on the possibility of autonomous weapons. This is an essential read for academics and students of jus ad bellum, international humanitarian law, criminal law and human rights. Students of political science, governance and military studies will also find this a thought-provoking insight into modern warfare techniques and the complex legal issues they create. Contributors include: W. Banks, G. Corn, E. Crawford, A. Cullen, L. Davies-Bright, G. Gaggioli, R. Geiß, T.D. Gill, R. Heinsch, I.S. Henderson, P. Keane, M. Klamberg, H. Lahmann, J. Liddy, P. Margulies, M.W. Meier, J.D. Ohlin, M. Roorda, J. van Haaster, N. WhiteTrade Review'In an oversaturated market, it is very difficult to say anything new or interesting about drones, autonomous weapons systems, and cyberwarfare. This new Research Handbook, however, proves the happy exception. Jens Ohlin's collection, which brings together some of the most innovative scholars in public international law, makes brilliant use of the concept of ''remoteness'' to interrogate how these means and methods of warfare are often merely new variations on old themes - but are also in some ways radically new, challenging some of our deepest legal and normative assumptions about the nature of war.' --Kevin Jon Heller, SOAS, University of London, UK and University of Amsterdam, the Netherlands'Professor Ohlin has brought together a diverse group of talented scholars and practitioners to assess drones, cyber operations, and autonomous systems from a completely novel perspective - remoteness. In doing so, he and his team shed new and important light on topics that lie at the heart of future conflict. Additionally, by focusing on remoteness, this Handbook breaks loose from the intellectual stove-piping that characterizes our often-predictable assessments of emergent methods and means of warfare. It yields valuable insights into a characteristic of weaponry and tactics that will increasingly define warfare in the decades to come. It is a must-read for anyone concerned with international law in the battlespace.' --Michael Schmitt, University of Exeter, UK'A highly original volume entering a very crowded field, its conceptual focus and the expertise of its contributors will make it a valuable addition to any legal discussion of remote and autonomous warfare. Despite the exceptional daily pace of technological advances, the Handbook's chapters will have a long shelf-life and will inevitably influence some of the most intense controversies of the modern law of armed conflict.' --Marko Milanovic, University of Nottingham, UKTable of ContentsContents: Introduction Part I The Concept of Remoteness in Warfare 1. Remoteness and Reciprocal Risk Jens David Ohlin 2. The Principle of Distinction and Remote Warfare Emily Crawford 3. Modern Drone Warfare and the Geographical Scope of Application of IHL: Pushing the Limits of Territorial Boundaries Robert Heinsch 4. The Characterisation of Remote Warfare under International Humanitarian Law Anthony Cullen 5. Remoteness and Human Rights Law Gloria Gaggioli 6. Exploiting Legal Thresholds, Fault-Lines and Gaps in the Context of Remote Warfare Mark Klamberg Part II Remotely Piloted Vehicles and Cyber Weapons 7. Drone Strikes: A Remote Form of Self-Defence? Nigel D. White and Lydia Davies-Bright 8. Drone Warfare and the Erosion of Traditional Limits on War Powers Geoffrey Corn 9. Developing Norms for Cyber Conflict William C. Banks 10. Some Legal and Operational Considerations Regarding Remote Warfare: Drones and Cyber Warfare Revisited Terry D. Gill, Jelle van Haaster, and Mark Roorda Part III Remoteness Through Autonomous Weapons 11. Remote and Autonomous Warfare Systems: Precautions in Attack and Individual Accountability Ian S. Henderson, Patrick Keane and Josh Liddy 12. Autonomous Weapons Systems: A Paradigm Shift for the Law of Armed Conflict Robin Geiß and Henning Lahmann 13. Making Autonomous Targeting Accountable: Command Responsibility for Computer-Guided Lethal Force in Armed Conflicts Peter Margulies 14. The Strategic Implications of Lethal Autonomous Weapons Michael W. Meier Index

Read more less

Book SynopsisThe practice of armed conflict has changed radically in the last decade. With eminent contributors from legal, government and military backgrounds, this Research Handbook addresses the legal implications of remote warfare and its significance for combatants, civilians, policymakers and international lawyers.Primarily focused on the legality of all forms of remote warfare, including targeted killings by drone, cyber-attacks, and autonomous weapons, each chapter gives a compelling insight beyond the standard and reactionary criticisms of these technologies. Current assumptions of remote warfare are challenged and discussed from a variety of international perspectives. These include governing the use of force, humanitarian law, criminal law, and human rights law. Contributors consider the essential features of current warfare regulations, and test their strength for controlling these new technologies. Suggestions are made for the future development of law to control the limits of modern remote warfare, with a particular focus on the possibility of autonomous weapons. This is an essential read for academics and students of jus ad bellum, international humanitarian law, criminal law and human rights. Students of political science, governance and military studies will also find this a thought-provoking insight into modern warfare techniques and the complex legal issues they create. Contributors include: W. Banks, G. Corn, E. Crawford, A. Cullen, L. Davies-Bright, G. Gaggioli, R. Geiß, T.D. Gill, R. Heinsch, I.S. Henderson, P. Keane, M. Klamberg, H. Lahmann, J. Liddy, P. Margulies, M.W. Meier, J.D. Ohlin, M. Roorda, J. van Haaster, N. WhiteTrade Review'In an oversaturated market, it is very difficult to say anything new or interesting about drones, autonomous weapons systems, and cyberwarfare. This new Research Handbook, however, proves the happy exception. Jens Ohlin's collection, which brings together some of the most innovative scholars in public international law, makes brilliant use of the concept of ''remoteness'' to interrogate how these means and methods of warfare are often merely new variations on old themes - but are also in some ways radically new, challenging some of our deepest legal and normative assumptions about the nature of war.' --Kevin Jon Heller, SOAS, University of London, UK and University of Amsterdam, the Netherlands'Professor Ohlin has brought together a diverse group of talented scholars and practitioners to assess drones, cyber operations, and autonomous systems from a completely novel perspective - remoteness. In doing so, he and his team shed new and important light on topics that lie at the heart of future conflict. Additionally, by focusing on remoteness, this Handbook breaks loose from the intellectual stove-piping that characterizes our often-predictable assessments of emergent methods and means of warfare. It yields valuable insights into a characteristic of weaponry and tactics that will increasingly define warfare in the decades to come. It is a must-read for anyone concerned with international law in the battlespace.' --Michael Schmitt, University of Exeter, UK'A highly original volume entering a very crowded field, its conceptual focus and the expertise of its contributors will make it a valuable addition to any legal discussion of remote and autonomous warfare. Despite the exceptional daily pace of technological advances, the Handbook's chapters will have a long shelf-life and will inevitably influence some of the most intense controversies of the modern law of armed conflict.' --Marko Milanovic, University of Nottingham, UKTable of ContentsContents: Introduction Part I The Concept of Remoteness in Warfare 1. Remoteness and Reciprocal Risk Jens David Ohlin 2. The Principle of Distinction and Remote Warfare Emily Crawford 3. Modern Drone Warfare and the Geographical Scope of Application of IHL: Pushing the Limits of Territorial Boundaries Robert Heinsch 4. The Characterisation of Remote Warfare under International Humanitarian Law Anthony Cullen 5. Remoteness and Human Rights Law Gloria Gaggioli 6. Exploiting Legal Thresholds, Fault-Lines and Gaps in the Context of Remote Warfare Mark Klamberg Part II Remotely Piloted Vehicles and Cyber Weapons 7. Drone Strikes: A Remote Form of Self-Defence? Nigel D. White and Lydia Davies-Bright 8. Drone Warfare and the Erosion of Traditional Limits on War Powers Geoffrey Corn 9. Developing Norms for Cyber Conflict William C. Banks 10. Some Legal and Operational Considerations Regarding Remote Warfare: Drones and Cyber Warfare Revisited Terry D. Gill, Jelle van Haaster, and Mark Roorda Part III Remoteness Through Autonomous Weapons 11. Remote and Autonomous Warfare Systems: Precautions in Attack and Individual Accountability Ian S. Henderson, Patrick Keane and Josh Liddy 12. Autonomous Weapons Systems: A Paradigm Shift for the Law of Armed Conflict Robin Geiß and Henning Lahmann 13. Making Autonomous Targeting Accountable: Command Responsibility for Computer-Guided Lethal Force in Armed Conflicts Peter Margulies 14. The Strategic Implications of Lethal Autonomous Weapons Michael W. Meier Index

Read more less

Book SynopsisCivil wars have formed the vast majority of all armed conflicts since the Second World War. These civil wars have often been accompanied by the intervention of foreign states in favour of one or more of the parties. Such interventions raise various general questions regarding conflict classification in international humanitarian law (IHL), which are important because the relevant law that applies is shaped by whether a conflict is classified as international or non-international. This book provides a thorough examination of the theoretical basis of classification of conflicts in IHL, with special focus on the legal impact of armed foreign intervention in civil wars. Noam Zamir enriches the discourse on IHL by providing an in-depth doctrinal examination of issues concerning conflict classification and examining recent civil wars with foreign interventions, such as the Libyan civil war (2011), Mali civil war (2012-2015) and the ongoing civil war in Yemen, and identifying potential solutions to different lacunae in this field. The issue of conflict classification has significant practical ramifications and this book will have a wide and varied readership, including legal scholars, law students and governmental and military lawyers.Trade Review'This is a well-informed and topical addition to the literature on the classification of armed conflicts. Dr Zamir's analysis is grounded in a lucid assessment of state practice and benefits from in-depth knowledge of international law and the law of armed conflict.' --(Guglielmo Verdirame, King's College London)Table of ContentsContents: 1. The History of the Distinction Between International and Non-International Armed Conflicts 2. The Distinction Between International and Non-International Armed Conflicts 3. Direct Foreign Military Intervention in Civil Wars 4. Indirect Foreign Interventions in Civil Wars 5. Representation of States and Reclassification of Ongoing Armed Foreign Interventions Due to a Governmental Change 6. international Organisations and Foreign Interventions in Civil Wars 7. Case Study: The Armed Conflicts in Yemen (2015-Ongoing) Index

Read more less

Book SynopsisThis book provides a comprehensive and detailed analysis of the nature, content and scope of the rules regulating the use of force in international law as they are contained in the United Nations Charter, customary international law and international jurisprudence.The book's scope is broad and covers the prohibition on the threat or use of force; the use of force in self-defence; the use of force as part of the United Nations collective security system; the use of force by regional organisations; the use of force in peacekeeping operations; the use of force for humanitarian purposes; the use of force by invitation; armed reprisals; the use of force by and against non-State actors; and the use of force in cyberspace. The book takes an insightful look at the rules regulating the use of force as they are called upon to apply to changing and challenging circumstances such as the emergence of non-State actors, security risks, new technologies and moral considerations. Its arguments balance the interests of stability and change in order to enhance international law's regulatory potential regarding the use of force.This book is an important resource for students and scholars of international law, the use of force and collective security and for practitioners involved in the interpretation and application of these legal frameworks.Trade Review‘The book is a worthwhile contribution to the literature on the legal regulation of the use of force and will be useful both to the expert and the relative novice in this field. Its contribution lies in the depth of argument on most issues and the expertise of the authors, alongside the clarity of their presentation of often complex issues in an accessible form.’ -- T D Gill, The British Yearbook of International Law'Professors Buchan and Tsagourias have produced an exceptional exploration of how the international legal system regulates force. They expertly consider the subject from historical, contemporary and future perspectives. Students, scholars and practitioners alike will benefit from this full-spectrum study of how the UN Charter framework interacts and evolves with customary and other supplemental legal sources. They adroitly integrate political and moral considerations without compromising the rigour of their legal work to produce a formidable and lasting contribution to this challenging field of law.' -- Professor Sean Watts, United States Military Academy at West Point, US'A compelling review and reassessment of the jus ad bellum, which fully takes account of the dramatically changing landscape of international relations, the erosion of state sovereignty and the emergence of new technologies.' -- Professor Nigel D. White, University of Nottingham, UK'This is a lively, readable and concise account of the regulation of the use of force, bursting with contemporary examples. The use of force is perhaps the most contentious area of international law, its terms being loaded with presuppositions about law, politics and social relations. The authors present the material clearly for our assessment, while their present voice reminds us that there can be no finite answers to these difficult questions.' -- Professor Pål Wrange, Stockholm Centre for International Law and Justice, Stockholm University, SwedenTable of ContentsContents: Introduction 1. Historical development of the jus ad bellum 2. The prohibition on the threat or use of force 3. The right of individual and collective self-defence 4. Other forms of the use of force: humanitarian intervention, armed reprisals and intervention by invitation 5. Cyber attacks, use of force and self-defence 6. The United Nations collective security system and the use of force 7. Regional organisations, collective security and the use of force 8. Peacekeeping operations 9. International law on the use of force: quo vadis? Bibliography Index

Read more less

Book SynopsisThe law on the use of force in relation to the maintenance of international peace remains one of the most important areas of international law and international relations to date. Rather than simply provide another factual account of the law in this area, this detailed and analytical book seeks to explore its normative aspects.Rooted in public international law, the book provides insight into the historical evolution and sociological environment of this particular branch of law. The competences and practice of the UN and of regional organizations in maintaining peace are examined before the focus is shifted to the inter-State level, the main non-use of force rule and its claimed or recognized exceptions. Robert Kolb analyses each of these rules separately, before concluding with insightful reflections on the current state-of-play and considerations for future developments.Inquiring, yet practical, this book will appeal to students and scholars studying both international law and international relations, particularly with regard to peace and conflict. It will also be of interest to government officials working in the field.Trade Review'In our war-torn world, this book renews our understanding of the importance of peace as a legal and moral norm. It also provides the most comprehensive discussion of how and why the international law against war works to achieve peace. No scholar, student, government official or concerned person should fail to consult it.' --Mary Ellen O'Connell, University of Notre Dame, USTable of ContentsContents: Foreword PART I General features and historic development of the law of and against war - jus contra bellum 1. General features 2. The historic development of limitations on recourse to force: Main periods in which the jus ad bellum has come under pressure 3. Overview: state of the law in 1939 PART II Powers of the organised collectivity (particularly the UN Security Council) 4. Scheme and structure of the UN Charter 5. Chapter VII of the Charter: coercive powers of the Security Council 6. Executing (by force?) a judgment of the International Court of Justice 7. The exercise of parallel competences by the Security Council and the International Court of Justice 8. The binding character of Security Council decisions under Chapter VII or under Article 94 § 2 of the Charter ; Article 50 of the Charter 9. Classic and robust peacekeeping operations 10. Chapter VII of the Charter and neutrality PART III The prohibition against the use of force and exceptions for individual States 11. The prohibition against the use of force: Article 2 § 4 of the Charter 12. Exceptions to the prohibition against the use of force 13. Peaceful change 14. General conclusions Bibliography Index

Read more less

Book SynopsisThis Research Handbook is of great importance in an era where torture, whilst universally condemned, remains endemic. It explores the nature of the international prohibition of torture and the various means and mechanisms which have been put in place by the international community in an attempt to make that prohibition a reality.Edited by Chairs of the UN Committee against Torture and of the UN Subcommittee for Prevention of Torture, this Research Handbook considers both the legal and medical dimensions of torture, as well as societal and philosophical perspectives. Contributions from experts with personal experience of working with torture victims and survivors in medical, legal and political settings survey practice within the UN and regional human rights systems, international criminal and domestic legal settings, and in medical and rehabilitative contexts. These expert perspectives combine to offer a unique range of insights into the realities of tackling torture in the contemporary world.Critical and timely, the Research Handbook on Torture will prove compulsive reading for students and scholars of human rights. Its practical dimension will also engage practitioners in the field, as well as legal and medical professionals working on torture-related issues.Trade Review‘The Research Handbook on Torture is a staggeringly valuable collection of essays that more than satisfies the promise of its title ... how incredibly valuable this book will be to anyone who works on the legal and medical issues that torture generates.’ -- John T. Parry, Criminal Law and Criminal JusticeTable of ContentsContents: 1. Addressing Torture: An Introduction Malcolm Evans and Jens Modvig 2. The Ticking Bomb Scenario: Evaluating Torture as an Interrogation Method Michelle Farrell 3. Effective Torture Prevention Richard Carver and Lisa Handley 4. Fragility, States and Torture Tobias Kelly, Steffen Jensen and Morten Koch Andersen 5. An Overview of International Protection Moritz Birk and Manfred Nowak 6. Torture and ill treatment: The United Nations Human Rights Committee Christof Heyns, Carmen Rueda and Daniel du Plessis 7. The Committee Against Torture: Implementing the Prohibition against Torture Felice Gaer 8. The Mandate of the Special Rapporteur on Torture: Role, Contributions, and Impact Juan E. Méndez and Andra Nicolescu 9. The Council of Europe and the European System Christine Bicknell 10. The prohibition of torture and cruel, inhuman or degrading treatment or punishment in the Inter-American Human Rights System: Systems, Methods and Recent Trends Diego Rodríguez-Pinzón 11. Ensuring Freedom from Torture under the African Human Rights System Lawrence Murugu Mute 12. The Prevention of Torture Malcolm D Evans 13. International Law, Crime and Torture Robert Cryer 14. The use of information obtained by torture or other ill-treatment Matt Pollard 15. Torture and Non Refoulement Carla Ferstman 16. Universal and Extraterritorial Jurisdiction for Torture Lutz Oette 17. Foreign State Immunities as a Barrier to Accessing Remedies Lorna McGregor 18. Torture and International Medical Ethics Standards Vivienne Nathanson 19. Torture Methods and their Health Impact José Quiroga and Jens Modvig 20. Psychological Torture Pau Pérez-Sales 21. Medico-Legal Documentation of Torture and Ill Treatment Vincent Iacopino 22. Rehabilitation in Article 14 of the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment Nora Sveaass, Felice Gaer, and Claudio Grossman 23. Psychological care for torture survivors, their families and communities Nimisha Patel 24. Treating pain after torture Kirstine Amris, Lester E Jones and Amanda Williams 25. Perspectives: A Series of Reflections on the Current Realities of Torture and Ill-Treatment (A) Torture in the 21st Century: 3 stories, 3 lessons Yuval Ginbar (B) Torture Today Tom Porteous (C) Some Reflections on Torture Prevention Barbara Bernath Index

Read more less

Book SynopsisAlthough child soldiers have received considerable media and policy attention, they remain poorly understood and inadequately protected. This Research Handbook addresses this troubling gap by offering a reflective and nuanced review of the complex issue of child soldiering. Containing original contributions from leading experts in many disciplines working across six continents, this comprehensive Handbook showcases diverse experiences and unique perspectives. The Handbook unpacks the life-cycle of youth and militarization: from recruitment, to demobilization, and return to civilian life. Challenging prevailing assumptions and conceptions, this uplifting Handbook focuses on the child soldier's capacity to cope with adversity. In so doing, it emphasizes the resilience, humanity and potential of children affected - rather than 'afflicted' - by armed conflict. The Research Handbook on Child Soldiers will be of interest to academics, practitioners and activists alike, with its extensive incorporation of cutting-edge fieldwork and the voices of the children themselves. Promoting equity between generations, this Handbook will also appeal to individuals from many walks of life who are concerned with the rights of the child in times of conflict, peace, and the in-between.Trade Review'The Research Handbook on Child Soldiers is well balanced, and is less on abstractions and philosophizing, and more on offering erudite principle based solutions in respect of our efforts to conceptualise and understand child soldiers across disciplinary and professional divides. True to form, it also charts the way forward as the international community grapples with the ever changing nature of conflict. This book is not so much an idea whose time has come as it is an idea whose time is long overdue in coming.' --Benyam Mezmur, University of the Western Cape, South Africa'For this Research Handbook, Mark Drumbl and Jastine Barrett have assembled an array of scholars, drawn from six continents, and expert in multiple fields of law, humanities, and social sciences. Their writings deploy methodologies as varied as empirical study and doctrinal analysis in order to examine situations of armed conflict and other systemic violence, across a temporal spectrum of past, present, and future. Together, these contributions place this exciting volume at the vanguard of scholarship on child soldiers.' --Diane Marie Amann, University of Georgia, School of Law, US'This Research Handbook of vivid research on child soldiers memorably exposes how some youth engaged in armed conflicts forget they are still children. Contributors from six continents bring rich expertise in law, sociology, ethnography, social work, psychology, political science, criminology, medical anthropology, and literary analysis to the cultural and political contexts for recruiting minors by armed groups and by national military organizations. Beyond dominant images of child soldiers as either merely passive victims or as violent terrors, the authors point toward legal and cultural reforms with the further caution against doing further harm.' --Martha Minow, Harvard University, USTable of ContentsContents: Preface Introduction Mark A. Drumbl and Jastine C. Barrett PART I THE CONCEPT AND CONSTRUCTION OF THE CHILD SOLDIER 1. In Search of the Lost Kingdom of Childhood Mohamed Kamara 2. Challenges for the Protection of Child Victims of Recruitment and Use in an Era of Complex Armed Conflicts: The Colombian Case Ana María Jiménez 3. The Construction of Gender in Child Soldiering in the Special Court for Sierra Leone Valerie Oosterveld 4. ‘We Were Controlled, We Were Not Allowed to Express Our Sexuality, Our Intimacy Was Suppressed’: Sexual Violence Experienced by Boys Omer Aijazi, Evelyn Amony and Erin Baines 5. Getting Tambo Out of Limbo: Exploring Alternative Legal Frameworks that are More Sensitive to the Agency of Children and Young People in Armed Conflict Karl Hanson and Christelle Molima 6. This is Belonging: Children and British Military Recruitment Rhys Crilley PART II CONDUCT: AGENCY, CAPACITY AND RESILIENCE 7. Child Soldiers in Historical and Comparative Perspective: Creating a Space for Data-Driven Analysis David M. Rosen 8. The Voiceless Child Soldiers of Afghanistan Anicée Van Engeland 9. Weaponizing the Weak: The Role of Children in Terrorist Groups Mia Bloom 10. Retracing the Journey of Child Soldiers and Looking for the Path to Return Them Home: A Report from Southern Philippines David N. Almarez, Ajree D. Malawani, Sittie Akima A. Ali, Princess Mae S. Chua and Primitivo C. Ragandang III 11. Children Born of Conflict-Related Sexual Violence within Armed Groups - A Case Study of Northern Uganda Myriam Denov 12. Social Reintegration Following Armed Conflict in Northern Uganda: How Former Child Soldier Young Mothers Use Symbolic Tools Fiona Shanahan and Angela Veale PART III ENCOUNTERS WITH THE LAW 13. The Regional African Legal Framework on Children: A Template for More Robust Action on Children and Armed Conflict? Godfrey Odongo 14. Minors and Miners: Accountability Beyond Child Soldiering in the Democratic Republic of Congo Sharanjeet Parmar and Yann Lebrat 15. Crimes Committed by Child Soldiers: An Argument for Coherence Nikila Kaushik and Steven Freeland 16. Child Soldiers in International Courtrooms: Unqualified Perpetrators, Erratic Witnesses and Irreparable Victims? Barbora Holá and Thijs B. Bouwknegt 17. Dominic Ongwen on Trial: Problematizing Definitional Boundaries and Exploring the Possibilities of Socialization Carse Ramos 18. Child Soldiers and Asylum – Duality or Dilemma? Joseph Rikhof PART IV AFTERWORLD(S)/AFTERWARDS: TRANSITIONAL JUSTICE AND BEYOND 19. Navigating the Mystical: Child Soldiers and Reintegration Rituals in Northern Uganda Jastine C. Barrett 20. Child Agency and Resistance to Discourses within the Paris Principles in Rehabilitation and Reintegration Processes of Former Child Soldiers in Northern Uganda Grace Akello 21. Children Associated with Boko Haram: Disassociation, Protection, Accountability and Reintegration Stuart Casey-Maslen 22. Do No Harm: How Reintegration Programmes for Former Child Soldiers Can Cause Unintended Harm Michael G. Wessells 23. How to Find the ‘Hidden’ Girl Soldier? Two Sets of Suggestions Arising from Liberia Leena Vastapuu Epilogue Nesam McMillan Index

Read more less

Book SynopsisThe permanent five (P5) members of the United Nations Security Council ? China, France, Russia, the UK, and the USA - have a firm duty to prevent genocide in light of the due diligence standard under conventional, customary, and peremptory international law. This perceptive book explores the positive obligations of these states to act both within and without the Security Council context to prevent or suppress imminent or on-going genocide.John Heieck successfully argues why the duty to prevent genocide is not only a customary, but also an absolute norm of international law, and analyses the scope of the due diligence standard regarding the duty to prevent genocide. In doing so, he considers the ramifications of this on the actions of the P5 members of the Security Council, both within and outside of this eminent body. Significantly, Heieck proposes a legal test for identifying jus cogens norms, and explores the effect of these on the actions and omissions of specifically identified members of the United Nations (UN).Topical and insightful, A Duty to Prevent Genocide will be an important read for both academics and students of international law and politics who wish to further understand the legal nature of the duty of the P5 members to prevent genocide. It will also provide valuable insights for policymakers of the P5 member states.Trade Review'This is a closely argued and well-written book, which combines a firm grasp of controversial issues in international law, with a genuine and enthusiastic originality. Heieck's focus is the duty to prevent genocide. He asks the question how this duty affects the bedrock principle of the current international order - the prohibition of the use of force. Highly recommended for students and scholars of international law.' --Bill Bowring, University of London, UK'John Heieck wades into one of the murkiest and most politically fraught issues of our time - what the duty to prevent genocide requires of states, particularly the members of the P5 - and does so with aplomb. Future scholarship on genocide will ignore this brave and intelligent book at its peril.' --Kevin Jon Heller, University of Amsterdam, the NetherlandsTable of ContentsContents: Introduction 1. The P5’s Duty to Prevent Genocide under the Genocide Convention 2. The P5’s Duty to Prevent Genocide under Customary International Law 3. The Conflict between the P5’s Duty to Prevent Genocide and the P5’s Rights and Duties under Conventional and Customary International Law 4. Resolving the Conflict between the P5’s Duty to Prevent Genocide and the P5’s Rights and Duties under Conventional and Customary Law Conclusion Bibliography Index

Read more less

Book SynopsisProviding up-to-date discussions of both evolving and novel debates in human rights law and humanitarian law, this timely new edition of the Research Handbook on Human Rights and Humanitarian Law complements, rather than replaces, its predecessor with fresh perspectives from leading scholars on the controversial and crucial topics within these fields.Examining the application of international law to armed conflict situations, contributors present contemporary reflections on a variety of issues that have evolved and emerged in recent years. Chapters integrate a multitude of converging and diverging perspectives on international law in armed conflict, giving voice to stakeholders from academic, humanitarian, judicial, and military backgrounds. Grounded in the results from extensive cutting-edge research on various topics pertaining to the interplay between human rights law and humanitarian law, this Research Handbook illuminates the role of international law in topics such as counterterrorism, tribunals, detention and detainee transfer, sexual and gender-based violence, and torture.Breaking down major and recent international and domestic jurisprudence in an accessible format, this Research Handbook will prove invaluable to students and scholars of human rights and international humanitarian law. With practical examples, it will also act as a useful reference guide to practitioners and humanitarian workers in the field.Trade Review‘An essential Research Handbook examining some of the most relevant contemporary legal problems, assembling some of the leading figures in the field.’ -- Marko Milanovic, University of Nottingham, UKTable of ContentsContents: Introduction to the Research Handbook on Human Rights and Humanitarian Law 1 Robert Kolb, Gloria Gaggioli and Pavle Kilibarda PART I CONVERGING AND DIVERGING PERSPECTIVES SECTION A ACADEMIC PERSPECTIVES 1 Co-application and harmonization of IHL and IHRL: are rumours about the death of lex specialis premature? 9 Yuval Shany 2 Are IHL and HRL still two distinct branches of public international law? 29 Vaios Koutroulis 3 Treaty interpretation: international humanitarian law and international human rights law 57 Eirik Bjorge 4 The principles of military necessity and humanity in light of international human rights law 76 Marco Pedrazzi SECTION B MILITARY PERSPECTIVES 5 UN peace operations, international humanitarian law and international human rights law 91 Marten Zwanenburg 6 Private military and security companies under international humanitarian law and human rights law 111 Marie-Louise Tougas 7 Naval warfare: a role for international human rights law? 131 Wolff Heintschel von Heinegg 8 NATO, self-defence and its interplay with international humanitarian law and human rights law 144 Camilla Guldahl Cooper SECTION C JUDICIAL PERSPECTIVES 9 The International Court of Justice, international humanitarian law and human rights law 168 Pavle Kilibarda and Robert Kolb 10 Human rights bodies: a comparative approach 188 Walter Kälin and Jörg Künzli 11 International criminal courts and tribunals 209 Yasmin Naqvi SECTION D HUMANITARIAN PERSPECTIVES 12 Developing and clarifying international humanitarian law: the role and legacy of the ICRC 240 Knut Dörmann and Andrea Raab 13 International human rights law and non-State armed groups: The (de) construction of an international legal discourse 265 Ezequiel Heffes PART II CONTEMPORARY ISSUES: CAPITA SELECTA SECTION E OLD TOPICS, NEW CONCERNS 14 The use of less-lethal weapons for law enforcement during armed conflict 290 Stuart Casey-Maslen, Christof Heyn and Thomas Probert 15 What role for IHL and HRL in the fight against terrorist networks? 309 Gloria Gaggioli and Ilya Sobol 16 Investigations in armed conflict 340 Claire Simmons 17 Taking the next steps on sexual and gender-based violence in international humanitarian law: embracing complementarity and mainstreaming gender 362 Helen Durham and Vanessa Murphy SECTION F FUNDAMENTAL RIGHTS 18 Partnering in detention and detainee transfer operations 387 Tilman Rodenhäuser 19 Non-discrimination under international humanitarian law and human rights law 411 George Dvaladze 20 Torture and other cruel, inhuman or degrading treatment or punishment in international law: towards a generic definition? 436 Pavle Kilibarda 21 The rights to privacy and data protection under international humanitarian law and human rights law 463 Asaf Lubin List of treaties 493 List of cases 496 Index

Read more less

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.By exploring the relationship between the military and society, Nigel White develops a nuanced rationale for military justice. Making the case for both the continuation of military justice and key reforms, he analyses the military’s place in society and recognises the wider influences of justice and law upon it. Throughout the book, military justice is framed broadly to cover all relevant laws including service law, constitutional law, the law of armed conflict, international human rights law and international criminal law. This discussion is supported with analysis of a range of jurisprudence from domestic and international courts. The book considers the legal problems that arise in different military contexts, as well as positioning military justice as a balance between the rights and duties of government and those of soldiers.Tackling an important and timely topic, Military Justice will be key reading for academics, researchers and students within the fields of human rights, public international law, conflict and security law, and especially those with an interest in service law, military history and war studies. It will also be a useful reference point for practitioners working within relevant prosecuting authorities and within law firms offering legal advice to soldiers.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

Read more less

Book SynopsisAlthough child soldiers have received considerable media and policy attention, they remain poorly understood and inadequately protected. This Research Handbook addresses this troubling gap by offering a reflective and nuanced review of the complex issue of child soldiering. Containing original contributions from leading experts in many disciplines working across six continents, this comprehensive Handbook showcases diverse experiences and unique perspectives. The Handbook unpacks the life-cycle of youth and militarization: from recruitment, to demobilization, and return to civilian life. Challenging prevailing assumptions and conceptions, this uplifting Handbook focuses on the child soldier's capacity to cope with adversity. In so doing, it emphasizes the resilience, humanity and potential of children affected - rather than 'afflicted' - by armed conflict. The Research Handbook on Child Soldiers will be of interest to academics, practitioners and activists alike, with its extensive incorporation of cutting-edge fieldwork and the voices of the children themselves. Promoting equity between generations, this Handbook will also appeal to individuals from many walks of life who are concerned with the rights of the child in times of conflict, peace, and the in-between.Trade Review'The Research Handbook on Child Soldiers is well balanced, and is less on abstractions and philosophizing, and more on offering erudite principle based solutions in respect of our efforts to conceptualise and understand child soldiers across disciplinary and professional divides. True to form, it also charts the way forward as the international community grapples with the ever changing nature of conflict. This book is not so much an idea whose time has come as it is an idea whose time is long overdue in coming.' --Benyam Mezmur, University of the Western Cape, South Africa'For this Research Handbook, Mark Drumbl and Jastine Barrett have assembled an array of scholars, drawn from six continents, and expert in multiple fields of law, humanities, and social sciences. Their writings deploy methodologies as varied as empirical study and doctrinal analysis in order to examine situations of armed conflict and other systemic violence, across a temporal spectrum of past, present, and future. Together, these contributions place this exciting volume at the vanguard of scholarship on child soldiers.' --Diane Marie Amann, University of Georgia, School of Law, US'This Research Handbook of vivid research on child soldiers memorably exposes how some youth engaged in armed conflicts forget they are still children. Contributors from six continents bring rich expertise in law, sociology, ethnography, social work, psychology, political science, criminology, medical anthropology, and literary analysis to the cultural and political contexts for recruiting minors by armed groups and by national military organizations. Beyond dominant images of child soldiers as either merely passive victims or as violent terrors, the authors point toward legal and cultural reforms with the further caution against doing further harm.' --Martha Minow, Harvard University, USTable of ContentsContents: Preface Introduction Mark A. Drumbl and Jastine C. Barrett PART I THE CONCEPT AND CONSTRUCTION OF THE CHILD SOLDIER 1. In Search of the Lost Kingdom of Childhood Mohamed Kamara 2. Challenges for the Protection of Child Victims of Recruitment and Use in an Era of Complex Armed Conflicts: The Colombian Case Ana María Jiménez 3. The Construction of Gender in Child Soldiering in the Special Court for Sierra Leone Valerie Oosterveld 4. ‘We Were Controlled, We Were Not Allowed to Express Our Sexuality, Our Intimacy Was Suppressed’: Sexual Violence Experienced by Boys Omer Aijazi, Evelyn Amony and Erin Baines 5. Getting Tambo Out of Limbo: Exploring Alternative Legal Frameworks that are More Sensitive to the Agency of Children and Young People in Armed Conflict Karl Hanson and Christelle Molima 6. This is Belonging: Children and British Military Recruitment Rhys Crilley PART II CONDUCT: AGENCY, CAPACITY AND RESILIENCE 7. Child Soldiers in Historical and Comparative Perspective: Creating a Space for Data-Driven Analysis David M. Rosen 8. The Voiceless Child Soldiers of Afghanistan Anicée Van Engeland 9. Weaponizing the Weak: The Role of Children in Terrorist Groups Mia Bloom 10. Retracing the Journey of Child Soldiers and Looking for the Path to Return Them Home: A Report from Southern Philippines David N. Almarez, Ajree D. Malawani, Sittie Akima A. Ali, Princess Mae S. Chua and Primitivo C. Ragandang III 11. Children Born of Conflict-Related Sexual Violence within Armed Groups - A Case Study of Northern Uganda Myriam Denov 12. Social Reintegration Following Armed Conflict in Northern Uganda: How Former Child Soldier Young Mothers Use Symbolic Tools Fiona Shanahan and Angela Veale PART III ENCOUNTERS WITH THE LAW 13. The Regional African Legal Framework on Children: A Template for More Robust Action on Children and Armed Conflict? Godfrey Odongo 14. Minors and Miners: Accountability Beyond Child Soldiering in the Democratic Republic of Congo Sharanjeet Parmar and Yann Lebrat 15. Crimes Committed by Child Soldiers: An Argument for Coherence Nikila Kaushik and Steven Freeland 16. Child Soldiers in International Courtrooms: Unqualified Perpetrators, Erratic Witnesses and Irreparable Victims? Barbora Holá and Thijs B. Bouwknegt 17. Dominic Ongwen on Trial: Problematizing Definitional Boundaries and Exploring the Possibilities of Socialization Carse Ramos 18. Child Soldiers and Asylum – Duality or Dilemma? Joseph Rikhof PART IV AFTERWORLD(S)/AFTERWARDS: TRANSITIONAL JUSTICE AND BEYOND 19. Navigating the Mystical: Child Soldiers and Reintegration Rituals in Northern Uganda Jastine C. Barrett 20. Child Agency and Resistance to Discourses within the Paris Principles in Rehabilitation and Reintegration Processes of Former Child Soldiers in Northern Uganda Grace Akello 21. Children Associated with Boko Haram: Disassociation, Protection, Accountability and Reintegration Stuart Casey-Maslen 22. Do No Harm: How Reintegration Programmes for Former Child Soldiers Can Cause Unintended Harm Michael G. Wessells 23. How to Find the ‘Hidden’ Girl Soldier? Two Sets of Suggestions Arising from Liberia Leena Vastapuu Epilogue Nesam McMillan Index

Read more less