Public international law: humanitarian law Books

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Book SynopsisDespite the conclusion of the International Military Tribunal at Nuremberg that aggression is the ''supreme international crime'', armed conflict remains a frequent and ubiquitous feature of international life, leaving millions of victims in its wake. This collection of original chapters by leading and emerging scholars from all around the world evaluates historic and current examples of the use of force and the context of crimes of aggression. As we approach the 75th anniversary of the Nuremberg War Crimes Tribunal, Seeking Accountability for the Unlawful Use of Force examines the many systems and accountability frameworks which have developed since the Second World War. By suggesting new avenues for enhancing accountability structures already in place as well as proposing new frameworks needed, this volume will begin a movement to establish the mechanisms needed to charge those responsible for the unlawful use of force.Trade Review'As we approach the third decade of the twenty-first century, wars continue to take their toll on untold numbers of innocent civilians; launching a nuclear war has become a topic of serious discussion; and from July 2018 the crime of aggression will fall within the jurisdiction of the International Criminal Court. It is hardly surprising that the global community continues its search for legal means to deter the resort to war, aggression and the commission of massive war crimes. Seeking Accountability for the Unlawful Use of Force, edited by Professor Leila Sadat, could not be more timely or important. It contains thoughtful and accessible essays by some of the leading experts in the field of international criminal law. They trace its modern history and consider the future of mechanisms of accountability for war crimes. This excellent collection is essential reading for all interested in the relationship between law and war.' Richard Goldstone, former Chief Prosecutor of the International Criminal Tribunals for the former Yugoslavia and Rwanda'Leila Sadat is a towering figure in the field of international law, and it is no surprise that she has assembled in this thought-provoking enterprise many prominent legal experts and contributors. In international criminal law, there is continued debate over what constitutes reasonable use of force and what measures may be appropriate to deter and punish acts of aggression. This book offers rare insight into the legal debates, and provides compelling arguments for a rational use of force within the existing framework of international law.' Mark S. Ellis, Executive Director, International Bar Association'The significance of this book cannot be underestimated. With the recent activation of the International Criminal Court's jurisdiction over the crime of aggression, the time is ripe to reflect on the way accountability for the unlawful use of force has been dealt with both by the ICC's predecessors as well as through other mechanisms. Moreover, it is important to take stock and reflect on the many challenges faced so far in order to better prepare for future accountability efforts. The collection brings together leading academics in the field who provide a holistic examination of the issue at hand, filling an important gap in the scholarship. I cannot recommend it highly enough.' Olympia Bekou, School of Law, University of Nottingham'This collection of essays, written by eminent scholars in the field, could not be more timely, as we approach the activation of the ICC's jurisdiction over the crime of aggression on 17 July 2018, the very day of its twentieth anniversary. Seeking Accountability for Unlawful Use of Force is an essential reading companion for those, scholars and practitioners alike, who seek a better understanding of the legacy of the Nuremberg and Tokyo trials against the backdrop of the shifting boundaries between ius ad bellum and ius in bello in the post-9/11 age.' Christine Van den Wyngaert, Judge at the International Criminal Court'This book is an encyclopedic, truly comprehensive treatment of a historic issue within the general topic of the use of violent force in international law. Highly recommended.' S. R. Silverburg, ChoiceTable of ContentsBiographies of contributors; Foreword Sir Geoffrey Robertson; Preface Leila Nadya Sadat; Introduction Donald M. Ferencz; Part I. Historic and Contemporary Perspectives on the Unlawful Use of Force: 1. The status of aggression in international law from Versailles to Kampala – and what the future might hold M. Cherif Bassiouni; 2. Nuremberg and aggressive war William A. Schabas; 3. The Tokyo IMT and crimes against peace (aggression) – is there anything to learn? Robert Cryer; 4. The just war in ancient legal thought Larry May; 5. Definitions of aggression as harbingers of international change Kirsten E. Sellars; 6. International humanitarian law in an age of extremes: unlawful uses of force by non-state actors David M. Crane; Part II. Mechanisms for Restraining the Unlawful Use of Force and Enhancing Accountability: 7. Commissions of inquiry and the Jus ad Bellum Larissa van den Herik and Catherine Harwood; 8. The international court of justice and the use of force Douglas J. Pivnichny; 9. The other enemy: transnational terrorists, armed attacks and armed conflict Carrie McDougall; 10. Towards the substantive convergence of international human rights law and the laws of armed conflict – the case of Hassan v. the United Kingdom Robin Geiß; 11. International law on the use of force: current challenges Sergey Sayapin; Part III. The Illegal Use of Force and the Prosecution of International Crimes: 12. The crime of aggression under customary international law Yoram Dinstein; 13. The crime of aggression and the international criminal court Jennifer Trahan; 14. Prosecuting aggression through other universal core crimes at the International Criminal Court Terje Einarsen; 15. The illegal use of armed force (other inhumane act) as a crime against humanity: an assessment of the case for a new crime at the International Criminal Court Manuel J. Ventura; 16. Aggression, atrocities, and accountability: building a case in Iraq John Hagan and Anna Hanson; Part IV. Imagining a Better World: 17. Rethinking the relationship between Jus in Bello and Jus ad Bellum: a dialogue between authors Federica D'Alessandra and Robert Heinsch; 18. Twenty-first-century paradigms on military force for humane purposes David J. Scheffer and Angela Walker; 19. The presumption of peace: illegal war, human rights, and humanitarian law Mary Ellen O'Connell; 20. The urgent imperative of peace Leila Nadya Sadat; Epilogue Benjamin B. Ferencz; Index.

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Book SynopsisA meticulous study of the United Nations Security Council's authorisation of the use of force, to better understand its application in the African context.

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Book SynopsisAnti-Personnel Mines under Humanitarian Law: A View From the Vanishing Point considers in depth the various customary and conventional legal regimes applicable to the use of anti-personnel mines. All involved with the global effort to control and eliminate anti-personnel mines as well as the policy-makers who are concerned about the devastation resulting from the widespread deployment of these arbitrary weapons need to familiarize themselves with the information presented in this timely volume. Published under the Transnational Publishers imprint.

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Book SynopsisListening to the Silences: Women and War is a collection of women’s voices, each of which makes a unique contribution to a topic that is gathering international momentum and interest. The perspectives of these women greatly enhance our understanding of the gendered dimensions of armed conflict - they help to move the discourse beyond silence and towards inclusion, greater understanding and peace.Table of ContentsForeword Navanethem Pillay; Acknowledgements; Preface Helen Durham and Tracey Gurd; Part I Listening to Women’s Voices: 1 The Cry of the Raped: 50 Years of Silence Jan Ruff-O’Herne; 2 The Roses Mimi Doretti; 3 Combat Operations in Iraq: An Australian Soldier’s Perspective Penny Cumming; 4 The Impact of Armed Conflict on Women Charlotte Lindsey; 5 Sri Lanka First: The Business of Peace Neela Marikkar; 6 Women’s Role in Peacemaking: A Personal Experience Luz Méndez; Part II How Does Law and Practice Affect How We Hear Women’s Voices?: 7 Sexual Violence During Wartime Radhika Coomaraswamy; 8 Gender-Based Violence Among Conflict Affected Populations: Humanitarian Program Responses Jeanne Ward; 9 Reporting on Women During Armed Conflict: A Journalist’s View Maggie O’Kane; 10 International Humanitarian Law and the Protection of Women Helen Durham; 11 Women and Armed Conflict: The Response of International Humanitarian Law Judith Gardam; 12 The Jurisprudence of International War Crimes Tribunals: Securing Gender Justice for Some Survivors Kelly Askin; 13 The Other Voices: Interpreters and Investigators of Sexual Violence in International Criminal Proceedings Patricia Viseur-Sellers; 14 Small Conversations Can Lead to Big Changes Georgina McEncroe; 15 Facilitating Women’s Voices in Truth Recovery: An Assessment of Women’s Participation and the Integration of a Gender Perspective in Truth Commissions Hayli Millar; Part III How Can We Use Women’s Voices to Create and Perpetuate Peace and Security?: 16 Engendering the Peace Process: Women’s Role in Peace Building and Conflict Resolution Li Fung; 17 Fine Lines of Transformation: Afghan Women Working For Peace Rina Amiri; 18 Moving Beyond Silence: Women Waging Peace Swanee Hunt.

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Book SynopsisThis volume constitutes a commentary on Article 7 of the United Nations Convention on the Rights of the Child. It is part of the series, A Commentary on the United Nations Convention on the Rights of the Child, which provides an article by article analysis of all substantive, organizational and procedural provisions of the CRC and its two Optional Protocols. For every article, a comparison with related human rights provisions is made, followed by an in-depth exploration of the nature and scope of State obligations deriving from that article. The series constitutes an essential tool for actors in the field of children’s rights, including academics, students, judges, grassroots workers, governmental, non- governmental and international officers. The series is sponsored by the Belgian Federal Science Policy Office.Table of ContentsList of Abbreviations; Author Biography; Text of Article 7; Chapter One: Introduction; Chapter Two: Comparison with Related International Human Rights Provisions: 1. Survey of Related International and Regional Instruments; 2. Analysis of the Related International and Regional Provisions; Chapter Three: Scope of Article 7; Chapter Four: Conclusions.

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Book SynopsisThis volume constitutes a commentary on Article 20 of the United Nations Convention on the Rights of the Child, dealing with children deprived of their family environment. It is part of the series, A Commentary on the United Nations Convention on the Rights of the Child, which provides an article by article analysis of all substantive, organizational and procedural provisions of the CRC and its two Optional Protocols. For every article, a comparison with related human rights provisions is made, followed by an in-depth exploration of the nature and scope of State obligations deriving from that article. The series constitutes an essential tool for actors in the field of children’s rights, including academics, students, judges, grassroots workers, governmental, non- governmental and international officers. The series is sponsored by the Belgian Federal Science Policy Office.Table of ContentsList of Abbreviations; Author Biography; Text of Article 20; Chapter One: Introduction; Chapter Two: Comparison with Related International Human Rights Instruments; Chapter Three: Scope of Article 20; References.

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Book SynopsisThis volume constitutes a commentary on Article 26 of the United Nations Convention on the Rights of the Child. It is part of the series, A Commentary on the United Nations Convention on the Rights of the Child, which provides an article by article analysis of all substantive, organizational and procedural provisions of the CRC and its two Optional Protocols. For every article, a comparison with related human rights provisions is made, followed by an in-depth exploration of the nature and scope of State obligations deriving from that article. The series constitutes an essential tool for actors in the field of children’s rights, including academics, students, judges, grassroots workers, governmental, non- governmental and international officers. The series is sponsored by the Belgian Federal Science Policy Office.Table of ContentsChapter One: Introduction; Chapter Two: Comparison with Related International Human Rights Provisions; Chapter Three: Scope of Article 26.

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Book SynopsisThis volume constitutes a commentary on Article 34 of the United Nations Convention on the Rights of the Child. It is part of the series, A Commentary on the United Nations Convention on the Rights of the Child, which provides an article by article analysis of all substantive, organizational and procedural provisions of the CRC and its two Optional Protocols. For every article, a comparison with related human rights provisions is made, followed by an in-depth exploration of the nature and scope of State obligations deriving from that article. The series constitutes an essential tool for actors in the field of children’s rights, including academics, students, judges, grassroots workers, governmental, non- governmental and international officers. The series is sponsored by the Belgian Federal Science Policy Office.Table of ContentsAuthor Biography; Table of Contents; List of Abbreviations; Text of Article 34; Chapter I. Introduction; Chapter II. Comparison with Related International Human Rights Provisions: 1. Multilateral Developments; 2. Regional/Sub-Regional Developments; CHAPTER 3. Scope of Article 34; 1. Drafting Background; 2. Subsequent Developments; 3. Article 34 and the Optional Protocol; 4. The Committee’s Consideration of States Parties’ Reports, Related Interpretation and Recommendations.

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Book SynopsisThis volume constitutes a commentary on Article 2 of the United Nations Convention on the Rights of the Child. It is part of the series, A Commentary on the United Nations Convention on the Rights of the Child, which provides an article by article analysis of all substantive, organizational and procedural provisions of the CRC and its two Optional Protocols. For every article, a comparison with related human rights provisions is made, followed by an in-depth exploration of the nature and scope of State obligations deriving from that article. The series constitutes an essential tool for actors in the field of children’s rights, including academics, students, judges, grassroots workers, governmental, non-governmental and international officers. The series is sponsored by the Belgian Federal Science Policy Office.Table of ContentsList of Abbreviations; Author Biography; Text of Article 2; Chapter One: Introduction; Chapter Two: Comparing the CRC’s Right to Non-Discrimination With Other Prohibitions of Discrimination; Chapter Three: Scope of Article 2(1): Freedom From Discrimination; Chapter Four: Scope of Article 2(1): The Jurisdictional Clause; Chapter Five. Scope of Article 2(2): Discrimination and Punishment on Account of Parental Actions; Chapter Six: The Committee on the Rights of the Child; Conclusions.

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Book SynopsisThis volume traces the developments in the laws and practices of the European Union and five of its Member States (the United Kingdom, Germany, France, the Netherlands, and Italy) at two points in time: first at the time of the Gulf War following Iraq’s invasion of Kuwait in August 2000; secondly, following the terrorist attacks in the United States on 11 September 2001. The focus is on the legal status of immigrants and asylum seekers and how that legal status is being modified on grounds of security-related measures adopted over a period of about ten years. Particularly, the question is whether and how far situations have come into existence, which could be considered to be in conflict with fundamental principles of human rights.Table of ContentsForeword Elspeth Guild; Introduction Anneliese Baldaccini; Part I The European Dimension: Chapter 1 From Gulf War to Gulf War – Years of Security Concern in Immigration and Asylum Policies at European Level Nils Coleman; Chapter 2 The Role and Limits of the European Court of Human Rights in Supervising State Security and Anti-terrorism Measures Affecting Aliens’ Rights Nicholas Sitaropoulos; Part II Responses at the National Level: Chapter 3 The Response of the United Kingdom’s Legal and Constitutional Orders to the 1991 Gulf War and the Post-9/11 ‘War’ on Terrorism David Bonner and Ryszard Cholewinski; Chapter 4 Immigration, Asylum, and Terrorism: How Do They interrelate in Germany? Ulrike Davy; Chapter 5 The Changes in Laws on Immigration and Asylum in France in Response to Terrorist Fears Claire Saas; Chapter 6 The Impact of Terrorism on Immigration and Asylum Law in the Netherlands Hinde Chergui and Helen Oosterom-Staples; Chapter 7 Terrorism, Asylum and Immigration in Italian Law Paolo Bonetti; Annexes; List of Contributors; Index.

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Book SynopsisUnder international human rights law, states are required to exercise due diligence to prevent, investigate, punish and provide redress for acts of violence against women. Accordingly, the due diligence standard presents a way to measure whether a state has fulfilled its obligations to prevent and respond to violence against women. Despite its growing popularity as a tool for promoting greater state accountability for violence against women by non-state actors, the content and scope of due diligence obligations remain vague. Against the backdrop of contemporary issues that pose threats to women’s rights, the contributors to this volume examine how the due diligence standard and other strategies can be applied as useful mechanisms to combat violence against women in various cultures worldwide.Table of ContentsPreface; Acknowledgements; Introduction; Section I Due Diligence: Standards, Problems and Outlook; The Due Diligence Standard: What Does It Entail for Women’s Rights?; The History and Development of the Due Diligence Standard in International Law and Its Role in the Protection of Women against Violence; Preventing Violence against Women: The Due Diligence Standard with Respect to the Obligation to Banish Gender Stereotypes on the Grounds of Article 5 (a) of the CEDAW Convention; Emerging Human Rights Obligations for Non-State Actors; Due Diligence and the Power of Economic Players; Due Diligence and the Fight against Gender-Based Violence in the Inter-American System; Applying the Due Diligence Principle in Asia Pacific; Section II Due Diligence in Context; Domestic Violence; South Africa’s Response to Domestic Violence; Violence against Women by Non-State Actors, a Responsibility for the State under Human Rights Law: Amnesty International’s Work on Domestic Violence; Spain: More Rights, but the Obstacles Remain; Trafficking in Women; Human Trafficking: A Brief Introduction to Issues of Responsibility and Accountability; Problems with the Implementation of the Due Diligence Standard from the Perspective of Countries of Origin in the OSCE Region; Human Trafficking in Germany; Violence against Women Legitimised with Arguments of ‘Culture’; Violence against Women, Cultural/Religious Traditions and the International Standard of Due Diligence; Violence against Women Legitimised by Arguments of ‘Culture’ – Thoughts from a Pakistani Perspective; Controlling Women’s Sexuality, Sustaining Dominant Culture(s), Legitimising Gender-Based Violence: The Case for Due Diligence; Violence in Armed Conflict; Violence against Women in Armed Conflict; Table of Cases; The Contributors; The Supporting Organisations; Index.

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Book SynopsisWhen does international law allow a State or group of States to adopt trade measures in order to “coerce” another State to comply with its international obligations to ensure respect for human rights? In answering this question this book draws together complex areas of international law which include the rules prohibiting interference in the internal affairs of sovereign States, the rules regulating extra-territorial exercises of jurisdiction, the law of State responsibility and the international legal rules requiring the protection of human rights and regulating international trade. The literature on “Trade and …” issues invariably focuses on a limited number of these areas, or approaches the issues from an international relations or economic perspective. This book will assist specialists in international human rights law and international trade law, academic and government lawyers who advise on or implement international trade policy and those studying the use of human rights related trade measures.Table of ContentsPreface; 1 Culture, Heritage and Human Rights: An Introduction Francesco Francioni; 2 The Cross-Cultural Legitimacy of Universal Human Rights: Plural Justification Across Normative Divides Tore Lindholm; 3 Self-Determination and Cultural Rights A.F. Vrdoljak; 4 Cultural Rights: A Necessary Corrective to the Nation State William K. Barth; 5 Protecting Peoples’ Cultural Rights: A Question of Properly Understanding the Notion of States and Nations? Matthias Ǻhrén; 6 Indigenous Peoples’ Cultural Rights and the Controversy over Commercial Use of their Traditional Knowledge Federico Lenzerini; 7 The Right of a People to Enjoy Its Culture: Towards a Nordic Saami Rights Convention Martin Scheinin; 8 Cultural Identity and Legal Status: Or, the Return of the Right to Have (Particular) Rights Enikő Horváth; 9 Minorities’ Right to Maintain and Develop Their Cultures: Legal Implications of Social Science Research Timo Makkonen; 10 The Role of the State in Balancing Religious Freedom with Other Human Rights in a Multicultural European Context Stéphanie Lagoutte and Eva Maria Lassen; 11 Accessing Culture at the EU Level: An Indirect Contribution to Cultural Rights Protection? Evangelia Psychogiopoulou; 12 Language Rights as Cultural Rights: A European Perspective Susanna Mancini and Bruno de Witte; 13 The Place of Cultural Rights in the WTO System John Morijn; 14 A Right to Cultural Identity in UNESCO Yvonne Donders; 15 Political Change and the ‘Creative Destruction’ of Public Space Sanford Levinson.

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Book SynopsisThis work addresses the question: how has the evolution of a legal regime within the United Nations and regional organisations influenced state behaviour regarding recognition of minority groups? The author assesses the implications of this regime for political theorists’ account of multiculturalism. This research bridges a gap between normative questions in political theory on multiculturalism and the international law on minorities. It does so by means of case studies of legal challenges involving two groups, namely, the Aboriginal peoples of Canada, and the Roma peoples in Europe. The author concludes by discussing the normative implications of the minority regime for helping to resolve conflicts that arise out of state treatment of minority groups.Table of ContentsSection I. The Minority Legal Tradition: 1. On Cultural Rights: Introduction, Research Methodology, and Literature Review; Section II. History of the Minority Regime: 2. History of the Minority Question; 3. Minority Protection in the Era of Human Rights; Section III – Minority Group Case Studies: 4. The Minority Regime and the Aboriginal Peoples of Canada; 5. Minority Rights and the Roma of Europe; Section IV. Conclusions: 6. Conclusion; Bibliography; Appendix; Charts; Examples of Cultural Protection; Aboriginal-Canadian Groups;Canadian Residential Schools;Illustration of Bill C-31; Europe’s Roma Population; Romani Lexical Comparisons; Roma Poverty Rates; Roma Household Characteristics; Table of Abbreviations.

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Book SynopsisA central element of contemporary border regimes is their application to migrants before they reach a state's territory. The main forms of this extraterritorial immigration control are visa requirements, pre-embarkation immigration controls and the interception of irregular migrants at sea. This work analyses the complex relationship of the law to these practices, as legal guarantees are potentially avoided, while the legality of control is often uncertain. It examines the international law framework, including the law of the sea and the extraterritorial application of principles of non-refoulement contained in the Refugee Convention and in international human rights law. The work also includes detailed case-studies of the legal challenges posed by extraterritorial immigration controls in Europe, Australia and the United States.Table of ContentsPreface; List of contibutors; Part I: Overviews 1. Extraterritorial Immigration Control: What role for legal guarantees? - Bernard Ryan,; 2. Extraterritorial Immigration Control in the 21st Century: The individual and the state transformed - Valsamis Mitsilegas; Part II: International law aspects 3. The Concept of State Jurisdiction and the Applicability of the Non-refoulement Principle to Extraterritorial Interception Measures - Anja Klug and Tim Howe; 4. The International Law of the Sea and Migration Control - Richard Barnes; 5. The Legal Framework Concerning the Smuggling of Migrants at Sea under the UN Protocol on the Smuggling of Migrants by Land, Sea and Air - Tom Obokata; Part III: European Union aspects 6. Europe Beyond its Borders: Refugee and human rights protection in extraterritorial immigration control - Maarten den Heijer; 7. Extraterritorial Migration Control and Human Rights: Preserving the responsibility of the EU and its Member States - Evelien Brouwer ; 8. Extraterritorial Border Controls in the EU: the role of Frontex in operations at sea - Anneliese Baldaccini ; 9. The Transformation of European Border Controls - Elspeth Guild and Didier Bigo; Part IV: State practice Migration Control at Sea: The Italian case - Alessia di Pascale; 10. Extraterritorial strategies to tackle irregular immigration by sea: A Spanish perspective - Paula García Andrade; 11. Controlling Migration by Sea: The Australian case - Susan Kneebone; 12. US Migrant Interdiction Practices in International and Territorial Waters - Niels Frenzen; 13. The UK and Extra-territorial Immigration Control: Entry clearance and juxtaposed control - Gina Clayton; Selected bibliography; Index.

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Book SynopsisExperience and research have long shown an intrinsic link between human rights, conflict and development. This interdependence between different areas, doctrines, and disciplines calls for a genuinely coherent, holistic approach in International Affairs. With the challenges the work for the protection and respect of humanity encounters, this book intends to bring together articles and ideas that indicate the complexity of such an endeavor. The chapters, written by academics and practitioners encompass snapshots of crucial development lines as well as conceptual ideas and frameworks. In doing so the book provides insight to the principal understanding that peace efforts, encapsulating human rights, conflict management and development, can only be sustained and flourish as long as conflicting parties have at least a minimal consensus and will to settle their differences peacefully. As a Liber Amicorum for Joseph Voyame the book honors the determination for humanity and respect for human dignity and peaceful mitigation of conflict which marked his life and work.Table of ContentsExcerpt of Table of Contents Introduction; A Public International Law & Humanitarian Law I Secession - A Legal Approach by Marcelo G. Kohen II L'articulation du droit international humanitaire et des droits économiques, sociaux et culturels en temps d'occupation par Sylvain Vité III Le Conseil de sécurité face à la protection des civils dans les conits armés par Gloria Gaggioli et Robert Kolb B International Human Rights Law IV `Extraordinary Renditions', Diplomatic Assurances and the Principle of Non-Refoulement by Manfred Nowak V Actes de gouvernement et droits de l'homme: L'affaire Marković par Lucius Caflisch VI Filling the Gaps - Contributions by the Human Rights Committee to the Fight Against Torture by Walter Kälin VII Combating Racism - A Call for Justice by Daniel Thürer and Lorenz Langer VIII The Principle of Non-Discrimination in the International Covenant on Economic, Social and Cultural Rights by Barbara Wilson IX Inclusion and Exclusion. The Difference in the Notion of `National' in the Framework of Minority Rights Regimes by Maurice D. Voyame X Quinze ans d'une nouvelle dynamique contre le racisme et en faveur de la protection des minorités en Europe par Doris Angst C Human Rights System XI Killings by Law Enforcement Officials: The International Human Rights Legal Framework by Philip Alston and William Abresch XII From Commission on Human Rights to Human Rights Council: Itinerary of a Reform Process by Eric Tistounet XIII The Weakness of the Present System of Treaty Monitoring and the Discussion of Reform in General by Christoph A. Spenlé and Gian C. Stäubli D Challenges to Peace, Conflict & Development XIV L'amnistie entre l'exigence de justice et l'indispensable réconciliation: Lorsque les armes se taisent, que faire des crimes qui ont été commis à l'occasion d'un conit armé? par François Bugnion XV Islands of Excellence in Oceans of Apathy - Why are we better at Saving Lives than at Improving Them? by Patrick Webb XVI A Holistic Approach for Promoting the Rule of Law by Josef Bucher XVII Just War Concepts - Western and Chinese Perspectives by Nadine Godehardt E Approaches to Peace, Conflict & Development XVIII Systemic Thinking and Practice in Conflict Transformation by Daniela Körppen, Norbert Ropers & Oliver Wils XIX Conflict Transformation and Constitution Making in Nepal - What Constitutional Mechanisms are Useful for Resolving Conflict within a State? by Günther Bächler XX The African Union and Reactions to International Crimes by Djacoba L. Tehindrazanarivelo XXI International Electoral Observation as a Means of Evaluating Democracy and Promoting Respect for Civil and Political Rights by Gérard Stoudmann and Scott Smith XXII The Emperors Clothes - Critical Reflection on the Disarmament, Demobilization and Reintegration by Robert Muggah XXIII The Influence of the Kimberly Process on Conflict and Natural Resource Trade in Africa - What can the UN do? by Salil Tripathi F Experiences from Peace, Conflict and Development XXIV Between Peacekeeping and Peacebuilding - International Engagement for Peace in the South Caucasus - Experience of a UN SRSG by Heidi Tagliavini List of Contributors.

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Book SynopsisIn 2009 it was ten years since the adoption of the Second Protocol to the 1954 Hague Convention for the Protection of Cultural Property in the Event of an Armed Conflict. To celebrate this anniversary, a variety of contributions, focussing on the legal and cultural aspects of the Protocol are presented by Van Woudenberg and Lijnzaad. The innovative aspects of the Second Protocol such as enhanced protection, criminal responsibility and jurisdiction, and the protection of cultural property in armed conflicts not of an international character are addressed. Some country-specific studies are included. It is hoped that this publication will inspire States to accede to the Protocol and that it will serve as a source of inspiration to legal advisers, military personnel and cultural property experts.Table of ContentsIntroduction Nout van Woudenberg and Liesbeth Lijnzaad; Message from Mr Koichiro Matsuura, Director-General of UNESCO; Words of Welcome; Adriaan Bos Chapter 1 The road to the 1999 Second Protocol Jiři Toman; Chapter 2 New rules for the protection of cultural property in armed conflict: The significance of the Second Protocol to the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict Jean-Marie Henckaerts; Chapter 3 Military necessity under the 1999 Second Protocol Kevin Chamberlain; Chapter 4 Enhanced Protection: A new form of protection under the 1999 Second Protocol Nout van Woudenberg; Chapter 5 Great expectations? Towards an effective application of the regime of enhanced protection in the Second Protocol to the Hague Convention on the Protection of Cultural Property in the Event of Armed Conflict Ariel W. Gonzalez; Chapter 6 Enhancing individual criminal responsibility for offences involving cultural property – the road to the Rome Statute and the 1999 Second Protocol Mireille Hector; Chapter 7 Investigation and prosecution of crimes against cultural property Susan Somers; Chapter 8 Th e protection of cultural property in non-international armed conflicts Jean-Marie Henckaerts; Chapter 9 Dissemination of the 1954 Hague Convention and the 1999 Second Protocol: Embedding cultural property protection within the military Joris D. Kila; Chapter 10 Elaboration and legal implementation of the 1999 Second Protocol: The Dutch finger on the pulse Nout van Woudenberg; Chapter 11 The Dutch Ministry of Defence and the protection of cultural heritage Robert Gooren; Chapter 12 The implementation of the Second Protocol to the 1954 Hague Convention in the Republic of Macedonia Lazar Sumanov and Jovan Ristov; Appendix: 2002 Ohrid Declaration; Chapter 13 Iraq and the Second Protocol to the 1954 Hague Convention Marja van Heese; Chapter 14 Sleeping Beauty, the untold story of the (first) Protocol to the 1954 Hague Convention Liesbeth Lijnzaad; Documents: Convention for the Protection of Cultural Property in the Event of Armed Conflict; Regulations for the Execution of the Convention for the Protection of Cultural Property in the Event of Armed Conflict; First Protocol to the Convention for the Protection of Cultural Property in the Event of Armed Conflict 1954; Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict; Act of 19 June 2003 Containing Rules Concerning Serious Violations of International Humanitarian Law (International Crimes Act); Act of 8 March 2007 containing rules on the taking into custody of cultural property from an occupied territory during an armed confl ict and for the initiation of proceedings for the return of such property (Cultural Property Originating from Occupied Territory (Return) Act); International Tribunal for the Former Yugoslavia; Excerpts from: Prosecutor v. Pavle Strugar; Index.

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Book SynopsisThis collection of essays assesses the legacy established by the most important international criminal tribunal since the Nuremberg and Tokyo war crimes trials, and considers what might be done to enhance or modify the legacy of the International Criminal Tribunal for the former Yugoslavia (ICTY), including improvement of the capacity of state courts in the region to prosecute violations of humanitarian law by using the Tribunal’s documents, evidence, law, and practice. The essays are derived from a conference, Assessing the Legacy of the ICTY, which was convened in The Hague. Participants included over 375 stakeholders from the former Yugoslavia; officials from the Tribunal’s Chambers, Registry, and the Office of the Prosecutor; justice ministers and other government officials from Europe; and all elements of civil society—representatives of nongovernmental organizations, lawyers, and academics.Table of ContentsACKNOWLEDGEMENTS; PREFACE BY SANELA DIANA JENKINS; ABBREVIATIONS; INTRODUCTION: Constructing the Legacy of the ICTY Richard H. Steinberg, Professor of Law, UCLA;National Ownership: The Key Concept of the Tribunal's Legacy Vision Judge Patrick Robinson, ICTY President; Visions of the Legacy Ed Kronenburg, Secretary General, Ministry of Foreign Affairs, The Netherlands ; PART I: THE ICTY’S LEGACY STRATEGY AND LEGACY PROJECTS: VIEWS FROM THE TRIBUNAL AND OTHER INTERNATIONAL ORGANIZATIONS; Outstanding Questions Geoffrey Robertson Q.C ; Creating a Legacy that Supports Sustainable Rule of Law in the Region Judge Patrick Robinson, ICTY President; The Legacy of the ICTY: Fair Trials and Cooperation with Local Courts Dr. Serge Brammertz, ICTY Prosecutor; Optimizing the Effectiveness of the Knowledge Transfer: The Significance of Inter-Institutional Cooperation Between the ICTY, ODIHR and UNICRI Janez Lenarčič, Director of OSCE ODIHR; Peace Building and Security Through Information Fancesco Marelli, UNICRI Representative; The Legacy of the ICTY : Multiple Levels of Cooperation and Necessary Undertakings John Hocking, ICTY Registrar; The ICTY’s Legacy Strategy and Legacy Projects Pierre Mirel, Director for Western Balkans, Directorate-General for Enlargement, European Commission; PART II: PLANS FOR THE LONG TERM: THE RESIDUAL MECHANISM(S), AND THE ICTY’S ARCHIVES AND INFORMATION CENTRES; Core Issues: Establishing Archives and the Residual Mechanism Navanethem Pillay, United Nations High Commissioner for Human Rights; The Role of the UN Security Council in Preserving the Tribunals’ Legacy: The Establishment of a Residual Mechanism and the Preservation of Archives Konrad Büehler, Legal Adviser, Permanent Mission of Austria to the UN & Austrian Chair of the Security Council’s informal Working Group on International Tribunals; A Home Away from Home Peter van der Vliet, Ministry of Foreign Affairs, The Netherlands ; How Best to to Preserve the Records of the ICTY Elizabeth Emmerson, Archivist, ICTY Registry ; What is the Role of the UN Archives in the Long-Term Legacy of the ICTY? Bridget Sisk, Chief of UN Archives and Records Management Section; Availability and Accessibility of ICTY Archives via Information Centres Catherine Marchi-Uhel, Head of Chambers, ICTY; Preserving ICTY’s Legacy Through Partnership, Oversight, and a Regional Institution Nataša Kandić, Humanitarian Law Center, Serbia; The Security Council’s Critical Role in Preserving the Tribunal’s Legacy in the Long Term Larry D. Johnson, Adjunct Professor, Columbia Law School; PART III: THE ICTY’S LEGACY FOR THE VICTIMS AND THE COMMUNITIES IN THE FORMER YUGOSLAVIA: VIEWS FROM CIVIL SOCIETY; Everything to Everyone: the Debate over the Final Location of the ICTY Archives Gabrielle Kirk McDonald, former ICTY President; The Need for Large Scale Victim Reparations Summary of Remarks by Vesna Teršelič, Documenta, Croatia; History, Myths, and the Promotion of Truth: Transforming the ICTY Legacy into a Living Memorial Mirsad Tokača, Research and Documentation Center, Bosnia and Herzegovina; Victims’ Perspectives Edin Ramulić, Izvor Association, Prijedor, Bosnia and Herzegovina; The Relevance of the ICTY Legacy for the Victims and Communities in Bosnia and Herzegovina Prof. Smail Čekić, Director of the Institute for Research of Crimes against Humanity and International Law, Sarajevo University; Building the ICTY’s Legacy for Local Communities Mirko Klarin, SENSE News Agency; A Long Road Yet to Reconciliation: The ICTY’s Impact on Reconciliation and Victims’ Perceptions of Criminal Justice Refik Hodžić, ICTY Registry Liaison Officer in Bosnia and Herzegovina; The Tribunal’s Legacy in Finding Missing Persons Lina Milner, Chair of the Kosovo Working Group of Missing Persons; Historical Reflection and Peacebuilding for the Region Kelly Askin, Senior Legal Officer, Open Society Justice Initiative; The Archives as a Means of Confronting the Past Bogdan Ivanišević, Consultant, International Centre for Transitional Justice ICRC official; Turning Darkness into Light: The Quest for Justice by Srebrenica’s Mothers Munira Subašić, President, Mothers of Srebrenica ; PART IV: BUILDING THE CAPACITY OF NATIONAL LEGAL SYSTEMS IN THE REGION; The Legacy of the ICTY: National and International Efforts in Capacity Building Mark Ellis, Executive Director, International Bar Association; United Nations Capacity-Building: Basing Efforts on Nationally-Assessed Goals, Policies and Needs Shelley Inglis, Rule of Law Officer, Office of the Deputy Secretary-General; The European Union and its Role in Providing Support to the Regional Entities Vincent Degert, Head of EC Delegation to Serbia; U.S. Efforts to Build Capacity in the Former Yugoslavia Barbara Carlin, Resident Legal Advisor, US Embassy in Sarajevo; The ICTY’s Continuation Strategy: Partnership with Regional Judges and Attorneys Judge Fausto Pocar, Member, ICTY Chambers Coordination Body for Contacts with National Jurisdictions; International Facilitation of the Self-Determined Development of the Legal System of the Former Yugoslavia Judge Bakone Justice Moloto, Member, ICTY Chambers Coordination Body for Contacts with National Jurisdictions; Capacity Building: Its Evolution through Direct Interaction: A Prosecutor’s Perspective Norman Farrell, Deputy Prosecutor, ICTY; “Capacity Building”: The Institutional War Crimes Prosecution Legacy of the ICTY and the International Donor Community in Bosnia and Herzegovina David Schwendiman, former Deputy Chief Prosecutor and Head of Special Department for War Crimes, Prosecutor’s Office of Bosnia and Herzegovina ; Lessons for Teachers: Reflections on the Implementation of Capacity Building Programs in the former Yugoslavia Ivan Jovanović, War Crimes Legal Advisor, OSCE Mission to Serbia ; PART V: NATIONAL WAR CRIMES PROCEEDINGS: VIEWS OF JUDGES, PROSECUTORS, AND OTHERS IN THE REGION; The Transplant of Customary Law and ICTY Jurisprudence to the Courts in Bosnia and Herzegovina Meddžida Kreso, President, Court of Bosnia and Herzegovina; Long Term Accountability Milorad Barašin, Chief Prosecutor, Prosecutor’s Office of Bosnia and Herzegovina; The Independence of the Croatian Judiciary Branko Hrvatin, President of the Supreme Court of Croatia; Prosecution of War Crimes in Croatia Mladen Bajić, Chief State Attorney of Croatia ; Creating a Legacy of Coooperation Siniša Važić, Acting President of the Belgrade District Court ; On Regional Cooperation, Progress, and the International Legacy of the ICTY Vladimir Vukčević, Serbian War Crimes Prosecutor; PART VI: THE WAY FORWARD; The Impact of Discourse on the Tribunal’s Legacy Richard Dicker, Human Rights Watch ; The Way Forward Judge Patrick Robinson, ICTY President; The Tribunal’s Comprehensive Legacy Strategy – Key Elements and Leading Actors John Hocking, ICTY Registrar; Rule of Law and the Ambition of a Regional Legacy: Overcoming Political Challenges Prof. Richard H. Steinberg, UCLA School of Law; ICTY’s Strategy and Legacy Projects Ernst Hirsch Ballin, Minister of Justice, Netherlands; Preserving the Legacy of the ICTY: A Blueprint for the Future Srđan Arnaut, Deputy Minister of Justice of Bosnia & Herzegovina; The Effect of the ICTY on the Region Summary of Remarks by Ivan Šimonović, Minister of Justice, Croatia; Creating a Legacy for Robust Defense Tomislav Višnjić , Minister of Justice, Croatia; CONCLUSIONS; Hope for the Future of Justice Ernst Hirsch Ballin; Constructing the Legacy: Convergence Among the Stakeholders Prof. Richard H. Steinberg, UCLA School of Law; The Values of Patience and Open Discourse Judge Patrick Robinson, ICTY President; APPENDIX 1 – CONTRIBUTORS; INDEX

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Book SynopsisA leading theme in this impressive collection of essays in honour of Professor Gudmundur Alfredsson is the advancement of international rules and mechanisms to empower individuals, groups and peoples everywhere to pursue their rights nationally, regionally and internationally. The book deals with the many areas of international law and national policies and practices in which important progress has been made since the adoption of the Universal Declaration of Human Rights for better protection of human rights in the modern world. It equally provides a critical discussion of the difficulties and failures in various areas and probes questions and issues that are pending solution at the national, regional or universal levels.Trade Review“This is a remarkable book, written by insiders for one of the most prominent players in the international human rights system, particularly at the UN level. It can serve as a genuine commentary on many of the most burning issues within that system, ranging from the performance of the UN Human Rights Council and the situation of “UNmikistan” (Kosovo) to the latest developments of the law on minorities and indigenous peoples, both at the global and regional level.” H.E. Judge Bruno Simma, International Court of Justice.Table of ContentsForeword Asbjørn Eide, Jakob Th. Möller, Ineta Ziemele; A Tribute to Dr Guðmundur Alfreðsson from the President of Iceland Ólafur Ragnar Grímsson; Heiðurskveðja til dr. Guðmundar Alfreðssonar frá forseta Íslands Ólafi Ragnari Grímssyni; Islands of Independence: Gudmundur Alfredsson and Human Rights Capacity Development Jonas Grimheden and Rolf Ring; Part 1 The Right to Peace Chapter 1 Milestones in the Development of International Humanitarian Law Daniel Thürer; Chapter 2 Post-War American International Law Scepticism: The International Criminal Court, Stockholm 1924 Mark Weston Janis; Chapter 3 Peace as a Human Right: The Jus Cogens Prohibition of Aggression Alfred de Zayas; Chapter 4 The Human Right to Peace William A. Schabas; Chapter 5 Security and Human Rights in the Regulation of Private Military Companies: The Role of the Home State Francesco Francioni; Part 2 The United Nations and Human Rights Chapter 6 What Makes Democracy Good? Lyal S. Sunga; Chapter 7 Is the United Nations Human Rights Council Living Up to the International Community’s Expectations? Markus G. Schmidt; Chapter 8 The UN Human Rights Council: The Perennial Struggle between Realism and Idealism Bertrand G. Ramcharan; Chapter 9 Eight UN Petitions Procedures: A Comparative Analysis Jakob Th. Möller; Chapter 10 The Legal Status of Views Adopted by the Human Rights Committee – From Genesis to Adoption of General Comment No. 33 Geir Ulfstein; Chapter 11 Winter Break 2010: A Week in the Life of a Special Rapporteur Martin Scheinin; Chapter 12 Legal and Judicial Shortcomings of the Surrogate State of “UNMIKISTAN” Margrét Heinreksdóttir; Chapter 13 The Right to Inclusive Education for Children with Disabilities – Innovations in the CRPD Oddný Mjöll Arnardóttir; Part 3 Human Rights at the Regional Level Chapter 14 The Council of Europe: A Champion in Monitoring Implementation of Human Rights Standards? Petter F. Wille; Chapter 15 Flexibilising the Modes of Amending the European Convention on Human Rights: An Idea for a ‘Statute’ for the European Court Krzysztof Drzewicki; Chapter 16 Strengthening of the Principle of Subsidiarity of the European Convention on Human Rights Björg Thorarensen; Chapter 17 Presumption of Convention Compliance Davíð Þór Björgvinsson; Chapter 18 The Right to Adequate Judicial Reasoning Ragnar Aðalsteinsson; Chapter 19 Dialogue Between States and International Human Rights Monitoring Organs – Especially the European Commission Against Racism and Intolerance Lauri Hannikainen; Chapter 20 How Old Are You? Age Discrimination and EU Law Allan Rosas; Chapter 21 NHRIs in the European Union: Status Quo Vadis? Morten Kjærum and Jonas Grimheden; Chapter 22 Selected Examples of the Contemporary Practice of the Inter-American System in Confronting Grave Violations of Human Rights: United States and Colombia Diego Rodríguez-Pinzón; Part 4 Indigenous Peoples and Minorities Chapter 23 Prevention of Discrimination, Protection of Minorities, and the Rights of Indigenous Peoples: Challenges and Choices Asbjørn Eide; Chapter 24 Minority Protection in the African System of Human Rights Michelo Hansungule; Chapter 25 Indigenous Peoples on the International Scene: A Personal Reminiscence Lee Swepston; Chapter 26 Indigenous Peoples and the Right to Development Rainer Hofmann and Juri Alistair Gauthier; Chapter 27 Principal Problems Regarding Indigenous Land Rights and Recent Endeavours to Resolve Them Erica-Irene A. Daes; Chapter 28 Traditional Knowledge of Indigenous Peoples: Preserve or Protect? – That’s the Question! Mpazi Sinjela; Chapter 29 Redefi ning Sovereignty and Self-Determination through a Declaration of Sovereignty: The Inuit Way of Defi ning the Parameters for Future Arctic Governance Timo Koivurova; Part 5 Human Rights in National Practices Chapter 30 Compliance with the Views of the UN Human Rights Committee and the Judgments of the European Court of Human Rights in Iceland Gudrun Gauksdottir and Thordis Ingadottir; Chapter 31 Átti skortur á lýðræðislegum stjórnarháttum þátt í nýafstöðnu bankahruni á Íslandi? (Did Lack of Democratic Governance Contribute to the Recent Collapse of the Icelandic Banking System?) Summary in English Eiríkur Tómasson; Chapter 32 “Only a Virtuous People are Capable of Freedom”: Constitutional Principles and Preceding Causes of the Crash in Iceland Herdís Thorgeirsdóttir; Chapter 33 The Constitutionalism of the Republic of Iceland and the Role and Status of the President Ágúst Þór Árnason; Chapter 34 The Hundred-Year Journey of the Concept of Human Rights in China Xu Xianming; Chapter 35 Article 17 of China’s Regional National Autonomy Law: Its Implementation and Implications Maria Lundberg and Zhou Yong; Chapter 36 Enforcement of Economic, Social and Cultural Rights at National Level: The Indian Practice Manoj Kumar Sinha;

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Book SynopsisThe two Protocols Additional to the Geneva Conventions are a cornerstone of the current law regulating armed conflict. The authors, who took part in their negotiation, explain the origin and the meaning of the text and provide, thus, and important help for their understanding and application. The current volume is a revised reprint, with new introductory materials, of the original text published in 1982.Table of ContentsPreface; Abbreviations; General Introduction and Guide to Documentation (B./P.) Protocol I Part I General Provisions Part II Wounded, Sick and Shipwrecked Section I —General Protection Section II — Medical Transportation Section III — Missing and Dead Persons Part III Methods and Means of Warfare Combatant And Prisoner-of-War Status Section I — Methods and Means of Warfare Section II — Combatant and Prisoner-of-War Status Part IV Civilian Population Section I — General Protection against Effects of Hostilities Section II — Relief in Favour of The Civilian Population Section III — Treatment of Persons in the Power of a Party to the Conflict Part V Execution of the Conventions and of this Protocol Section II — Repression of Breaches of the Conventions and of this Protocol Part VI Final Provisions Annex I Regulations Concerning Identification Annex II Identity Card for Journalists on Dangerous Professional Missions Protocol II Part I Scope of this Protocol Part II Humane Treatment Part III Wounded, Sick and Shipwrecked Part IV Civilian Population Part V Final Provisions Selective Bibliography; List Of States Signatories; Declarations Made Upon Signature; List Of States Parties; Reservations And Declarations Made Upon Ratification Or Accession; Index.

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Book SynopsisPromoting Accountability under International Law for Gross Human Rights Violations in Africa reflects primarily upon the work of the International Criminal Tribunal for Rwanda in challenging impunity for serious crimes committed in Rwanda in 1994. The authors, among whom are leading scholars and practitioners of international law, draw lessons for future tribunals such as the permanent International Criminal Court.Table of ContentsForeword by Sir Dawda Jawara; Foreword by Judge Navi Pillay; Preface and Acknowledgments; Hassan Bubacar Jallow: A Biographical Summary; Abbreviations; List of Editors and Contributors; Part 1: Hassan Bubacar Jallow – The Man 1. Hassan Bubacar Jallow: The Man on a Journey for Justice – Chernor S. Jallow 2. Hassan Bubacar Jallow: The Man behind the Action – Murtaza Jaffer 3. Justice Hassan Bubacar Jallow’s Contribution to the Development of Law in The Gambia:The Supreme Court Years – Ousman A.S. Jammeh 4. Towards Reviving Legal Professionalism and the Need for Ethical Leadership – Aboubacar Abdullah Senghore Part 2: The Role of the International Prosecutor 5. The Role of the International Prosecutor as a Custodian of Global Morality – Bankole Thompson 6. Selecting Cases at the International Criminal Tribunal for Rwanda – William A. Schabas 7. The Experience of the Office of the Prosecutor of the International Criminal Tribunal for Rwanda Concerning Arrest Strategies and Lessons Learnt for the Office of the Prosecutor of the International Criminal Court – Phakiso Mochochoko Part 3: Institutional Dimensions of International Criminal Justice 8. The ICC’s Twelfth Anniversary Crisis: Growing Pains or Institutional Deficiency? – M. Cherif Bassiouni 9. Protection of Civilians against Atrocity Crimes: The Role of Regional Organizations – Adama Dieng 10. The Legacy of the International Criminal Tribunal for Rwanda – Leila N. Sadat 11. The Legacy of International and Hybrid Courts - Are Human Rights More Respected? A Tribute to Justice Hassan B. Jallow – David Tolbert and Laura A. Smith Part 4: Substance and Process in International Criminal Justice 12. An Unbreakable Thread? The Presumption of Innocence in International Law – Karim A. A. Khan, Dato’ Shyamala Alagendra and Anand A. Shah 13. Cumulative Charges under International Criminal Law: Issues and Perspectives – Bongani Majola 14. Permissibility of Convictions for Genocide and Conspiracy to Commit Genocide in Respect of the Same Events – Roman Boed 15. The Taylor Case: Aiding and Abetting, “Special Direction” and the Possibility of Strict Liability for Remote Offenders – Frédéric Mégret and Siena Anstis 16. The Law and Politics of the Charles Taylor Case – Charles Chernor Jalloh Part 5: Gender-Based Crimes under International Criminal Law 17. The Sexual and Gender-Based Crimes Policy Paper of the Office of the Prosecutor of the International Criminal Court – Fatou Bensouda 18. Challenging Impunity for Crimes of Sexual Violence: The Efforts of Prosecutor Jallow to set the Record Straight – Linda Bianchi 19. Justice Hassan Bubacar Jallow and Gender Justice in International Criminal Prosecutions – George Mugwanya Part 6: Concurrent Jurisdiction between National and International Courts 20. Transfer of Cases under the Jurisprudence of the ICTR and Lessons Learnt for the ICC – Alhagi Marong and Charles Chernor Jalloh 21. Justice Hassan Jallow’s Contribution to International Criminal Justice: An OTP Perspective – Alex Obote-Odora 22. Monitoring and the Referral of Criminal Cases between Jurisdictions: An ICTR Contribution to Best Practice – Joanna Harrington Part 7: International Law, Human Rights and Governance 23. Justice for the United Nations: A Quiet Revolution? – Geoffrey Robertson 24. Borrowing International Human Rights Law: Some Examples from the Doctrine of the Margin of Appreciation in the African Charter on Human and Peoples’ Rights – Rachel Murray 25. From Coup Reaction to Coup Prevention – Christopher Waters 26. International Criminal Law and Refugee Law: Lessons Learned – Joseph Rikhof 27. African Languages in International Criminal Justice: The International Criminal Tribunal for Rwanda and Beyond – Leigh Swigart Index.

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Book SynopsisDuring the last decade, the image of war correspondents in the news has shifted dramatically. Reports are no longer full of cheerleading stories of embedded journalists. Instead, stories of war reporters being attacked, kidnapped or injured prevail. Sadly, the former heroic witnesses to war have become victims of their own story. In this book, Nina Burri provides the first comprehensive analysis on how international law protects professional and citizen journalists, photographers, cameramen and their support staff during times of war. Using examples from recent armed conflicts in Iraq, Libya, Gaza and Syria, Burri explores the means, methods and risks of contemporary war coverage and examines the protection of news providers by international humanitarian law, international criminal law and human rights law.Table of ContentsContents – Summary List of Abbreviations; Glossary; Acknowledgements; Introduction Chapter 1: War Reporting in the 21st Century Chapter 2: Definitions and Applicable Law Chapter 3: The Personal Protection of News Providers in International Law Chapter 4: The Functional Protection of ‘Providing News’ in International Law Chapter 5: Potential and Concepts for Reform Concluding Observations Table of Treaties and Legislation; Table of Cases; Bibliography; Other Materials; Index.

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Book SynopsisMass Atrocities, Risk and Resilience examines the relationship between risk and resilience in the prevention of genocide and other mass atrocities and explores two broad areas of neglect. In terms of prevention, there is very little research that analyzes how local and national actors manage the risk associated with mass atrocities. In the field of comparative genocide studies, to date there has been very little interest in examining negative cases. Although much is known about why mass atrocities occur, much less is established about why they do not occur. The contributions in this book address this neglect in two important ways. First, they challenge commonly-accepted approaches to prevention. Second, they explore negative cases in order to better understand how local and national actors have mitigated risk over time.Table of ContentsList of Tables Acknowledgements 1. Introduction – Exploring Risk and Resilience: Implications for comparative genocide studies, and mass atrocity prevention Stephen McLoughlin PART I: CONCEPTUAL APPROACHES TO PREVENTION 2. The Next ‘Spring’ is Certain to Come – and Certain to be Missed: Deficits in conflict prevention and research Witold Mucha 3. ‘Who is the subject of atrocities prevention?’ Bridget Conley-Zilkic 4. Rethinking the Structural Prevention of Mass Atrocities Stephen McLoughlin PART II: INVESTIGATING THE NON-OCCURRENCE OF GENOCIDE AND OTHER MASS ATROCITIES 5. International Affinity and the Prevention of Genocide: Implications for R2P Manus I. Midlarsky 6. Rethinking Approaches to Prevention under the Responsibility to Protect: Agency and Empowerment within Vulnerable Populations Deborah Mayersen 7. Indigenous State-building: 'Local' actors in Somaliland's stabilization Michael Walls 8. Iran 1998-2008: Insight on the containment of risk Sara E. Davies 9.Azerbaijan 1998-2008: Ceasefire, stalemate and simmering tensions Stephen McLoughlin Bibliography About the Authors Index

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Book SynopsisDetention of Non-State Actors engaged in Hostilities: The Future Law explores legal dilemmas facing detention management during military missions overseas. Armed forces increasingly find themselves facing non-international armed conflict with non-state actors, such as insurgents, terrorists or other civilians, whom they might be permitted to kill or capture in some circumstances. The book considers the legal powers of military forces to apprehend non-State actors and to hold them in ongoing detention or to transfer them to judicial authorities for prosecution. It deals with both theoretical approaches and practical case studies concerning management and treatment of detainees. It concludes by synthesizing the options and delivering a detailed set of guidelines that are proposed as emerging norms for the detention of non-state actors in an armed conflict.Table of Contentsi Author Index ii Glossary 1. Introduction Gregory Rose and Bruce Oswald; Perspectives 2. Convergence of Norms across the Spectrum of Armed Conflicts: International Humanitarian and Human Rights Law Emily Crawford; 3. The Limitations of Legal Reasoning: Negotiating the Relationships between International Humanitarian Law and Human Rights Law in Detention Situations Sarah McCosker; 4. The Convergence of Violence around a Norm: Direct Participation in Hostilities and Its Significance for Detention Standards in Non-International Armed Conflict Jody Prescott; 5. Reimagining the Wheel: Detention and Release of Non-State Actors under the Geneva Conventions Chris Jenks; Case Studies 6. The Coalition Provisional Authority for Iraq 2004-2008: Transitioning From Administrative Internment to Criminal Justice Based Detention Operations Angeline Lewis; 7. Australian Detention Operations in Afghanistan: Practices and Challenges Paul Cronan; 8. Detention in British International Military Operations Linda Dann; 9. An Indian Perspective on Detention of Non-State Actors Engaged in Hostilities B.V. Kumar; 10. Preventive Detention for National Security Purposes: The Three Facets of the Israeli Experience Dvir Saar and Ben Wahlhaus; 11. U.S. Detention of Terrorists in the 21st Century Bill Lietzau; 12. NATO Responsibility for Detention Mark Dakers; Formulating Guidance 13. Information and Notification concerning Detention in Non-International Armed Conflicts Bruce Oswald; 14. Copenhagen Process Principles and Guidelines for Detention - Legal and Political Challenges Thomas Winkler; 15. Detention in United Nations Peace Operations Katarina Grenfell; Recommendations 16. Detention of Non-State Actors Engaged in Hostilities – Recommendations for Future Law Gregory Rose; Appendices Geneva Conventions, Common Article 3; Geneva Convention III, Article 4; Geneva Convention IV, Articles 5, 42, 43; Additional Protocol I – Article 75; Additional Protocol II – Articles 4, 5; ICRC – Resolution and Report on Strengthening Legal Protection for Victims of Armed Conflicts: Introduction by Monica Silverwood, ICRC; Subject Index.

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Book SynopsisThe Iron Curtain fell over a quarter of a century ago. With it fell also the relatively straightforward Western assumption that war was going to be a bi-polar, symmetrical affair, albeit one with nuclear overtones - an assumption around which the training and education of military officers had hitherto been built. The immediate post Cold War period showed officers wearing a blue, rather than a green helmet, negotiating with opponents whom they ought not to call enemies and keeping the peace in situations where there was no peace to keep. Added to this was the phenomenon of international terrorism, which manifested itself on the strategic, rather than merely the tactical level. Counter-insurgency operations in Iraq and Afghanistan demonstrate how difficult it is to win the hearts and minds of the local population while subduing the enemy at the same time. With the distinction between what is morally right and wrong becoming ever more blurred, the moral dilemmas of officers and men have begun to multiply and the need to reconsider the basic assumptions and practices of military ethics education in this highly unpredictable world has become ever more urgent. This volume, arising out of a conference held at the Centre for Leadership Development and Civic Education of the German Armed Forces, attempts to address that need. It offers the insights both of officers with combat experience and academics closely familiar with military training, and uniquely bridges the gap between theory and practice in the teaching of military ethics.Table of ContentsFrom Theory to Practice: The Short Long Path Thomas R. Elßner and Reinhold Janke; Discours d’introduction de la 4ème conférence annuelle d’Euro-isme Benoit Royal; Introduction to the 4th Annual Conference Euro-isme Benoit Royal; List of Contributors; 1 Responsibility Towards Myself and My Conscience: Leadership Responsibility between Ethics and Purpose Jürgen Weigt; 2 Didactics of Military Ethics: From Theory to Practice Thomas R. Elßner; 3 ‘What I Have Learned’ George Lober; 4 Ethics and the Changing Character of War Martin L. Cook; 5 Why Address the ‘E’-Word in Military Ethics Education?: The Role of Emotions in Moral Judgement and Decision-Making Desiree Verweij; 6 Values - Attitude - Education: Military Ethics Education Formats at zebis Veronika Bock and Kristina Tonn; 7 Menschengerechte Soldaten – Soldatengerechte Ethikausbildung: Am Beispiel der Unteroffiziersausbildung im Österreichischen Bundesheer Stefan Gugerel; 8 Moral Judgement in War and Peacekeeping Operations: An Empirical Review Femke D.A. den Besten, Ellen Giebels, Miriam C. de Graaff and Desiree E.M. Verweij ; 9 Explaining Military Ethics to Young People: Role and Teaching Methods of Youth Information Officers Moritz Brake; 10 Ethics of War as a Part of Military Ethics Jovan Babic; 11 Leadership for Mere Mortals Timothy T. Lupfer; 12 Less Lethal Weapons in Military Operations Patrice Mompeyssin; 13 A Dichotomy of Conflicting Duties Jeff Montrose; 14 Conveying Ideas and Values in Education! Challenges in Teaching Military Ethics Edwin R. Micewski; 15 Sound Moral Psychology behind Ethics Education Florian Demont; 16 Legitimacy of Military Deployments Especially in Asymmetric Conflicts Hartwig von Schubert; 17 Attitudes of Military Academy Cadets on Code of Honour of the Serbian Army Zoran Jeftic, Vanja Rokvić and Svetlana Stanarevic; Index of Names; Index of Subjects.

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Book SynopsisIn Jus Post Bellum, Jens Iverson provides the Just War foundations of the concept, reveals the function of jus post bellum, and integrates the law that governs the transition from armed conflict to peace. This volume traces the history of jus post bellum avant la lettre, tracing important writings on the transition to peace from Augustine, Aquinas, and Kant to more modern jurists and scholars. It explores definitional aspects of jus post bellum, including current its relationship to sister terms and related fields. It also critically evaluates the current state and possibilities for future development of the law and normative principles that apply to the transition to peace. Peacebuilders, scholars, and diplomats will find this book a crucial resource.Table of Contents Introduction  AIntroducing the Theme of Jus Post Bellum  BSummary  CProblematizatio  DResearch aims  EResearch questions  FPropositions  GConceptual framework  HAddressees of Jus Post Bellum  IExplanation of Structure  Part 1    1Past – The Deep Roots of Jus Post Bellum  AIntroduction  BHistorical Development  1Augustine of Hippo (354-430)  2Institutes of Justinian (533)  3Raymond of Penafort (1175-1275) (Decretals of Gregory IX)  4Thomas Aquinas (1225-1274)  5Baldus de Ubaldis (1327-1400)  6Francisco de Vitoria (1492 – 1546)  7Francisco Suarez (1548-1617)  8Alberico Gentili (1552- 1608)  9Petrus Gudelinus (1550-1619)  10Hugo Grotius (1583-1645)  11Christian Wolff (1679-1754)  12Emer de Vattel (1714-1767)  13Immanuel Kant (1724-1804)  CConclusion  2Exploration of Sister Terms  AJus In Bello  BJus Ad Bellum  CImport for Jus Post Bellum and the Trichotomy  3Three Approaches to Jus Post Bellum  AIntroduction  BTemporal Approach  CFunctional Approach  DHybrid Approach  ELex Specialis and Lex Generalis  FInterplay  GHybrid Approach to Jus Post Bellum  4Present – An Exploration of Contemporary Usage  AThe Existing Matrix of Definitions: A Review of Contemporary Scholarship  1Introduction  2Identifying the Definitional Dichotomy — Functional vs. Temporal  3Problems of the Dichotomy  4Importance  5Empirical Analysis  BContrasting Jus Post Bellum and Transitional Justice  1Introduction  2The Grotian Tradition  3Basic Definitions  4Contrasting the Content of Transitional Justice and Jus Post Bellum  5Temporal Contrast – the Dynamics  6Specific to Global Contrast  7Legal Contrast  8Historical Foundations  9Going Forward – Continuing the Grotian Tradition  5Empirical Analysis of the Literature  AIntroduction  BMethod  CFindings  1Summary Findings  2Unclassifiable  3Functional Definitions  4Temporal Definitions  DConclusion 195  Part 2    6Jus Post Bellum in the context of International and Non-International Armed Conflict  AIntroduction  BJus In Bello in IAC and NIAC  CJus Ad Bellum in IAC and NIAC  DJus Post Bellum in IAC and NIAC  1Complications  2Prohibitions and Facilitations  3More Procedural Aspects  4Mixed Procedural and Substantive Aspects  5More Substantive Aspects  EConclusion  7Contemporary Legal Content of Jus Post Bellum  AIntroduction  1Chapter Focus  2Responses to Critical Approaches to Jus Post Bellum  BProcedural Fairness and Peace Agreements  1Article 52 of the Vienna Convention on the Law of Treaties  2Other Considerations of procedural fairness  CThe Responsibility to Protect  DTerritorial Dispute Resolution  1Prohibition of Annexation  2Self-determination  EConsequences of an Act of Aggression  FInternational Territorial Administration and Trusteeship  GThe Law Applicable in a Territory in Transition  1The Law of State Succession  2Human Rights Law and the Rights and Interests of Minorities  3The Laws of Occupation  HThe Scope of Individual Criminal Responsibility  IOdious Debt  JAlternative structuring of Jus Post Bellum  KConclusion  8Future? Rethinking Transformative Occupation and Democratization  AIntroduction  BThe Interests of Groups in the Transition to Peace  CJus Post Bellum and Democratization  DThe Problem of Undemocratic Transitions to Peace  1The Natural Tendencies of Unguided Transitions to Peace to Favor the Powerful  2The Limitations of Public International Law and Traditional International Humanitarian Law  3The Limitations of Human Rights Law, Transitional Justice, and International Criminal Law  ETransformative Occupation and Democratic peace  1The Problem of Transformative Occupation  2Kant’s Concept of a Warlike Constitution  3Democratic Peace  4The Role of Protecting the Rights and Interests of Women in a Democracy  FArgument for Democratization in the Transition to Peace  GTransformative Occupation that Considers Group Interests and Participation Aiding the Transition to Peace  9Conclusions  AKey Strengths  1Broad and Increasing Interest  2Foundation  BKey Weaknesses  1Lack of Consensus  2Difficulties of Integrating a Range of Sources  CKey Opportunities  1The Opportunity to Clarify a Range of Areas of Law and Practice  2The Opportunity to Contribute to the Establishment of Just and Enduring Peace  DKey Threats  1The Threat of Politicization  2The Threat of Discouraging Peace  EFinal Conclusion  Bibliography  ALiterature  a.Table of Cases  b.Table of Treaties  c.UN Documents  d.Miscellaneous Sources  e.Online Sources  Index

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