Public international law: humanitarian law Books
University of Pennsylvania Press How to Accept German Reparations Pennsylvania
Book SynopsisIn a landmark process that transformed global reparations after the Holocaust, Germany created the largest sustained redress program in history, amounting to more than $60 billion. When human rights violations are presented primarily in material terms, acknowledging an indemnity claim becomes one way for a victim to be recognized. At the same time, indemnifications provoke a number of difficult questions about how suffering and loss can be measured: How much is an individual life worth? How much or what kind of violence merits compensation? What is financial pain, and what does it mean to monetize concentration camp survivor syndrome?Susan Slyomovics explores this and other compensation programs, both those past and those that might exist in the future, through the lens of anthropological and human rights discourse. How to account for variation in German reparations and French restitution directed solely at Algerian Jewry for Vichy-era losses? Do crimes of colonialism merit rTrade Review"How to Accept German Reparations is a fascinating read, with insights on reparations, mourning, and memory that far transcend the particular instance of the Holocaust. Anyone interested in these issues, no matter where they apply, should read this book." * Human Rights Quarterly *"[An] idiosyncratic, far-ranging, well written book. . . . This is several thoughtful books in one." * Lora Wildenthal, German History *"This remarkable book is a deeply anthropological study of a problem that reaches back into the author's own familial past and connects it with an astonishing but entirely persuasive array of themes, including agency, victimhood, nationalism, racism, and religion. Slyomovics's measured, graceful prose undoes the false simplicities of attributing right and wrong-locating the book securely at the heart of what social anthropology is all about." * Michael Herzfeld, Harvard University *
£25.19
The University of Alabama Press Drone Warfare and Lawfare in a PostHeroic Age
Book SynopsisIn this landmark study, Marouf Hasian illuminates both the discursive and visual argumentative strategies that drone supporters and critics both rely on. He comprehensively reviews how advocates and detractors parse and re-contextualize drone images, casualty figures, governmental white papers, NGO reports, documentaries, and blogs to support their points of view.
£40.80
East European Monographs The War Crimes Trial of Hungarian Prime Minister
Book SynopsisLaszlo Bardossy, the Hungarian prime minister who proclaimed war against the Soviet Union and was later executed as a war criminal, remains a controversial figure. Pal Pritz offers readers a rare, balanced interpretation of his life, along with documents from his postwar trial.
£35.70
Cambridge University Press Nuclear Weapons
Book SynopsisA new nuclear arms race is underway between Russia and the United States, one that focuses on the technology of delivery of nuclear warheads. This book describes how and why this race is happening, who still possesses nuclear weapons, and what constraints apply to those weapons under international law. A global nuclear ban treaty entered into force in January 2021, but the nuclear powers kept distant. The last remaining treaty restraining the arsenals of the two nuclear superpowers will expire in less than five years'' time and the risk is that other States will turn to nuclear arms for their defence, further fracturing the non-proliferation regime installed after the Cuban missile crisis.Table of ContentsCases and Materials; Introduction; 1. The development of nuclear weapons; 2. Use of nuclear weapons; 3. The treaty on the non-proliferation of nuclear weapons; 4. The testing of nuclear weapons; 5. Agreements between Russia and the United States; 6. Treaties prohibiting nuclear weapons; 7. Verification; 8. Use and testing of nuclear weapons under international law; Concluding remarks on the future of nuclear arms control and disarmament; Select bibliography.
£39.89
Cambridge University Press Genocide in International Law
Book SynopsisThe 1948 Genocide Convention is a vital legal tool in the international campaign against impunity. Its provisions, including its enigmatic definition of the crime and its pledge both to punish and to prevent the ''crime of crimes'', have now been considered in important judgments by the International Court of Justice, the international criminal tribunals and domestic courts. Since the second edition appeared in 2009, there have been important new judgments as well as attempts to apply the concept of genocide to a range of conflicts. Attention is given to the concept of protected groups, to problems of criminal prosecution and to issues of international judicial cooperation, such as extradition. The duty to prevent genocide and its relationship with the doctrine of the ''responsibility to protect'' are also explored.
£76.00
Edward Elgar Publishing Ltd Equality and NonDiscrimination in Armed Conflict
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
£104.50
Edward Elgar Publishing Ltd Military Justice
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
£38.90
Edward Elgar Publishing Women and War Economies
Book Synopsis
£95.00
Cambridge University Press Torture Power and Law
Book SynopsisThis volume brings together the most important writing on torture and the ''war on terror by one of the leading US voices in the torture debate. Philosopher and legal ethicist David Luban reflects on this contentious topic in a powerful sequence of essays including two new and previously unpublished pieces. He analyzes the trade-offs between security and human rights, as well as the connection between torture, humiliation, and human dignity, the fallacy of using ticking bomb scenarios in debates about torture, and the ethics of government lawyers. The book develops an illuminating and novel conception of torture as the use of pain and suffering to communicate absolute dominance over the victim. Factually stimulating and legally informed, this volume provides the clearest analysis to date of the torture debate. It brings the story up to date by discussing the Obama administration''s failure to hold torturers accountable.Trade Review'David Luban has written over the past decade an extraordinarily compelling set of philosophical, legal (and simply human) reflections on what has unfortunately become a defining issue - torture. He raises crucial questions not only about the role of lawyers in legitimizing indefensible practices, but also about broader aspects of moral argument, especially the common practice of relying on 'extreme cases' and 'brainteasers' as alternatives to confronting more mundane (and horrific) realities. The book therefore promises to be important even after that happy day when torture has indeed been eliminated from the world.' Sanford Levinson, University of Texas, Austin'Of all those who have written on themes of justice and power in the aftermath of 9/11, David Luban's work is among the very best. His elegant argumentation and fluid prose effortlessly cross the boundaries between law, philosophy and political theory. Taken together, these essays provide a hugely compelling defence of fundamental rights in the face of those who have sought to weaken longstanding constitutional and moral protections. No one with an interest in society's response to torture or the broader debate on civil liberties can afford to ignore this book.' David Rodin, University of Oxford'If there is but one book to pick from the shelf dealing with the US political crisis over the use of torture, then clearly it is David Luban's. With a merciless dissection of the semantic games played by Washington lawyers and a brilliant discussion of the key questions of law and ethics at the heart of the torture debate, Luban emerges as the subject's undisputed grand master.' Scott Horton, Columbia Law School'David Luban's writing has been indispensable in the torture debates. No one has done more than he has to confront the 'ticking bomb' hypothetical. No one has engaged more deeply with our understanding of what torture is than Luban has in his essay on 'the communicative aspect of torture'. These writings represent perhaps the most serious and sensitive work that has emerged from this grim chapter in America's history.' Jeremy Waldron, New York UniversityTable of ContentsPreface; Part I. Downgrading Rights and Expanding Power During Post-9/11 Panic: 1. The war on terrorism and the end of human rights; 2. Eight fallacies about liberty and security; Part II. The Ticking Bomb as Moral Fantasy and Moral Fraud: 3. Liberalism, torture, and the ticking bomb; 4. Unthinking the ticking bomb; Part III. The Evils of Torture: 5. A communicative conception of torture; 6. Human dignity, humiliation, and torture; 7. Mental torture: a critique of erasures in US law (with Henry Shue); Part IV. Complicity in Torture: 8. The torture lawyers of Washington; 9. Tales of terror: lessons for lawyers from the war on terrorism; 10. An affair to remember.
£57.74
Cambridge University Press International Criminal Tribunals
Book SynopsisThis book considers the myriad of critics of international criminal law concerning normative concepts of legitimacy, sovereignty, responsibility, punishment, economics, politics, evidence, and fairness. This is the first book to provide a thorough defense of international criminal tribunals, especially the International Criminal Court, from critics of diverse perspectives and disciplines.Trade Review'Since the field's rebirth two decades ago in The Hague, the legal analysis of international criminal justice has exploded. But with this powerful and probing intervention, May and Fyfe demonstrate that it is philosophical concepts that best legitimate and critique the current practice of international tribunals. With this compelling and urgent book, a true philosophy of international criminal law has now arrived.' Jens David Ohlin, Associate Dean for Academic Affairs and Professor of Law, Cornell Law School'The authors' analysis of the various critiques yields both normative arguments about the value of international criminal tribunals and suggestions about how the institutions can be improved. In advancing their normative claims and supporting their prescriptive suggestions, the authors draw on a deep well of philosophical and theoretical concepts, including legitimacy, fairness, effectiveness, and efficiency. The result is a book that not only canvases and addresses the broad array of critiques leveled at international criminal tribunals but adds significantly to the rather scant literature on the philosophical justifications for international criminal justice.' Margaret M. deGuzman, Ethics & International AffairsTable of ContentsIntroduction; 1. Legitimacy; 2. Sovereignty; 3. Punishment; 4. Responsibility; 5. Economics; 6. Politics; 7. Evidence; 8. Fairness; 9. Concluding remarks.
£67.50
Cambridge University Press Reimagining the National Security State
Book SynopsisReimagining the National Security State provides the first comprehensive picture of the toll that US government policies took on civil liberties, human rights, and the rule of law in the name of the war on terror. Looking through the lenses of theory, history, law, and policy, the essays in this volume illuminate the ways in which liberal democracy suffered at the hands of policymakers in the name of national security. The contributors, who are leading experts and practitioners in fields ranging from political theory to evolutionary biology, discuss the vast expansion of executive powers, the excessive reliance secrecy, and the exploration of questionable legal territory in matters of detention, criminal justice, targeted killings, and warfare. This book gives the reader an eye-opening window onto the historical precedents and lasting impact the security state has had on civil liberties, human rights and, the rule of law in the name of the war on terror.Trade Review'In Reimagining the National Security State, Karen J. Greenberg has brought together a veritable who's who of scholars and practitioners to help us understand how and why the post-9/11 state of exception favoring security over liberty has increasingly become the norm in American politics. This collection makes for bracing, disturbing, and essential reading for anyone who hopes that we can reset that balance.' Michael C. Desch, Packey J. Dee Professor of International affairs and Director of the Notre Dame International Security Center'This book brings together some of our finest political thinkers to consider what has happened to the dream of liberal democracy. Has the West permanently lost its way? Is the security state a necessary, perhaps temporary step toward the salvation of democracy in the face of terrorism and the challenges of rising autocratic powers? Or does the security state represent the surrender of values that were presumed to be the core of liberalism in the West? These questions are illuminatingly addressed in this valuable collection.' Larry Wright, author of The Looming Tower and The Terror Years'This collection of outstanding essays makes clear that America's war on terrorism is undermining its liberal democratic traditions and institutions. Anyone who doubts the Founding Fathers' warnings about the dangers of fighting endless wars should read this important book.' John J. Mearsheimer, R. Wendell Harrison Distinguished Service Professor of Political Science, University of ChicagoTable of ContentsForeword Donald Glascoff; Part I. The National Security State: Power and Purpose in Perspective: 1. Who's checking whom? Michael J. Glennon; 2. The deep state vs the failed state: illusions and realities in the pursuit of security John Gray; 3. A tale of two countries: fundamental rights in the 'war on terror' Douglas Cassel; 4. The national security state gone awry: returning to first principles Loch K. Johnson; Part II. Tracking the Decline: 5. The illiberal experiment: how Guantanamo became a defining American institution Michel Paradis; 6. National security and court deference: ramifications and worrying trends Laura Pitter; 7. The zealotry of 'terrorism' Thomas A. Durkin; 8. Re-imagining the national security state: illusions and constraints – by the numbers Joshua L. Dratel; 9. Beyond counterinsurgency paradigm of governing: letting go of prediction and the illusion of an internal enemy Bernard E. Harcourt; 10. Re-establishing the rule of law as national security Mary Ellen O'Connell; Part III. Novel Paths Forward: 11. Rethinking the national security state from an evolutionary perspective: a reconnaissance David Sloan Wilson; 12. Concluding remarks John Berger; Select bibliography; Index.
£21.84
Cambridge University Press The International Law of Migrant Smuggling
Book SynopsisThis book, a companion volume to The International Law of Human Trafficking, presents the first-ever comprehensive and in-depth analysis of the international law of migrant smuggling. The authors call on their direct experience of working with the United Nations to chart the development of new international laws.Trade Review'In her award-winning book, The International Law of Human Trafficking, Anne Gallagher created an invaluable reference for policy makers, practitioners and all those working to end impunity for traffickers and secure justice for victims. This volume, The International Law of Migrant Smuggling, is a fitting and timely successor. With precision, clarity and compassion, Gallagher and her coauthor untangle the complex and often misunderstood web of rights, obligations and responsibilities that govern the facilitated movement of irregular migrants across borders. In so doing they make abundantly clear what States must, may, and may not do when responding to migrant smuggling. Looking ahead, there can be little doubt that migrant smuggling will continue to present a great challenge to the international community. I am confident that this book will make a substantial contribution to advancing constructive dialogue on this difficult, controversial issue.' William L. Swing, Director General of the International Organization for Migration'Written from extensive experience and a deep understanding of not only the harshness and dangers of migrant smuggling but also of its moral and legal complexity, this book aims to explain 'what States must do, what they may do, and what they are prevented from doing in relation to migrant smuggling'. The authors have achieved this, in a fine work that combines thoughtful and precise analysis with great practical utility.' Vaughan Lowe, QC, Emeritus Chichele Professor of Public International Law, University of Oxford'Migrant smuggling is a major problem for the international community. But regulatory responses rely increasingly on quick fixes such as harsh treatment of the migrants, growing criminalization and the militarization of border controls. This new book, coauthored by Anne Gallagher, one of the world's leading experts, provides a superb overview of the complex international legal regime that applies. It perceptively situates the challenges in the broader context within which long-term solutions must be sought, and it sheds light on the drawbacks and limitations of existing legal and policy approaches.' Philip Alston, John Norton Pomeroy Professor of Law, New York University School of Law'In the history of the human rights movement, most marginalized persons have been able to fight for their rights from the standpoint of citizenship: they were claiming equal treatment as citizens. By definition, irregular migrants will never access the political stage and therefore can only count on the rule of law and human rights guarantees: making this accessible to them is an enormous challenge. Through a particularly thorough analysis of the available international legal sources, Anne Gallagher and Fiona David create a detailed portrait of the irregular migrant as a rights-holder. This volume will be a valuable guide for years to come.' François Crépeau, United Nations Special Rapporteur on the Human Rights of Migrants and Professor of Public International Law, McGill UniversityTable of Contents1. The legal framework: transnational crime, law of the sea, and migration control; 2. The legal framework: human rights and refugee law; 3. Acting against migrant smuggling: capacities and limitations; 4. State responsibility and migrant smuggling; 5. Criminalization of migrant smuggling; 6. Migrant smuggling by sea: interdiction and rescue; 7. Prevention and international cooperation to combat migrant smuggling; 8. Obligations of protection, assistance, and response; 9. Obligations relating to detention of smuggled migrants; 10. Return of smuggled migrants.
£50.56
Cambridge University Press Tallinn Manual 2.0 on the International Law
Book SynopsisTallinn Manual 2.0 expands on the highly influential first edition by extending its coverage of the international law governing cyber operations to peacetime legal regimes. The product of a three-year follow-on project by a new group of twenty renowned international law experts, it addresses such topics as sovereignty, state responsibility, human rights, and the law of air, space, and the sea. Tallinn Manual 2.0 identifies 154 ''black letter'' rules governing cyber operations and provides extensive commentary on each rule. Although Tallinn Manual 2.0 represents the views of the experts in their personal capacity, the project benefitted from the unofficial input of many states and over fifty peer reviewers.Trade Review'Appropriately named Tallinn Manual 2.0: International Law Applicable to Cyber Operations, the new book offers a fascinating look at how far the cyber threat landscape has evolved in the less than half decade since the first version's release in 2013, shifting the focus from conventional state-authorized and operated cyber warfare to the small-bore deniable cyber activities that form the majority of day-to-day cyber attacks today.' Kalev Leetaru, Forbes (www.forbes.com)Table of ContentsPart I. General International Law and Cyberspace: 1. Sovereignty; 2. Due diligence; 3. Jurisdiction; 4. Law of international responsibility; 5. Cyber operations not per se regulated by international law; 6. International human rights law; 7. Diplomatic and consular law; 8. Law of the sea; 9. Air law; 10. Space law; 11. International telecommunication law; Part II. International Peace and Security and Cyber Activities: 12. Peaceful settlement; 13. Prohibition of intervention; 14. The use of force; 15. Collective security; Part III. The Law of Cyber Armed Conflict: 16. The law of armed conflict generally; 17. Conduct of hostilities; 18. Certain persons, objects and activities; 19. Occupation; 20. Neutrality.
£55.99
Rowman & Littlefield The Practical Guide to Humanitarian Law
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
£88.20
John Wiley and Sons Ltd The Responsibility to Protect: From Promise to
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
£41.25
John Wiley and Sons Ltd The Responsibility to Protect: From Promise to
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
£17.09
Bloomsbury Publishing PLC Individuals in International Humanitarian Law
Book SynopsisThis book offers a new, more critical perspective on the regulation and protection of individuals under international humanitarian law. Providing a historical account of the changing conceptualisation of individuals since 1864, the study draws on social constructivism. This approach casts light on the struggle of making sense of, and agreeing on, the position of individuals in armed conflicts during the law-making process, often hidden by international humanitarian law's conventional narratives. This intriguing study grapples with a difficult and disputed area of the law of armed conflict, making a singular and significant contribution which will be welcomed by all scholars in the field.
£80.75
Bloomsbury Publishing PLC The United Nations Security Council and the Authorisation of Force
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.
£85.50
Manchester University Press Humanitarian Intervention in the Long Nineteenth
Book SynopsisThis book is a comprehensive presentation of humanitarian intervention in theory and practice during the course of the nineteenth century. Through four case studies, it sheds new light on the international law debate and the political theory on intervention, linking them to ongoing issues, and paying particular attention to the lesser known Russian dimension.The book begins by tracing the genealogy of the idea of humanitarian intervention to the Renaissance, evaluating the Eurocentric gaze of the civilisation-barbarity dichotomy, and elucidates the international legal arguments of both advocates and opponents of intervention, as well as the views of major political theorists. It then goes on to examine four cases as humanitarian interventions: the Greek War of Independence (1821-31), the Lebanon and Syria (1860-61), the Bulgarian atrocities (1876-78), and the U.S. intervention in Cuba (1895-98).Trade Review‘Sadly, the book is of acute relevance today, at a time when, amidst the ruins of states that have crumbled, humanitarian crises have broken out the world over. The book will be of interest not only to scholars of Ottoman history and international relations in the nineteenth century, but also to politicians and experts dealing with humanitarian intervention as both a concept and practice.’Krisztián Csaplár-Degovics, Hungarian Academy of Sciences, Hungarian Historical Review 5, No 4 (2016) -- .Table of Contents1. Humanitarian intervention todayPart I. TheoryIntroduction2. The origins of the idea of humanitarian intervention: just war and against tyranny 3. Eurocentrism: ‘civilization’ and the ‘barbarians’4. International law: advocacy and rejection of humanitarian intervention 5. Intervention and non-intervention in international political theoryPart II. PracticeIntroduction6. Intervention in the Greek War of Independence7. Intervention in Lebanon and Syria 8. The Bulgarian atrocities: a bird’s eye view with emphasis on Britain 9. The Balkan Crisis of 1875-1878 and Russia: between humanitarianism and pragmatism 10. The U.S. intervention in CubaPart III11. ConclusionSelect bibliography on International Law until 1945Select bibliographyIndex
£24.70
Manchester University Press Aid to Armenia: Humanitarianism and Intervention
Book SynopsisInterventions on behalf of Armenia and Armenians have come to be identified by scholars and practitioners alike as defining moments in the history of humanitarianism. This volume reassesses these claims, critically examining a range of interventions by governments, international and diasporic organizations, and individuals that aimed to ‘save Armenians’. Drawing on perspectives from a range of disciplines, the chapters trace the evolution of these interventions from the late-nineteenth to the present day, paying particular attention to the aftermaths of the genocide and the upheavals of the post-Soviet period. Geographically, the contributions connect diverse spaces and places – the Caucasus, Russia, the Middle East, Europe, North America, South America, and Australia – revealing shifting transnational networks of aid and intervention. These chapters are followed by reflections from leading scholars in the fields of refugee history and Armenian history, Peter Gatrell and Ronald Grigor Suny.Aid to Armenia not only offers an innovative exploration into the history of Armenia and Armenians and the history of humanitarianism, but it provides a platform for practitioners to think critically about contemporary humanitarian questions facing Armenia, the South Caucasus region and the wider Armenian diaspora.Trade Review'This is the 11th volume in the timely and consistently well-edited series “Humanitarianism: Key Debates and New Approaches.” Ten essays, an important introduction, an afterword, and an epilogue present and analyze over a century of humanitarian attempts to help Armenia and Armenians when they were ruled by Ottoman Turkey, Tsarist Russia, and the Soviet Union, or after independence. Some of the best essays are specific and focused, such as Sossie Kasbarian’s “Refuge in the ‘Homeland,’” about Syrian Armenians seeking shelter and humanitarian help due to the ongoing catastrophe in Syria. Others offer accounts of and draw lessons from countries contributing aid, as in Heitor Loureiro’s surprising narrative of attempts to engage Brazil. Vahé Tachjian’s thoughtful account of contributions from a major philanthropic organization of the Armenian diaspora helpfully directs attention to non-state sources of assistance. Not all essays can be enumerated, but Asya Darbinyan’s rich and compact examination of Russian imperial responses to humanitarian catastrophe achieves a particularly complex task well, pointing out differences between assistance coming from first responders, institutions, and then states. The editors instructively summarize the wealth of actions and discourses that together constitute not just Armenian but all modern humanitarianism in this essential collection.'CHOICE -- .Table of ContentsIntroduction – Jo Laycock and Francesca Piana1 Humanitarian accountability: Anglo-American relief during the Hamidian massacres, 1894-98 – Stéphanie Prévost2 Pragmatism and personalities: Etienne Brasil and Brazilian engagement with Armenia, 1912-22 – Heitor Loureiro3 ‘An appeal from afar’: the challenges of compassion and the Australian humanitarian campaigns for Armenian relief, 1900-30 – Joy Damousi4 Humanitarian crisis at the Ottoman-Russian border: Russian imperial responses to Armenian refugees of war and genocide, 1914-15 – Asya Darbinyan5 'Making good' in the Near East: The Smith College Relief Unit, Near East Relief, and visions of Armenian reconstruction, 1919-21 – Rebecca Jinks6 Care and connections: Orphans, refugees, and Norwegian relief in the Soviet Armenian Republi,c 1922-25 – Inger Marie Okkenhaug7 Humanitarian Diaspora? The AGBU in Soviet Armenia, 1920-30s – Vahé Tachjian 8 Tremor and change: Humanitarian interventions after the 1988 earthquake in Armenia – Katja Doose9 Humanitarian intervention meets a de facto state: International peacebuilding consortiums in Nagorny Karabakh, 2003-16 – Laurence Broers10 Refuge in the ‘homeland’: The Syrians in Armenia – Sossie KasbarianAfterword: Displacement and the humanitarian response to suffering: reflections on aiding Armenia – Peter GatrellEpilogue – Ronald Grigor Suny
£76.50
Manchester University Press France, Humanitarian Intervention and the
Book SynopsisSince the end of the Cold War, the protection of human life has been a key priority of the international community. Though France has been at the forefront of these humanitarian efforts, its international role in and long-standing commitment to human protection overlooked and underestimated. Eglantine Staunton offers a compelling corrective to prevailing assumptions about France’s foreign policy, examining its relationship to the dominant international principles established by the humanitarian intervention of the 1990s and the UN’s Responsibility to Protect doctrine in 2005. Combining case studies of the interventions in Kosovo, Rwanda and Iraq, among others, and interviews with key actors including Gareth Evans and Bernard Kouchner, Staunton’s innovative theoretical framework offers a valuable tool for understanding the interplay between domestic and international norms.Trade Review'France has been a central actor in debates about human protection and conflict since the end of the Cold War. Yet, as Eglantine Staunton shows, France’s role has been largely overlooked.... France, humanitarian intervention and the responsibility to protect is an excellent point of departure for those investigating these issues.'Daniel R. Brunstetter, Global Responsibility to Protect‘This excellent book brings to light new and original claims. Staunton persuasively shows that France has both driven forward, and sometimes disrupted, the emerging international human protection regime.’Tim Dunne, Professor of International Relations and Pro-Vice-Chancellor, The University of Queensland‘In this important new book, Eglantine Staunton combines deep insights with fine-grained analysis and an eye for detail. The result is a compelling account that adds fresh insight to our understanding of the global politics of humanitarianism.’Alex J. Bellamy, Professor of Peace and Conflict Studies, The University of Queensland‘A rich exploration of the history of one of the most prominent – though also most overlooked – responsibility to protect proponents.’Phil Orchard, Associate Professor of International Relations, University of Wollongong‘Eglantine Staunton has done a great service in rescuing from Anglophone obscurity France’s remarkable contribution to the global debate around the prevention of mass atrocities.’Simon Adams, Executive Director, Global Centre for the Responsibility to Protect, CUNY Graduate Center -- .Table of ContentsIntroduction1 Theorising the tale of two norms2 France, a norm entrepreneur of humanitarian intervention (1987-1993) 3 France and humanitarian intervention in a climate of contestation (1994-1999) 4 From norm entrepreneur to ‘part of the problem’: France and the emergence of the responsibility to protect (2000-2004) 5 France and the development of the responsibility to protect: Consolidator or threat? (2005-2011) 6 France and the responsibility to protect in a post Libya era (2012-2017) ConclusionReferencesAppendix
£76.50
Manchester University Press African Peace: Regional Norms from the
Book SynopsisAfrican regional organizations have played leading roles in constructing collective conflict management rules for the continent, but these rules or norms have not been static. Currently, the African Union (AU) deploys monitors, authorizes peace support operations, and actively engages to resolve internal conflicts. Just a few decades ago, these actions would have been deeply controversial under the Organization of African Unity (OAU). What changed to allow for this transformation in the way the African regional organization approaches peace and security? African peace examines why the OAU chose norms in 1963 that prioritized state security and led to a policy of strict non-interference - even in the face of destabilizing violence - and why the AU chose very different norms leading to a disparate conflict management policy in the early 2000s. Even if the AU’s capacity to respond to conflict is still developing, this new policy has made the region more willing and capable of responding to violence. Nash argues that norm creation largely happened within the African context, and international pressure was not a determinant factor in their evolution. The role of regions in the international order, particularly the African region, has been under-theorized and under-acknowledged, and this book adds to an emerging literature that explores the role of regional organizations in the Global South in creating and promoting norms based on their own experiences and for their own purposes.Trade Review'By and large, the book adds to a growing literature on African agency in global affairs, with a special interest in peace and security norms. Given its methodological approach of combining research at the AU Commission archives with interviews of AU officials, the narrative is extremely detailed. The author also reminds her readers that institutional design is constantly in the making, which also extends to the underlying norms that govern contemporary African peace and security efforts. Finally, the book is well researched and is a pleasant read. Therefore, it is highly recommended not only to scholars of (African) regional organisations and norm diffusion and African agency but also to those interested in the history of the OAU.' Enrico Behne, Yearbook on the African Union, Volume 2 (2021) -- .Table of Contents1 Introduction2 Peace and security from the organization of African Unity to the African Union3 Pan-Africanism and the road to independence4 The creation of the organization of African Unity5 The institutions and policies of the organization of African Unity6 The first decade of the organization of African Unity7 An era of change8 Changing international and regional dynamics9 The final decade of the organization of African Unity10 International conflict management after the end of the Cold War11 The advent of the African Union12 ConclusionsIndex
£76.50
Manchester University Press Humanitarianism, Empire and Transnationalism,
Book SynopsisThis is the first book to examine the shifting relationship between humanitarianism and the expansion, consolidation and postcolonial transformation of the Anglophone world across three centuries, from the antislavery campaign of the late eighteenth century to the role of NGOs balancing humanitarianism and human rights in the late twentieth century. Contributors explore the trade-offs between humane concern and the altered context of colonial and postcolonial realpolitik. They also showcase an array of methodologies and sources with which to explore the relationship between humanitarianism and colonialism. These range from the biography of material objects to interviews as well as more conventional archival enquiry. They also include work with and for Indigenous people whose family histories have been defined in large part by ‘humanitarian’ interventions.Table of ContentsIntroduction: Selective humanity: Three centuries of Anglophone humanitarianism, empire and transnationalism – Trevor Burnard, Joy Damousi and Alan LesterPart I: Transatlantic humanitarianism, 1760–18381 Anthony Benezet: A Short History of Guinea and its impact on early British abolitionism –Trevor Burnard2 An incident at the Sun Tavern: Changing the discourse on Indigenous visitors to Georgian Britain – Kate Fullagar3 Humanity amidst calamity: Humanitarian discourse in New South Wales, 1788–1830 –Jillian Beard4 'Nor do they harbour vermin': Material culture approaches to exploring humanitarian exchanges – Amanda B. Moniz5 The realpolitik of emancipation in the British Empire, 1833–38 – Alan LesterPart II: Humanitarianism and Indigenous peoples, 1838–c. 19506 Humanitarianism in a genocidal age: The tragic story of the Aboriginal prison on Rottnest Island, Western Australia, 1838–1903 – Ann Curthoys7 From humanitarianism to humane governance: Aboriginal slavery and white Australia – Amanda Nettelbeck8 Humanitarian priorities and West African agency in the British Empire – Bronwen Everill9 The origins of exemption: The individual exception in the discourse of humanitarianism – Katherine EllinghausPart III: A new international order, 1918–9510 Gender, personalities and the politics of humanitarianism: Nursing leaders of the League of Red Cross Societies between the wars – Melanie Oppenheimer11 ‘Springs of love’: Sentiment and affect in the development of mid-twentieth-century volunteering – Agnieszka Sobocinska12 Humanitarian activism during the Vietnam War: The case of Rosemary Taylor, Elaine Moir and Margaret Moses – Joy Damousi13 Humanitarianism in the age of human rights: Amnesty International in Australia – Jon Piccini14 Palliation, poverty and child welfare: Human rights and humanitarianism in the 1980s – Roland BurkeIndex
£81.00
Manchester University Press Challenging Nuclearism: A Humanitarian Approach
Book SynopsisChallenging nuclearism explores how a deliberate ‘normalisation’ of nuclear weapons has been constructed, why it has prevailed in international politics for over seventy years and why it is only now being questioned seriously. The book identifies how certain practices have enabled a small group of states to hold vast arsenals of these weapons of mass destruction and how the close control over nuclear decisions by a select group has meant that the humanitarian consequences of nuclear weapons have been disregarded for decades. The recent UN Treaty on the Prohibition of Nuclear Weapons will not bring about quick disarmament. It has been decried by the nuclear weapon states. But by rejecting nuclearism and providing a clear denunciation of nuclear weapons, it will challenge nuclear states in a way that has until now not been possible. Challenging nuclearism analyses the origins and repercussions of this pivotal moment in nuclear politics.Trade Review'As tensions rise, the existential threat of nuclear weapons becomes prominent once again and the world needs more critical assessments of what is being—and what could be—done to avoid the catastrophe of nuclear war or accident. Hanson’s book therefore provides a vital contribution that clearly sets out the case for why we need to reject nuclearism and make a world without nuclear weapons a reality.'Rhys Crilley, International Affairs'Australian political scientist Marianne Hanson has written a clear-eyed book about the prospects for nuclear disarmament. Hanson soberly concludes that the nuclear-armed states, left to control the terms, the pace and the outcome of an endeavour to which they have pledged themselves for decades, will never give up nuclear weapons. Nevertheless, a path forward to the elimination of nuclear weapons exists, and Hanson describes that path and the challenges along the way.'John Loretz, Medicine, Conflict and Survival -- .Table of ContentsIntroductionPart I: The dominance of nuclearism1 Identifying the elements of nuclearism: Traditional framings normalize nuclear weapons 2 Nuclearism today: Modernization, the persistence of deterrence, and the rise of new dangers3 Pushing for disarmament: A fruitless exercise Part II: The transition – from the humanitarian initiative to the prohibition treaty4 The recent humanitarian context: limiting the ‘calamities of war’5 Creating the Treaty on the Prohibition of Nuclear WeaponsPart III: Rejecting nuclearism6 Rejecting Nuclearism I: a new discourse; bringing humanitarianism back; new voices and actors; challenging material spending 7 Rejecting Nuclearism II: disrupting the nuclear orderPart IV: Ending nuclearism?8 Challenges to and likely impacts of the treatyConclusionReferences
£76.50
Manchester University Press France, Humanitarian Intervention and the
Book SynopsisSince the end of the Cold War, the protection of human life has been a key priority of the international community. Though France has been at the forefront of these humanitarian efforts, its international role in and long-standing commitment to human protection overlooked and underestimated. Eglantine Staunton offers a compelling corrective to prevailing assumptions about France’s foreign policy, examining its relationship to the dominant international principles established by the humanitarian intervention of the 1990s and the UN’s Responsibility to Protect doctrine in 2005. Combining case studies of the interventions in Kosovo, Rwanda and Iraq, among others, and interviews with key actors including Gareth Evans and Bernard Kouchner, Staunton’s innovative theoretical framework offers a valuable tool for understanding the interplay between domestic and international norms.Trade Review'France has been a central actor in debates about human protection and conflict since the end of the Cold War. Yet, as Eglantine Staunton shows, France’s role has been largely overlooked.... France, humanitarian intervention and the responsibility to protect is an excellent point of departure for those investigating these issues.'Daniel R. Brunstetter, Global Responsibility to Protect‘This excellent book brings to light new and original claims. Staunton persuasively shows that France has both driven forward, and sometimes disrupted, the emerging international human protection regime.’Tim Dunne, Professor of International Relations and Pro-Vice-Chancellor, The University of Queensland‘In this important new book, Eglantine Staunton combines deep insights with fine-grained analysis and an eye for detail. The result is a compelling account that adds fresh insight to our understanding of the global politics of humanitarianism.’Alex J. Bellamy, Professor of Peace and Conflict Studies, The University of Queensland‘A rich exploration of the history of one of the most prominent – though also most overlooked – responsibility to protect proponents.’Phil Orchard, Associate Professor of International Relations, University of Wollongong‘Eglantine Staunton has done a great service in rescuing from Anglophone obscurity France’s remarkable contribution to the global debate around the prevention of mass atrocities.’Simon Adams, Executive Director, Global Centre for the Responsibility to Protect, CUNY Graduate Center -- .Table of ContentsIntroduction1 Theorising the tale of two norms2 France, a norm entrepreneur of humanitarian intervention (1987-1993) 3 France and humanitarian intervention in a climate of contestation (1994-1999) 4 From norm entrepreneur to ‘part of the problem’: France and the emergence of the responsibility to protect (2000-2004) 5 France and the development of the responsibility to protect: Consolidator or threat? (2005-2011) 6 France and the responsibility to protect in a post Libya era (2012-2017) ConclusionReferencesAppendix
£19.00
Manchester University Press Everyday Humanitarianism in Cambodia: Challenging
Book SynopsisFaced with the scale of global challenges such as poverty and inequality, one question is where to start. Humanitarian efforts can only ever have limited reach. Among all of human suffering, whom should we support? And what shapes our choices? Such questions are at the core of this book. Through an ethnographic account of moralities, it traces how everyday humanitarian practitioners challenge entrenched values of what matters, upending the notion that the large-scale is inherently important, and even questioning what ‘large’ means in the first place. Instead, these practitioners typically aim to create a difference in the life of a particular person, situating their limited actions within pervasive poverty.Table of ContentsIntroduction 1 Making scales and relations 2 The part and the whole 3 Every person counts 4 Distance and proximity 5 Desire to connect 6 Humanitarian kinship 7 Affinities and shared biographies Conclusion Index
£76.50
Bristol University Press Refugee Law
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
£73.09
Bristol University Press Refugee Law
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
£26.09
Human Rights Watch War without Quarter: Colombia and International
Book Synopsis
£12.30
Texas A & M University Press Justice in a Time of War: The True Story Behind
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.
£31.96
Texas A & M University Press Justice in a Time of War: The True Story Behind
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.
£16.11
Intersentia Ltd Humanitarian and Security Law: A Compendium of
Book SynopsisHumanitarian and Security Law: A Compendium of International and European Instruments presents a comprehensive and easily accessible compilation of the most important legal instruments that pertain to armed conflicts and security threats and which are of use and interest to practitioners and researchers working in the areas of international and European humanitarian and security law. It is the first compendium that methodically compiles all relevant instruments both at the international and the European level.
£131.10
Intersentia Ltd EU Crisis Management After Lisbon: A New Model to
Book SynopsisThis book analyzes the approach of the European Union (EU) to crisis management after the entry into force of the Lisbon Treaty and assesses its suitability for addressing current and future security threats. It primarily provides a framework of analysis with which to interpret current EU crisis management as both a product of the innovations of the Lisbon Treaty and its interaction with the international security environment. It also offers a comprehensive and in-depth examination of the post-Lisbon crisis management system in terms of concepts, structures, process and capabilities. A reality check of this system is conducted by analysing a number of case studies in which the EU recently carried out a crisis management role: the civilian missions EUCAP Sahel Niger, EUCAP Nestor and EUAVSEC South Sudan, and the military operation EUTM Mali. This analysis sheds light on the modalities selected by the EU for intervening in crisis situations, the impact that its interventions have produced and the lessons that the EU has learnt from these experiences.The author points out the structural strengths and weaknesses in the EU's approach to and implementation of crisis management, and shows how they impact on the EU's ability to cope with future crises. This book fills a gap in the existing literature and at the same time provides decision-makers with policy recommendations for improving the EU's performance in this field.Trade Review'As crisis upon crisis breaks out on Europe's doorstep and the United States show ever more restraint in dealing with Europe's security problems, Nicoletta Pirozzi explains how the Lisbon Treaty equips the EU itself to become better at crisis management. This book could hardly be more timely' Prof. Dr. Sven Biscop, Egmont - Royal Institute for International Relations and Ghent University 'This is an important piece of research on the theory and practice of 'crisis management' as carried out by the European Union. The book constitutes a significant contribution to understanding the doctrine, the institutions and the actual policies that underpin the Union's external action. Its comprehensive and forward-looking approach ensures that both scholars and practitioners will find it an indispensable tool to rely upon in the future.'Dr. Antonio Missiroli, Director of the European Union Institute for Security Studies 'This insightful book gives a full account of what has changed in the EU structures and operations devoted to crisis management since the entry into force of the Lisbon Treaty. The excellent overview and analysis of current challenges and dynamics will be useful for setting the pattern for future EU engagements, in that they point out the key policy and institutional implications for national and European decision-makers.'Maciej Popowski, Deputy Secretary General of the European External Action Service 'This volume by Nicoletta Pirozzi offers an accurate and interesting overview of the broad range of military and civilian instruments available to the EU to address the security challenges of the 21st century. The author explores, in an innovative way and with several references to recent operations, what kind of approaches the EU has elaborated through the Lisbon Treaty in the field of crisis management. This book is an essential tool for those interested in getting more acquainted with the complexity of the EU as a major actor in the international arena.' Prof. Andrea de Guttry, Scuola Superiore Sant'Anna (Pisa)Table of ContentsContentsAcknowledgements List of Abbreviations Introduction Chapter 1. Conceptualising EU Crisis Management in the Post-Lisbon Era Chapter 2. Internal Dynamics of the Post-Lisbon EU's Crisis Management Model 1. Innovations of the Lisbon Treaty in the Field of Crisis Management 1.1. Principles 1.2. Institutions 1.3. Mechanisms 2. Internal Dynamics of EU Crisis Management 2.1. Formal and Informal Institutionalisation in the Post-Lisbon Architecture 2.2. Centres of Powers of the Crisis Management System 2.3. Interaction among Actors in the Decision-Making Process 2.4. Ideational Framework of Post-Lisbon Crisis Management 2.5. Collective Purpose among Actors and Policies 3. Conclusion Chapter 3. Interaction between the EU and the International Security Environment 1. Role of International Norms and the United Nations 2. New Security-Political Challenges 3. Redefinition of the Concept of Security 4. Proliferation of Non-State Actors in the Field of Security 5. Cooperation with Other Regional Crisis Managers: NATO and the African Union 6. Conclusion Chapter 4. Assessing Post-Lisbon EU Crisis Management in the Field: The Cases of the Horn of Africa and the Sahel Regions 1. EUCAP Nestor 2. EUAVSEC South Sudan 3. EUCAP SA HEL Niger 4. EUTM Mali 5. Lessons Learned from EU Operational Crisis Management after Lisbon Chapter 5. The EU as a Crisis Manager in the 21st Century 1. The Security Context of the 21st Century and Main Trends of Crisis Management Operations 2. The Sense of Doctrine: a New Strategic Document for the EU's External Action 3. The Institutional Conundrum: Improving Efficiency of Structures and Procedures 4. European Boots on the Ground: Enhancing Effectiveness in the Field Conclusion Appendix 1. EU Crisis Management Missions 2003-2015 Appendix 2. Organisation chart of the European External Action Service Bibliography
£53.20
Intersentia Ltd Women, Peace, and Security: Repositioning gender
Book SynopsisThe adoption of Security Council resolution 1325 on women, peace and security in October 2000 marked the beginning of a global agenda on women in armed conflicts and post-conflict transition. Women, Peace and Security: Repositioning gender in peace agreements discusses the context and the content of this UN agenda and provides a systematic review of its implementation, over the last fifteen years, in peace agreements around the world.This book is timely, offering a valuable contribution to the literature on gender in armed conflicts, peace agreements, peace mediation, and transitional justice and is essential reading for practitioners and scholars working in this field. The study adopts an interdisciplinary approach to raise key theoretical and practical questions often overlooked by scholars working within the strict boundaries of the distinct disciplines. The book introduces a new dataset on peace agreements that provides important comprehensive evidence on the extent to which resolution 1325 and other subsequent resolutions on women, peace and security have impacted on peace agreements. Through the reflections of elite peacemakers, the book provides additional insights into the practice of peacemaking and the challenges of implementing the UN resolutions on women, peace and security on the ground.The findings of this book have important policy implications for governments, international organisations and NGOs who must refocus their efforts on bridging the gap between the theory and practice of gender sensitive peacemaking.
£67.45
Intersentia Ltd Armed Conflicts and the Law (paperback): (Student edition)
Book SynopsisThis book offers a comprehensive yet concise take on the legal regulation of the various phases in the complex cycle of armed conflicts, from prevention to reconstruction, and covering everything in between, in particular the vast body of rules laid down in current international humanitarian law. The manual combines a general theoretical approach with modern practice in order to offer a complete picture of the law before, during and after warfareThrough a series of fourteen thematic chapters that logically follow from one to another, scholars and practitioners tackle core issues relating to the international regulation of armed conflicts, while situating them in a broader societal context. Particular attention is given to the emergence of the European Union as an increasingly important regional and global player in international peace and security. In combination with the broad scope and accessible nature of the collection, the experience and ambition on display in this volume makes it a unique reference tool for students, scholars, practitioners, civil servants, diplomats and humanitarian and human rights workers around the globe. It is complemented by, and a helpful companion to, J. Wouters and P. De Man, Humanitarian and Security Law: A Compendium of International and European Instruments.Table of ContentsPreliminary Table of ContentsPREFACECHAPTER I. A LA GUERRE COMME A LA GUERRELUC REYDAMS AND JAN WOUTERSCHAPTER II. LEGAL INSTRUMENTS FOR THE PREVENTION OF ARMED CONFLICTSJAN WOUTERS AND PHILIP DE MANCHAPTER III. THE LAW OF NEUTRALITYNELE VERLINDENCHAPTER IV. INTERNATIONAL LAWON THE USE OF FORCETOM RUYSCHAPTER V. INTERNATIONAL AND NON-INTERNATIONAL ARMED CONFLICTSSTEN VERHOEVENCHAPTER VI. HUMAN RIGHTS AND (ARMED) CONFLICTFREDERIK NAERTCHAPTER VII. THE DEVELOPMENT OF INTERNATIONAL HUMANITARIAN LAW AND THE CONTINUED RELEVANCE OF CUSTOMJEAN-MARIE HENCKAERTSCHAPTER VIII. THE DISTINCTION BETWEEN MILITARY OBJECTIVES AND CIVIL OBJECTS AND BETWEEN COMBATANTS AND CIVILIANSSTEN VERHOEVENCHAPTER IX.MEANS ANDMETHODS OF COMBATBRUNO DEMEYERE AND TOM RUYSCHAPTER X. NEW MEANS OF COMBAT AND THE LAWWILLIAM BOOTHBYCHAPTER XI. PROTECTED PERSONS IN INTERNATIONAL HUMANITARIAN LAWSTEN VERHOEVEN AND HILDE SAGONCHAPTER XII. THE LAW OF OCCUPATIONHANNE CUYCKENSCHAPTER XIII. THE IMPLEMENTATION OF INTERNATIONAL HUMANITARIAN LAWAND THE INTERNATIONAL COMMITTEE OF THE RED CROSSSTEFAAN GHESQUIERECHAPTER XIV. REPRESSION OF VIOLATIONS OF INTERNATIONAL HUMANITARIAN LAWCEDRIC RYNGAERTCHAPTER XV. POST-CONFLICT RECONSTRUCTIONJAN WOUTERS AND PHILIP DE MAN
£85.50
Intersentia Ltd Humanitarian Assistance and State Sovereignty in
Book SynopsisAn earthquake. A conflict. A tsunami. A coup. Increasingly, non-international armed conflicts send thousands of civilians fleeing across borders to safety, whilst (natural) disasters hit areas of the world where resources to address the calamity are scarce. Coinciding emergencies or deliberate obstruction by authorities exacerbate the already dire situation. A humanitarian crisis often ensues. The result of these crises is an immediate and large-scale need for food, water, shelter and medicine: in other words, the provision of humanitarian assistance. Whereas the need for such assistance may be ascertainable, its provision is not without legal and political challenges, and deprivation of aid is unfortunately all too common. Looking at these challenges and circumstances, several issues can be discerned regarding the legal framework governing the provision of humanitarian assistance. These include the fragmentation or conflict of applicable norms, developments within the international legal realm regarding the role of the individual in the receipt of aid and in the responsibility for its provision, as well as the changing nature of conflicts in the world and actors partaking in these conflicts. State sovereignty must furthermore continuously be taken into consideration as part of this legal framework, from the viewpoint of the provision of assistance, its denial and enforcement. This book aims to systematically address these challenges, with an overarching approach to the provision of humanitarian assistance. Part I sets out the boundaries of the existing framework and addresses the relevant concepts pertaining to the delivery of emergency aid. Part II assesses the currently existing rights of the affected persons and duties of the affected state in the delivery of humanitarian assistance, whereas Part III addresses enforcement possibilities in the absence of (sufficient) provision by the affected state. Lastly, recommendations are provided to ensure the protection of those who need it most.
£85.50
Intersentia Ltd The Privatization of Warfare and Inherently
Book SynopsisSince the 2003 U.S. led invasion of Iraq, the private military sector has seen the largest growth of profit for decades. As Iraq continues to be the focal point of private military clients, staff and related actors, the recurring issue of legitimacy must be addressed. While many texts focus only on existing or proposed legislation, this book analyses the public perception of private military companies (PMCs) and, of wider significance, how their use by states affects how the general public perceives state legitimacy of monopolizing force. Furthermore, this book provides a timely overview of how the energy sector and PMCs are challenging the established sovereignty of politically fragmented oil states, illustrating how energy firms may become as culpable as states in their partnerships with the private military sector and subsequent political ramifications.
£49.40
Intersentia Ltd Child Soldiers and Transitional Justice:
Book SynopsisIn a political climate that holds limited promise for addressing the issue of child recruitment, Child Soldiers and Transitional Justice: Protecting the Rights of Children Involved in Armed Conflicts challenges the trend towards a narrow focus on recruitment and use of the child, and seeks to contribute to more effective prevention and responses that offer the child a chance of recovery, reconciliation and reintegration.This book adapts existing theoretical frameworks of transitional justice in order to analyse child recruitment, with a view to demonstrating how a society can address the issue in a holistic way. It systematises relevant knowledge across a wide range of legal fields to allow for greater understanding of the law and principles, and a more informed basis for practical engagement with transitional justice mechanisms.Delving deep into the travaux prparatoires of each of the fundamental legal instruments, the author analyses their evolution, spanning humanitarian law, human rights law, criminal law, and other aspects of public law, including peace agreements and action plans developed with armed groups and forces. He provides a particular focus on and in-depth analysis of the Lubanga case, and its implications for other components of transitional justice. The findings highlight arguments for placing child recruitment firmly on the transitional justice agenda.By considering child recruitment against a transitional justice framework, the book allows a detailed understanding of the distinct but complementary components rule of law, criminal justice, historical justice, reparatory justice, institutional justice, and participatory justice and reveals the untapped potential in interactions between different areas of transitional justice.
£63.65
Intersentia Ltd The Governance of Complementary Global Regimes
Book SynopsisThis book offers an overview of the challenges in the emerging regime of international criminal justice as a tool of sustainable peace. It illustrates the impact of the regime on international law and international relations, focusing on the obstacles to and concerns of its governance in the context of the maintenance and restoration of international peace and security.The author advocates for an appropriate interaction strategy between the United Nations and the Rome Statute institutions as a matter of international mutual concern and for the sake of human security. In multiple and inter-linked country situations the failure of strategies to prevent mass atrocity crimes have severely compromised the safety of civilians, including their individual fundamental rights. In several countries - such as in Libya, Syria, Sudan, Democratic Republic of Congo, Uganda, Kenya, Central African Republic, Ivory Coast and Mali - civilians have severely suffered the consequences of such failure. Furthermore, the right of humanitarian intervention that it is sometimes claimed the international community has is now challenged and qualified by the responsibility to protect civilians in situations of mass atrocity crimes. Such an international norm represents unfinished business in global politics and is considered by many to be far from capable of preserving the rule of international law. The preservation of the rule of law requires discussions and the advocacy of global values in international relations, such as multilateralism, collective responsibility, global solidarity and mutual accountability.
£85.50
Intersentia Ltd Reparations for Child Victims of Armed Conflict:
Book SynopsisThis book offers an analysis of the existing normative framework regulating the right to reparation for child victims of armed conflict. The study questions whether the current framework is sufficiently developed to provide child victims with adequate, effective and prompt reparations; furthermore it presents and critically assesses the judicial and non-judicial mechanisms in place as well as the reparations awarded and implemented so far at the international and regional level.The research stems from the need to fill a gap in the current literature on transitional justice, in particular on the right to reparation. Even though reparations are well-established legal measures in several domestic judicial systems all over the world, in transitional periods reparations are not just a means to redress the harm suffered by the victims of wrongful acts, but they also seek to contribute to the reconstitution or the constitution of a new political community in the aftermath of an armed conflict. The overview of the relevant cases and materials provided in this book helps paving the way for reparations that are effective, adequate, prompt, and in line with the international standards set forth by the CRC and other instruments. This book ultimately strives to highlight the shortcomings of the existing mechanisms and it points out the main issues that need to be improved and/or overcome in pursuance of child victims' redress.
£58.90
Intersentia Ltd Convergences and Divergences Between
Book SynopsisAlthough rooted in a similar ideal, human rights (IHRL), international criminal law (ICL) and international humanitarian law (IHL) are separate fields of law, best represented as circles, each of which overlaps with the other two. However human rights often seems to absorb the other two, while in other situations, the lines between human rights law and its next door neighbours are blurred or contested.This volume consists of three main parts. The first main part explores the convergences and divergences between IHL and/or IHRL on the one hand, and ICL stricto sensu on the other hand. The second part investigates the convergences and divergences between IHRL and transnational crimes, or ICL in the broader sense, which suppresses crimes such as drug trafficking, trafficking in human beings and corruption through international treaties providing for domestic enforcement. The last main part of this volume provides the reader with novel and original insights as to how IHRL and IHL converge and diverge by considering if and how the norms of other branches of international law come into play and how the European Court of Human Rights has engaged with the sometimes contradicting norms of IHL. It furthermore analyses the relationship between the specific IHL and IHRL norms which prohibit arbitrary displacement and maps their interaction. Finally, the effectiveness of States' investigations of war crimes committed by their armed forces is evaluated by emphasising attention to the relevant standards developed within IHRL, since IHL does not indicate specific criteria to evaluate the effectiveness of an investigation.
£71.25
Edward Elgar Publishing Ltd Principles of International Humanitarian Law
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
£90.00
Edward Elgar Publishing Ltd International Humanitarian Law
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
£324.00
Bloomsbury Publishing PLC Nationality and Statelessness in the International Law of Refugee Status
Book SynopsisInternational refugee law anticipates state conduct in relation to nationality, statelessness, and protection. Refugee status under the Convention relating to the Status of Refugees 1951 and regional and domestic instruments referring to it can be fully understood only against the background of international laws regarding nationality, statelessness, and the consequences of national status or the lack of it. In this significant addition to the literature a leading practitioner in these fields examines, in the light of international law, key issues regarding refugee status including identification of 'the country of his nationality', concepts of 'effective nationality', and the inclusion within 'persecution' of a range of acts or omissions focused on nationality.Trade ReviewThis is a work of careful and formidable scholarship…I have no doubt that this book was worth the enormous amount of effort and thought which has clearly been put into its production. It is an important and useful contribution in a field which daily becomes of more and more importance…This book…should be of interest to lawyers and legislators in the field all round the world. -- From the Foreword by Konrad SchiemannThis book is a signal addition to the learning. It tackles what has been a much neglected area of refugee law and sheds great light on almost every issue that has troubled commentators and decision makers since the Refugee Convention and its 1967 Protocol came into force. It uses an incisive survey of the international law treatment of the issue of nationality to look afresh at how that should inform determination of nationality for the purposes of the refugee definition. It is bound to become an essential reference point. -- Dr Hugo Storey, President, International Association of Refugee Law Judges- EuropeIn this thoughtful and full exploration of refugee law, nationality and statelessness Eric Fripp explores some interesting and underdeveloped themes. Added to his earlier and excellent work from 2015, The Law and Practice of Expulsion and Exclusion from the United Kingdom, Eric is establishing himself as pre-eminent in this important and growing area of work. Nationality, citizenship and belonging are becoming increasingly important areas of contest between individuals and states. Globalisation is not so much eroding the system of nation-states as causing its resurgence, at least for the time being. We are experiencing something of a Counter-Reformation. Linked to that, some nation states are exploring the use of nationality and citizenship status to exclude unwanted or perceived undesirable residents from their territory or, failing that, at least to deprive them of their rights as citizens. Eric is at the forefront of exploring the legal context to this trend and his two works provide really useful analysis and material on this developing area of law. -- Colin Yeo * Free movement blog *This book is significant for current research for three reasons: Firstly, no other study gathers in such a meticulous way the developments in the international law of nationality and statelessness relevant to the scope of article 1 of the Refugee Convention. Secondly, it supports our understanding of the meaning of nationality and statelessness in the context of claims for refugee status and other claims for protection. Thirdly, it addresses the current challenge in refugee law to holistically approach the law which is not operating in isolation, but is influenced by other areas which are themselves subject to change. These three aspects are imperative to create a framework that is responsive to people in need. Fripp’s research is stimulating and deserves readership from people in the field. -- Katia Bianchini, Max Planck Institute for the Study of Ethnic and Religious Diversity, Göttingen * Journal of Refugee Studies. *For a long time, the paths of refugees and stateless persons were seen to be separate ones. The former received more attention than the latter but, regardless, each had their own distinct international law regime. As interest in the issue of statelessness grew, from the 1990s onwards, great emphasis was placed on the fact that most people who are stateless have never crossed an international border and are not refugees - even if there was also acknowledgement of statelessness as a root cause of forced migration. The situation of the “stateless refugee” and the interaction between the frameworks of international refugee law and international statelessness law remained neglected subjects. Yet, there are many stateless refugees in the world today and many more refugees who may be at risk of statelessness. Moreover, as Fripp demonstrates, questions of nationality and statelessness can be directly relevant to the application of refugee law. So, not only must we do more to recognise and respond to the needs of stateless refugees, but we must also challenge the separation of the refugee law and statelessness law discourses. Fripp’s meticulous and well-presented analysis on the implications of statelessness in a refugee law context provides an important contribution to such efforts. -- Laura van Waas, Institute on Statelessness and InclusionFripp’s analysis of article 1 of the 1951 Convention in light of developments in international law related to nationality and statelessness generally is an outstanding contribution to scholarship on the scope of protection provided to refugees, especially the broad scope of case law covered. It is also a valuable contribution to scholarship on the international law of nationality generally... Fripp’s presentation is imbued throughout with reminders of what is at stake for the lives of real persons... Fripp's background as a barrister in the United Kingdom no doubt informs his excellent application of cases to his analysis. His use of cases to illustrate his points and underpin his presentation of the issues is exemplary and eminently useful. -- Alfred M Boll, United States Department of State * International Journal of Refugee Law *Table of ContentsPart I: Background 1. Nationality, Citizenship, Statelessness 2. The Law of Refugee Status 3. Interpretation Part II: Interpretation of Relevant Provisions 4. Well-Founded Fear of Being Persecuted ‘for Reasons of … Nationality’ 5. Nationality and the Identifi cation of a Reference Country (or Countries 6. Persecution by Denial of Nationality 7. Cessation 8. Exclusion
£123.50
Edward Elgar Publishing Ltd Research Handbook on Human Rights and
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
£52.20
Edward Elgar Publishing Ltd Principles of International Humanitarian Law
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
£23.70
Edward Elgar Publishing Ltd Research Handbook on International Conflict and
Book SynopsisThis innovative Research Handbook brings together leading international law scholars from around the world to discuss and highlight the contemporary debate regarding issues of conflict prevention and the legality of resorting to the use of armed force through to those arising during an armed conflict and in the phase between conflict and peace.The Handbook covers key conceptual topics drawn from across the three areas of jus ad bellum, jus in bello and jus post bellum. The subject matter of the included chapters range from conflict prevention through to reparation and compensation, via coverage of issues such as disarmament, the role of the Security Council, self-defense, humanitarian intervention and the responsibility to protect, targets, war crimes, private military contractors, peacekeeping, and the protection of human rights.Being the first to examine topics under these areas in one volume, the book will be of interest to scholars, academics, postgraduate and research students as well as government lawyers from various disciplinary backgrounds looking for a contemporary grounding in issues under the broad theme of international conflict and security law.Contributors: C. Bell, R. Cryer, C. De Cock, C. Gray, V. Hadzi-Vidanovic, M. Happold, C. Henderson, K. Hulme, D. Kritsiotis, C. Lehnardt, K. Manusama, M. Milanovic, M.E. O'Connell, A. Orakhelashvili, N. Ronzitti, T. Ruys, M. Sossai, N. Tsagourias, D. Turns, N.D. White, R. WildeTrade Review'Featuring some of the field's most expert thinkers, this is an adroitly constructed volume of essays in ''conflict and security law''. The writing here offers a distillation of the major legal projects in the area while dissolving some of international law's most rigid demarcations (e.g. between war and peace, or the jus ad bellum and jus in bello).' --Gerry Simpson, University of Melbourne, Australia'Events of the past fifteen years have sharpened the focus on well-known issues in international conflict and security law. What responses to international terrorism are permissible? Can humanitarian intervention be justified under international law? The Research Handbook on International Conflict and Security Law addresses these and other debates across the areas of conflict prevention, use of force and post-conflict reconstruction, with the critical insight for which the contributors are known.' --James Crawford, University of Cambridge, UKTable of ContentsContents: Introduction: International Conflict and Security Law Christian Henderson and Nigel D. White 1. Conflict Prevention Kenneth Manusama 2. Disarmament and Non-proliferation Mirko Sossai 3. The Prohibition of Threats of Force Nicholas Tsagourias 4. The Prohibition of the Use of Force Mary Ellen O’Connell 5. The Centrality of the United Nations Security Council in the Legal Regime Governing the Use of Force Christian Henderson 6. A Study of the Scope and Operation of the Rights of Individual and Collective Self-defence under International Law Dino Kritsiotis 7. The Use of Force for Humanitarian Purposes Christine Gray 8. A Taxonomy of Armed Conflict Marko Milanovic and Vidan Hadzi-Vidanovic 9. Weapons Karen Hulme 10. Targets David Turns 11. Protected Persons in International Armed Conflicts Tom Ruys and Christian De Cock 12. Private Military Companies Chia Lehnardt 13. International Humanitarian Law and Human Rights Law Matthew Happold 14. War Crimes Robert Cryer 15. Peace Settlements and International Law: From Lex Pacificatoria to Jus Post Bellum Christine Bell 16. Foreign Territorial Administration and International Trusteeship over People: Colonialism, Occupation, the Mandates and Trusteeship Arrangements, and International Territorial Administration Ralph Wilde 17. Peacekeeping or War-Fighting? Nigel D. White 18. Human Rights Protection During Extra-territorial Military Operations: Perspectives on International and English Law Alexander Orakhelashvili 19. Reparation and Compensation Natalino Ronzitti Index
£52.20
Edward Elgar Publishing Ltd Advanced Introduction to International
Book SynopsisThe Advanced Introduction by Robert Kolb to IHL is a concise and brilliantly written journey through the most challenging aspects of the contemporary laws of war: the distinction between international and non-international armed conflicts, between combatants, fighters and civilians in asymmetric warfare and the so-called 'war on terror', the complex relationship between IHL and international human rights law, the geographical scope of the battlefield in times of cyber warfare and targeted killings by armed drones.'- Manfred Nowak, Vienna University, Austria and Former UN Special Rapporteur on Torture'A fascinating and inspiring presentation and discussion of the most crucial and controversial features of international humanitarian law with respect to its application in contemporary armed conflicts'- Professor Fausto Pocar, President, International Institute of Humanitarian Law, Sanremo, Italy and Judge and Former President, ICTY, The Hague, the Netherlands'Robert Kolb considers that this is not an introduction for the beginner. Indeed, those seeking a descriptive summary of all the rules of humanitarian law should consult another book or the applicable conventions. For all others, however, this also an inductive, refreshing, committed, yet nuanced introduction, focusing in depth on a few, central issues, and written by one who does not only master this branch of international law, but also the relevant legal, political and historical contexts.'- Marco Sassòli, University of Geneva, SwitzerlandElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.This innovative book provides a thought-provoking introduction to international humanitarian law. Robert Kolb explores the field through questions - which are at times challenging and controversial - in order to get to the very essence of the subject and give a fresh perspective. The result is an exposition both of the law as it stands, through its written and unwritten rules, and also of the uncertainties, gaps, controversies and practical problems which have arisen. IHL is revealed as a living tool, an ever-adapting means to an ever-remaining need of protection during times of armed conflict.Key features include:- Focus on key questions, exploring the whole system of law and its practical working- Covers the main principles, sources of law and implementation- Leads the reader to think through the topic- Concise and accessible, whilst taking a rigorous approach.Reflecting on current questions regarding the structure of the law, this concise and readable book offers a thought-provoking view of the system as a whole and its practical working. It covers the main principles, applicability issues and implementation of humanitarian law, as well as shedding light on the challenges ahead. This thoughtful introduction will provide unique insights for academics, advanced students, government officials and practitioners interested in the legal construction of international humanitarian law.Trade Review‘The Advanced Introduction by Robert Kolb to IHL is a concise and brilliantly written journey through the most challenging aspects of the contemporary laws of war: the distinction between international and non-international armed conflicts, between combatants, fighters and civilians in asymmetric warfare and the so-called “war on terror”, the complex relationship between IHL and international human rights law, the geographical scope of the battlefield in times of cyber warfare and targeted killings by armed drones.’ -- Manfred Nowak, Vienna University, Austria and Former UN Special Rapporteur on Torture‘A fascinating and inspiring presentation and discussion of the most crucial and controversial features of international humanitarian law with respect to its application in contemporary armed conflicts.’ -- Professor Fausto Pocar, President, International Institute of Humanitarian Law, Sanremo, Italy and Judge and Former President, ICTY, The Hague, the Netherlands‘Robert Kolb considers that this is not an introduction for the beginner. Indeed, those seeking a descriptive summary of all the rules of humanitarian law should consult another book or the applicable conventions. For all others, however, this also an inductive, refreshing, committed, yet nuanced introduction, focusing in depth on a few, central issues, and written by one who does not only master this branch of international law, but also the relevant legal, political and historical contexts.’ -- Marco Sassòli, University of Geneva, SwitzerlandTable of ContentsContents: Foreword 1. The Main Epochs of Modern International Humanitarian Law and their Related Legal Constructions 2. International Armed Conflict and Non-International Armed Conflict 3. The Sources of International Humanitarian Law and Their Subject-Matter Specificity 4. The Main Principles of International Humanitarian Law 5. Applicability Issues: Finding a Way out of the Quagmire 6. Combatants and Civilians: A Sometimes Difficult Divide 7. Targeting: A Context-Related Legal Set of Rules 8. Implementation of International Humanitarian Law: The Achilles Heel of the System 9. Conclusion: The Challenges Ahead Bibliography List of abbreviations Index
£80.75
