Public international law: humanitarian law Books

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

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

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

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

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

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

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

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

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

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

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

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Book SynopsisWhile military law is often narrowly understood and studied as the specific and specialist laws, processes and institutions governing service personnel, this accessible book takes a broader approach, examining military justice from a wider consideration of the rights and duties of government and soldiers engaged in military operations.By exploring the relationship between the military and society, Nigel White develops a nuanced rationale for military justice. Making the case for both the continuation of military justice and key reforms, he analyses the military’s place in society and recognises the wider influences of justice and law upon it. Throughout the book, military justice is framed broadly to cover all relevant laws including service law, constitutional law, the law of armed conflict, international human rights law and international criminal law. This discussion is supported with analysis of a range of jurisprudence from domestic and international courts. The book considers the legal problems that arise in different military contexts, as well as positioning military justice as a balance between the rights and duties of government and those of soldiers.Tackling an important and timely topic, Military Justice will be key reading for academics, researchers and students within the fields of human rights, public international law, conflict and security law, and especially those with an interest in service law, military history and war studies. It will also be a useful reference point for practitioners working within relevant prosecuting authorities and within law firms offering legal advice to soldiers.Trade Review‘This detailed and comprehensive analysis of military justice is a brilliant addition to the lexicon of academic commentary on military justice. It provides a forensic examination of the relationship between soldier and state, and does not duck the difficult issues of dealing with “villains” who are perceived as “heroes” by politicians and the general public. It provides historical context while adding to the ongoing debate about the relevance of a separate system of justice in the modern era.’ -- Jeff Blackett, Judge Advocate General of HM Armed Forces 2004-2020‘This excellent book provides a concise and deeply nuanced assessment of an operationally vital, politically charged, and intensely contextual field of legal inquiry. Encompassing national and international law, and recognising the practical impact of military capability upon our interpretation and application of this law, Nigel White once again shows us why he is the leading scholar in this field, and a worthy successor to Peter Rowe and Hilaire McCoubrey as its flagbearer.’ -- Robert McLaughlin, Australian National University, Australia‘The domestic and international legal frameworks that govern the deployment of the United Kingdom’s armed forces and the rights of its members are complex and contested. Adopting an expansive approach to the meaning of military justice, in this book Professor White takes the reader on a journey from the drafting of the Magna Carta to military operations in Afghanistan and Iraq. In the process, he unravels the relationship between the soldier and the state, and provides an engaging and thoughtful analysis of the law that regulates the actions of the armed forces at home and abroad.’ -- Alison Duxbury, University of Melbourne, AustraliaTable of ContentsContents: Preface Introduction to Military Justice 1. Framing military justice 2. Constitutional laws and the armed forces 3. Emergency powers and internal deployments 4. Prerogative powers and external deployments 5. The use of lethal force 6. Detention and abuse 7. The court martial 8. Rights and protections of soldiers 9. The scales of military justice Index

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

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

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Book SynopsisOver recent decades, international humanitarian law has been shaped by the omnipresence of so-called expert manuals. Astute and engaging, this discerning book provides a comprehensive account of these black letter rules and commentaries produced by private expert groups and demonstrates why the general acceptance of these expert manuals is largely unjustified. This theoretically grounded book bridges the divide between theory and practice by linking legal theory to the doctrinal and practical concerns of the laws of war. The author innovatively links interdisciplinary insights to the needs of military lawyers in practice, showing the pitfalls of relying on private manuals as arguable restatements and interpretations of the law 'as it is'. At the same time, he explains why expert processes are so successful and why this should be of concern to all of us. Stimulating and challenging, this book will prove essential reading for students and scholars of public international law, legal theory, and those focussing on the laws of war more specifically. Its practical approach will also greatly benefit legal practitioners working in the field of military law.Trade Review‘Petrov’s Expert Laws of War provides a fresh perspective and scrutiny of an otherwise routinely used tool in IHL.’ -- Aisha Nazzal, University of Tasmania Law Review'This is an excellent work that fills a large gap in international humanitarian law. That gap is how to understand, utilise and value the soft law made by experts, which increasingly fills the spaces where hard law is yet to solidify. Such analysis makes this work an essential piece of scholarship for those who take progress in this area seriously.' --Alexander Gillespie, University of Waikato, New Zealand'This book aims at bringing to light the phenomenon of expert manuals, notable for example in the field of IHL. There is a tension between the deadlock in international treaty-making and the substitutive function of experts proclaiming to restate the law. Political legitimacy lies with those who do not act (states), while those who act are deprived of it (experts). A blind spot is thus brought to the fore in a highly engaging manner in this interesting book: to what extent is ''private legislation'' an acceptable avenue in the crafting of international legal rules? Can this process gloss over the insufficiencies of the law and ''restate'' it? Can it respond to the demands for law by the concerned actors, when States do not respond? --Robert Kolb, University of Geneva, Switzerland'What role do expert manuals play for the development of international humanitarian law? How can their great factual importance be reconciled with the rules on the sources of international law as well as requirements of legitimacy and representation? Anton Petrov's book is a lucid engagement with these questions. It will be of great value to scholars and practitioners in international humanitarian law and beyond.' --Helmut Aust, Freie Universität Berlin, GermanyTable of ContentsContents: 1. Introduction: Just another instance of expert rule? 2. A survey of expert processes in international humanitarian law 3. The methodological challenges of expert processes 4. Normatively flawed, but empirically valid expert manuals 5. The community of international humanitarian law 6. The expert groups’s interpretive authority 7. A critical review of expert groups as advocates of international humanitarian law 8. Conclusion: Expert processes as a mirror of life Bibliography Index

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Book SynopsisContracts with private military and security companies are a reality of modern conflicts. This discerning book provides nuanced insights into the international legal implications of these contracts, and establishes an in-depth understanding of the impacts for contracting states, home states and territorial states under the current state responsibility regime. Focussing on the Articles on State Responsibility (ASR) the author considers under which conditions states are, or should be, responsible for the acts of private contractors given new trends towards remote warfare involving drones and increasingly autonomous weapon systems. Rigorous academic research and case studies, combined with insights from numerous interviews with practitioners, serve to highlight the challenges to applying the ASR. These challenges range from the relativity of key concepts of attribution to the issue of when reliance on private contractors becomes a violation of the principle of distinction under International Humanitarian Law and also illustrate where the current state responsibility regime needs to be modified to adequately address evolutions in warfare. This astute and incisive book will prove a key resource for legal scholars and theorists with an interest in public international law, IHL and IHRL. Government officials, practitioners and think tanks engaged in compliance matters and new trends in warfare will also benefit from this work's pragmatic approach.Trade Review'An important analysis on the rise of private military forces and the frontier of international law. Until states take their duty seriously the market for force will continue to grow, allowing the super-rich to become superpowers.' --Sean McFate, The Atlantic Council, National Defense University and Georgetown University, USTable of ContentsContents: 1. Introduction to Private Security Providers and State Responsibility 2. New Trends in Warfare and their Regulation 3. The Articles on State Responsibility 4. Breach of an International Legal Obligation 5. Rules of Attribution 6. State Responsibility for Lack of Due Diligence 7. State Responsibility for the Act of Outsourcing 8. Case Studies 9. Final Remarks and Conclusions Index

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Book SynopsisAcross the world, mass graves, often containing a multitude of human remains, are sites of human loss, suffering and unimaginable acts of cruelty. While no one mass grave or its investigation is the same, all mass graves contain evidence that is essential to the realisation of justice and accountability goals for victims, affected communities, states in transition and the international community.This book tactfully examines this sensitive topic, demonstrating how mass grave investigations can be highly complex, context-specific, lengthy and expensive processes, requiring significant planning, coordination, expertise and resources. The book analyses the various processes involved in mass grave investigation from a number of disciplinary perspectives and a variety of geographical, cultural and political contexts, including Bosnia, Guatemala, Libya, Nepal and Rwanda. Chapters feature expert contributions from voices in the fields of forensic sciences, advocacy and the judiciary, along with world-leading international legal expertise on mass graves, their protection and investigation.This timely book will be an ideal resource for practitioners and academics in the fields of international criminal law, international human rights law, international humanitarian law and transitional justice. Students interested in forensic archaeology, anthropology, fact-finding and human rights investigations will also find this a stimulating read.Trade Review‘Whether as a result of criminal activity, conflict, gross human rights abuse, or as a means of respectfully managing large-scale deceased persons following disasters, mass graves are sadly common global phenomena. Providing examples from different geographical contexts, the contributors to this volume discuss the processes and complexities involved in working on mass graves. The range of perspectives provided by the authors make the book an invaluable resource for anyone interested in the international legal framework related to the management and investigation of mass graves.’ -- Soren Blau, Victorian Institute of Forensic Medicine, AustraliaTable of ContentsContents: Foreword by Morris Tidball-Binz ix Introduction: Mass Graves, Truth and Justice 1 Melanie Klinkner and Ellie Smith 1 Nepal’s experience of mass grave investigation: the Godar exhumation 23 Gauri Pradhan 2 (Im-)mobilisation of efforts for justice in Libya and the Tarhuna mass graves case 34 Alessandra La Vaccara 3 Anatomy of a grave: the Kozluk excavations as an exemplar of a successful mass grave investigation 50 Ian Hanson 4 Rwanda’s gacaca courts and the discovery of mass graves 80 Julia Viebach, Denis Bikesha and Allan Moore 5 The practice of identifying the victims of Guatemala’s civil war: who is being identified? 103 Gillian Fowler and Stefan Schmitt 6 Interview with Judge Howard Morrison 124 Melanie Klinkner and Ellie Smith 7 Interview with Dr Agnès Callamard 139 Melanie Klinkner and Ellie Smith 8 Conclusion and outlook on things to come 154 Melanie Klinkner and Ellie Smith Index 167

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Book SynopsisInternational Humanitarian Law (IHL) is in a state of some turbulence, as a result of, among other things, non-international armed conflicts, terrorist threats and the rise of new technologies. This incisive book observes that while states appear to be reluctant to act as agents of change, informal methods of law-making are flourishing. Illustrating that not only courts, but various non-state actors, push for legal developments, this timely work offers an insight into the causes of this somewhat ambivalent state of IHL by focusing attention on both the legitimacy of law-making processes and the actors involved.Investigating what law-making processes reveal about the overall state of this legal regime, this thought-provoking book shows that current developments display a far-reaching disagreement about the direction into which IHL should evolve. It explores the most relevant trends in the development of IHL including the absence of formal law-making by states, informal law-making through manual processes and the increasing role of sub and non-state actors.Law-Making and Legitimacy in International Humanitarian Law will be of benefit to scholars and students of international law and relations, as well as practitioners working in the field of IHL, particularly in government ministries, international organizations and NGOs.Trade Review‘Formally, states, and states alone, make and authoritatively interpret international humanitarian law. But this legalistic maxim hardly reflects the actual process by which IHL emerges and evolves. Law-Making and Legitimacy in International Humanitarian Law brings together general international law and humanitarian law experts to tease loose key aspects of this dynamic and assess their legitimacy. The first work to examine the foundational issue of IHL development critically and comprehensively, it is a must read for IHL scholars and practitioners.’ -- Michael Schmitt, United States Military Academy at West Point, US and University of Reading School of Law, UK‘This volume explores the interplay of law and legitimacy in relation to the law of armed conflict and includes contributions by a collection of noted scholars. It focuses on the role that various actors play in the process of developing, questioning and affirming international humanitarian law. It does so in an innovative and thought-provoking way and will doubtless be of interest to both the legal theorist and the IHL specialist.’ -- Terry Gill, University of Amsterdam, the NetherlandsTable of ContentsContents: Preface xi PART I INTRODUCTION 1 Law-making and legitimacy in international humanitarian law 2 Heike Krieger and Jonas Püschmann PART II LEGITIMACY AS ANALYTICAL LENS 2 The roles of legitimacy in international legal discourses: Legitimizing law vs legalizing legitimacy 16 Jean d’Aspremont 3 The role of legitimacy in international humanitarian law: A comment 33 Stefan Kadelbach 4 Actor legitimacy and the application of IHL: A rejoinder to d’Aspremont 41 Tom Ruys PART III INFORMAL LAW-MAKING IN INTERNATIONAL HUMANITARIAN LAW AS A POLITICAL CHOICE 5 Global norms governing the protection of civilians, conflict, and weapons: Formal or informal law-making? 56 Denise Garcia 6 Post-international humanitarian law? A rejoinder to Denise Garcia 80 Philip Liste 7 Noncompliance as law-making 89 Timothy Meyer PART IV NEW LAW THROUGH PRACTICE? 8 Interpreting the Geneva Conventions: subsequent practice instead of treaty amendments? A case study of ‘non-international armed conflicts’ under Common Article 3 117 Emily Crawford 9 Legitimacy and methodology – a subtle yet significant influence: Judicial decisions and the development of international humanitarian law 141 Shane Darcy 10 The interpretation of IHL treaties: Subsequent practice and other salient issues 150 Jean-Marie Henckaerts and Elvina Pothelet 11 Methodological challenges in ascertaining customary international humanitarian law: Can customary international law respond to changing circumstances in warfare? 170 Robert Heinsch PART V COURTS AND MANUALS – DECOUPLING LAW-MAKING FROM STATES? 12 Judicial practice in international criminal law: Law-making in disguise? 196 Thomas Rauter 13 The law at hand: Paratext in manuals on international humanitarian law 217 Wouter G. Werner 14 International manuals in international humanitarian law: A rejoinder to Wouter G. Werner 232 Robin Geiß and Anni Pues 15 Interpretation and identification of international humanitarian law: Responses of the International Law Commission 242 Georg Nolte 16 Manuals and courts: International humanitarian law, informal law-making and normativity 253 Dale Stephens PART VI LEGITIMACY AND PARTICIPATION 17 International humanitarian law-making in Latin America: Between the international community, humanity, and extreme violence 277 Alejandro Rodiles 18 Sovereign equality and law-making: how do states from the Global South shape international humanitarian law? An African perspective 300 Balingene Kahombo 19 Sovereign equality and law-making: how do states from the Global South shape international humanitarian law? A comment to Alejandro Rodiles and Balingene Kahombo 324 Michael Bothe 20 Between war and peace: Negotiating and implementing legitimate ceasefire agreements 335 Cindy Wittke 21 Law-making participation by non-state armed groups: The prerequisite of law’s legitimacy? 357 Hyeran Jo 22 Non-state armed groups and international humanitarian law-making – the challenge of legitimacy: A reply to Cindy Wittke and Hyeran Jo 375 Cedric Ryngaert PART VII LEGITIMACY AND NORM ENTREPRENEURS 23 The impact of human rights advocacy: Between (mis)stating the law and pursuing humanitarian policies? 385 Robert Cryer 24 From the Martens clause to the CNN factor: Is the impact of media and public opinion on law-making discernible? 404 Daniel Joyce 25 Media, public opinion and humanitarian advocacy 422 William Boothby PART VIII CONCLUSION 26 A legitimacy crisis of international humanitarian law? 429 Heike Krieger and Jonas Püschmann

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Book SynopsisIn this thoroughly updated second edition of what has quickly become the definitive text in the field of international humanitarian law (IHL), leading expert Marco Sassòli evaluates the application of IHL, the way in which hostilities should be conducted against an adversary, and the pertinence of traditional distinctions, such as that between international and non-international armed conflicts or civilians and combatants. Drawing on the author’s practical experience to provide unique and invaluable insights, the second edition discusses the rules protecting certain categories of persons, including prisoners of war, as well as governing different types of conduct of hostilities and the difficulties in determining whether a destruction was unlawful. Significantly, the edition takes the armed conflict between Russia and Ukraine into account, discussing what remains of neutrality, defending the strict separation between the prohibition of aggression and the humanitarian rules to be respected by both sides, which must however be nuanced in the field of naval warfare. New sections explore IHL in relation to persons with disabilities, sieges and humanitarian corridors, the role of the media, IHL in outer space, and the concept of meaningful human control over lethal autonomous weapons systems. Structured in a clear and accessible manner, this new edition is essential reading for all students and scholars of international humanitarian law, as well as those in human rights, and public international law. For military practitioners and NGO lawyers, as well as those working in intergovernmental organizations, this is simply a must-have resource.Trade Review‘The return of an instant classic. As a leading expert in the field, Marco Sassòli maintains the fine and difficult balance between making IHL accessible to those that are unfamiliar with it, while offering a nuanced analysis which will satisfy its experts. A must read for everyone who is working on or is interested in IHL.’ -- Vaios Koutroulis, Université Libre de Bruxelles, Belgium‘This 2nd edition of Marco Sassoli’s masterwork, International Humanitarian Law, could not be timelier. Offering deeper coverage of key topics, he has updated his always-insightful analysis by reference to the Russia-Ukraine war. Eminently qualified to examine its influence on our understanding of IHL, Marco has produced yet another indispensable tool for scholars and practitioners alike.’ -- Michael N. Schmitt, United States Military Academy at West Point‘Almost immediately, the first edition of Professor Sassòli’s International Humanitarian Law became an indispensable classic. With this second edition, he not only updates and refines its superb coverage. He cements its place as a sophisticated yet accessible resource for humanitarians, scholars, jurists and armed forces everywhere.’ -- Sean Watts, United States Military Academy at West Point‘There is literally no-one more qualified to write a textbook on international humanitarian law than Marco Sassòli. In its first edition this book already became a leading resource in the field, and the second edition will be no different. It does not aim to comprehensively cover all of IHL, but focuses on issues and controversies of greatest contemporary relevance, with a remarkable degree of rigour, precision, and clarity.’ -- Marko Milanovic, University of Reading, UK‘This second edition benefits from Professor Sassòli's unrivaled insights into the legal issues that have already arisen in the context of the conflict between Russia and Ukraine. This means one is not only exposed to the controversies, but also treated to his evaluation of the significance of the reactions of states to tricky issues of blockade, neutrality, and arms transfers. We get a sense of where the law is heading from one of its keenest observers. In addition there are new sections on investment law and the rules that should apply in outer space. The extensive multilingual references allow the reader to remain on top of contemporary developments, while guiding one through the intricacies of just about every aspect of international humanitarian law. This is a must have for anyone thinking about or practising international humanitarian law.’ -- Andrew Clapham, Geneva Graduate Institute, SwitzerlandTable of ContentsContents: 1 An introduction to international humanitarian law 1 2 History of international humanitarian law 5 3 A general overview of IHL based upon its major delimitations 16 4 The sources of IHL 35 5 Respect of the law 73 6 Scope of application: when does IHL apply? 186 7 International and non‑international armed conflicts 227 8 The protective regimes 255 9 IHL and other branches of international law 458 10 Selected cross-cutting issues 528 11 Conclusion and the future of international humanitarian law 704

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Book SynopsisThrough its careful consideration of the status of armed groups within a complex legal landscape, this insightful book identifies and examines the tensions that arise due to their actions existing across a spectrum of legality and illegality. Considering the number of armed groups currently exercising governance functions and controlling territory and population in the world, its analysis is especially topical. Armed Groups and International Law provides essential peer-reviewed analyses of the place of armed groups in the legal framework. A collaborative effort between eminent scholars from different disciplines, it summarises various points of contention within the study of these armed actors, detailing examples that are highly relevant to the contemporary world, such as Afghanistan and Syria. Addressing law-making, rebel governance and accountability, this illuminating book will be of great benefit to students of international humanitarian law, human rights law, international criminal law, and public international law seeking to expand their understanding of the treatment of armed groups within the international legal system. It will also serve as a useful resource for practitioners working in the area of civilian protection and academics conducting research on armed conflict from a variety of disciplines.Trade Review‘This work provides important new insights into how armed groups navigate – and are being navigated by – international and domestic law and other norms. It sheds light on a vast array of thus far underexplored conundrums and intricacies that result from their existence. It is highly recommended to anyone in search of a deeper understanding of the legal implications of the reality of armed groups.’ -- Jann Kleffner, Swedish Defence University, Sweden.‘This book takes the reader beyond the paradox that armed groups are both illegal and engaged in law-enforcement. The authors take us into the day-to-day world of rebel governance and explore the work done by law. We are treated to something which is both scholarly and practical. This kind of inquiry can only benefit the millions living under rebel control.’ -- Andrew Clapham, Graduate Institute of International and Development Studies, Switzerland‘This wide-ranging collection brings together experts from across political science and legal studies to probe one of the most complex and pressing problems facing the world today: how should the international community understand the reality of rebel rule? Tackling both the big picture as well as delving into the intricacies that have bedeviled analysts and policy makers, contributors push the analysis in new directions while unearthing long forgotten truths. An agenda-setting volume, the book will shape the debate on international law and armed groups for the foreseeable future.’ -- Zachariah Mampilly, The City University of New York, US‘A thoughtful and thought-provoking collection by some of the leading voices in the field. Expertly curated, this is valuable reading for anyone interested in issues relating to armed groups and international law.’ -- Sandesh Sivakumaran, University of Cambridge, UK‘Fortin and Heffes have assembled a stellar collection of leading scholars on the difficult topic of armed groups under international and domestic law, providing us with thoughtful and rigorous analysis and insight into a complex area that defies easy legal and political solutions.’ -- Emily Crawford, The University of Sydney Law School, Australia‘This superlative collection addresses a highly significant and still overlooked dimension of international and domestic law, namely its application to internal armed conflicts and to non-state armed groups. Noting the relative dearth of substantive attention to this relationship, even as the numbers of armed conflicts and non-state armed groups proliferate, the editors and contributors provide clear, astute, and original analyses of the range of implications which draw equally from rich and carefully detailed histories of the development and application of humanitarian, human rights and criminal law and their use in a range of fascinating cases. Conceptually and empirically grounded, this volume is by far the best introduction to the fundamentally necessary, and continually urgent, understanding of armed groups and international and domestic law.’ -- Helen M. Kinsella, University of Minnesota, USTable of ContentsContents: Foreword x Acknowledgments xiv Introduction: An exploration of the shadowland of armed groups and international law 1 Katharine Fortin and Ezequiel Heffes 1 Violence as redress: Armed groups, the right to rebellion and the resort to force for gross violations of human rights 15 Luke Moffett 2 The politics of armed non-state groups and the codification of international humanitarian law 43 Giovanni Mantilla 3 ‘The right to participate in hostilities’: combatant privilege vs criminal responsibility for members of organised armed groups during international and domestic criminal trials 64 Rogier Bartels 4 Proscription and group membership in counter-terrorism and armed conflict: Areas of tensions between criminal law and international humanitarian law 91 Ilya Sobol and Gloria Gaggioli 5 Shadowland strategy: How non-state armed actors navigate between national laws and international law 120 Hyeran Jo and Niels H. Appeldorn 6 Exploring the civilian and political institutions of armed non-state actors under IHL in an age of rebel governance 140 Katharine Fortin 7 Rebel rulers and rules for rebels: Rebel governance and international law 167 Alessandra Spadaro 8 From law-taking to law-making and law-adapting: Exploring non-state armed groups’ normative efforts 191 Ezequiel Heffes 9 The provision of healthcare by Islamist armed groups: Between sharia and international law 212 Marta Furlan 10 De facto justice: Prosecution by non-state actors in armed conflict 237 Helen Duffy 11 ‘Equals, but not Equals’: The paradox of amnesties and armed groups in non-international armed conflict 270 Annyssa Bellal 12 A matter of life and death: The impact of power-sharing on the legal position of armed groups 288 Daniëlla Dam-de Jong Index

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Book SynopsisProviding a much-needed study of the weapons paradox in the case of autonomous weapons, this book is a detailed and comprehensive account of the current debate over the use of autonomous weapons – should some form of regulation be applied or a total ban be enforced? How can compliance with existing rules be ensured? Can responsibility be properly allocated? To what extent do concepts such as ‘human dignity’ and ‘humanity’ provide legal guidance in coping with technology? This book tackles these momentous challenges and strives to provide sound answers by elaborating on international law and proposing normative solutions for current and future human–machine interactions in this critical field. Diego Mauri expertly explains the complex new technological research involved in autonomous weaponry, with particular focus on technological developments that have elicited intense debates among diplomats, military experts, scientists, philosophers, and international lawyers. Providing innovative and original discussion of the effective protection of the human person in international law, this book will be welcomed by legal scholars, human rights lawyers, and researchers concerned with the relationship between international law and technology.Trade Review‘Diego Mauri’s book adds a new perspective to the literature on Autonomous Weapons Systems (AWS): the protection of human beings against the use of force. The merit of the book is to present human dignity and its corollaries as a “compass” that must guide all the actors involved in framing a set of rules for the governance of AWS.’ -- Edoardo Greppi, University of Torino, ItalyTable of ContentsContents: Foreword 1. Introduction: Autonomous Weapons Systems and the Protection of the Human Person 2. Sketching the debate 3. Autonomous weapons systems under international human rights law 4. Autonomous weapons systems under international humanitarian law 5. Autonomous weapons systems and the ‘accountability gap’ conundrum 6. Building the bridge to the future Bibliography Index

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

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Book SynopsisThis illuminating book explores the nature of international humanitarian law (IHL), so doing by asking whether it should be seen as a permissive or a restrictive regime. An experienced lawyer in the field, Anne Quintin offers an in-depth expert analysis of this highly debated topic. In the eyes of many, the primary purpose of IHL is to impose restrictions on the actions of parties in armed conflicts, in order to protect victims. But IHL is also increasingly cited as an authority in permitting conduct that would be deemed unlawful in peacetime, for instance some cases of internment or targeting of persons. Considering both international and non-international armed conflicts, Quintin carefully and astutely peels away the layers of this debate, revealing the true nature of IHL and concluding that whilst IHL initially developed as a restrictive regime composed of prohibitions and prescriptions, it nevertheless contains within it rare permissions that allow states to act. Utilising a scientific methodology to offer concrete and realistic outcomes, whilst couching differing interpretations of IHL in wider debates surrounding the nature of international law, this book will be of interest to all academics, practitioners and policy-makers in the field of international humanitarian law. Its analysis of how people are effectively protected during an armed conflict will also be beneficial for the wider humanitarian community. Trade Review'At a critical moment for IHL, Dr. Quintin's monograph presents an all-too-rare find: it asks big and important questions and tackles them through sharp doctrinal and practical analysis. She frames key questions concerning the fundamental nature of the law governing war and masterfully draws out linkages between IHL, jus ad bellum, and international human rights law. In doing so, Dr. Quintin reveals that how these questions are ultimately answered will shape the future and fate of this body of law.' --Naz Modirzadeh, Harvard Law School Program on International Law and Armed Conflict, US'IHL governs organized human behavior in its basest form - war. This being so, understanding the nature of this unique body of law would seem fundamental, yet discussion has long been beset by a binary debate over whether it is restrictive or permissive in character. In this sophisticated and incisive book, Anne Quintin takes on this persistent controversy, providing readers a ''palette of nuance'' that makes possible a coherent and internally consistent framework for analysis by both scholars and practitioners. The Nature of International Humanitarian Law is a ''must read'' for experts in the field.' --Michael Schmitt, University of Reading School of Law, UKTable of ContentsContents: Foreword Introduction PART I: Nature of International Humanitarian Law: restrictive or permissive? 1. Authority under IHL: what are we looking for? 2. Jus ad bellum and jus in bello 3. The principle of military necessity: restrictive or permissive? 4. Permissive Hague Law versus restrictive Geneva Law? 5. Overall Function of IHL PART II: The authority to intern during armed conflict 6. The authority to intern prisoners of war in international armed conflict 7. The authority to intern protected civilians in international armed conflict 8. The authority to intern in non-international armed conflict 9. The authority to intern in armed conflict and the right to liberty under IHRL PART III: The authority to target persons during armed conflict 10. The authority to target persons under IHL 11. The principle of proportionality under IHL: authority to launch attacks expected to cause non-excessive civilian losses? 12. The authority to target in armed conflict and the right to life under IHRL Conclusions Index

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Book SynopsisThis Commentary provides the first comprehensive and holistic analysis of the Council of Europe Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention). It offers a complete article-by-article guide to the Convention with reference to the explanatory report, the findings of the monitoring body (GREVIO) and relevant State practice. Contributions from more than 50 leading international academics and practitioners in the field. A set of thematic chapters dwelling on crucial issues such as intersectionality, reproductive rights, and cyber violence. Analyses of the content of each article against the background of relevant international documents such as the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) and the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women. This Commentary will be a vital resource for academics and researchers focused on preventing and countering violence against women, whether in the fields of public international law, gender studies, feminist legal studies, criminal law, or European law. Interdisciplinary in perspective andintersectional in approach, lawyers, judges, state officials, policymakers and providers of victim support services will find the Commentary’s analysis an invaluable tool for the implementation of the Istanbul Convention.Trade Review‘This book provides a masterful overview of the Istanbul Convention, with its article-by-article commentaries, critical assessments of its strength and weaknesses, and comparisons with other -- legal regimes to combat violence against women. Taken as a whole, this book clarifies and illuminates, and is a necessary resource for anyone working in this area.’– Rebecca J. Cook, University of Toronto, CanadaTable of ContentsContents: Foreword xxxiii Hilary Charlesworth and Christine Chinkin Foreword xxxvi Dubravka Šimonović Introduction to Preventing and Combating Violence Against Women and Domestic Violence 1 Sara De Vido and Micaela Frulli SECTION I THE ISTANBUL CONVENTION: BACKGROUND AND CONTEXTUALIZATION A The Istanbul Convention from an Intersectional Perspective 5 Lorena Sosa and Ruth Maria Mestre i Mestre B The Istanbul Convention in Times of Emergency 22 Deborah Russo C The Istanbul Convention through the Lens of the Americas and Africa 34 Rosa Celorio D The Possibilities of the Regional Human Rights Mechanism for Promotion and Protection of Women’s Rights to be Free from Violence: The Asian case 50 Yoko Hayashi E Embracing Gender Parity at International and European Level 62 Elisa Fornalè SECTION II COMMENTARY ARTICLE BY ARTICLE P The Preamble 75 Laura Candiotto CHAPTER I PURPOSES, DEFINITIONS, EQUALITY AND NON-DISCRIMINATION, GENERAL OBLIGATIONS 1 Purposes of the Convention 85 Sara De Vido and Micaela Frulli 2 Scope of the Convention 95 Micaela Frulli 3 Definitions 108 Victor Manuel Merino-Sancho 4 Fundamental rights, equality and non-discrimination 123 Lourdes Maria Peroni 5 State obligations and due diligence 136 Alice Ollino 6 Gender-sensitive policies 147 Lourdes Maria Peroni CHAPTER II INTEGRATED POLICIES AND DATA COLLECTION 7 Comprehensive and co-ordinated policies 154 Marina Calloni and Daniela Belliti 8 Financial resources 164 Francesca Cerulli 9 Non-governmental organizations and civil society 175 Enzamaria Tramontana 10 Co-ordinating body 185 Sara Dal Monico 11 Data collection and research 195 Biljana Brankovic CHAPTER III PREVENTION 12 General obligations 212 Marcella Ferri 13 Awareness-raising 224 Mathias M.schel 14 Education 235 Katarzyna Sękowska-Kozłowska 15 Training of professionals 246 Albena Koycheva 16 Preventive intervention and treatment programmes 256 Cristina Oddone 17 Participation of the private sector and the media 268 Federico Faloppa CHAPTER IV PROTECTION AND SUPPORT 18 General obligations 285 Alice Riccardi 19 Information 298 Gema Fern.ndez Rodr.guez de Li.vana and Keina Yoshida 20 General support services 310 22 Specialist support services 23 Shelters 24 Telephone helplines 25 Support for victims of sexual violence Bonita Meyersfeld and Francesca Sironi De Gregorio 21 Assistance in individual/collective complaints 333 Lisa Gormley 26 Protection and support for child witnesses 339 31 Custody, visitation rights and safety Elisabetta Bergamini and Laura Lizzi 27 Reporting 356 28 Reporting by professionals Chiara Angiolini CHAPTER V SUBSTANTIVE LAW 29 Civil lawsuits and remedies 366 Marc Julien Pichard 30 Compensation 374 Sara De Vido 32 Civil consequences of forced marriages 385 Angelica Bonfanti 33 Psychological violence 395 35 Physical violence Barbara Giovanna Bello 34 Stalking 423 Leonie Steinl 36 Sexual violence, including rape 432 Ludovica Poli 37 Forced marriage 447 Chiara Ragni 38 Female genital mutilation 458 Ruth Maria Mestre i Mestre 39 Forced abortion and forced sterilisation 470 Daniela Alaattinoğlu 40 Sexual harassment 481 Valeria Tevere 41 Aiding or abetting and attempt 495 Piergiuseppe Parisi 42 Unacceptable justifications for crimes, including crimes committed in the name of so-called ‘honour’ 503 Sital Kalantry and Shireen Moti 43 Application of criminal offenses 512 Rachel Behring and Boris Burghardt 44 Jurisdiction 524 Elena Carpanelli 45 Sanctions and Measures 538 Kalika Mehta 46 Aggravating circumstances 548 Luca Poltronieri Rossetti 47 Sentences passed by another Party 559 Luca Poltronieri Rossetti 48 Prohibition of mandatory alternative dispute resolution processes or sentencing 568 Marc Julien Pichard CHAPTER VI INVESTIGATION, PROSECUTION, PROCEDURAL LAW AND PROTECTIVE MEASURES 49 General obligations 577 Johanna Niemi 50 Immediate response, prevention and protection 585 Johanna Niemi 51 Risk assessment and risk management 590 Piergiuseppe Parisi 52 Emergency barring orders 600 53 Restraining or protection orders Johanna Niemi 54 Investigations and evidence 610 Arianna Vettorel 55 Ex parte and ex officio proceedings 620 Ana Montesinos Garc.a and Isabel Maravall-Buckwalter 56 Measures of protection 630 Ana Montesinos Garc.a and Isabel Maravall-Buckwalter 57 Legal aid 642 Lucia Parlato 58 Statute of limitation 654 Piergiuseppe Parisi CHAPTER VII MIGRATION AND ASYLUM 59 Residence status 661 Vladislava Stoyanova 60 Gender-based asylum claims 672 Fulvia Staiano 61 Non-refoulement 681 Anne Lagerwall and Mona Aviat CHAPTER VIII INTERNATIONAL CO-OPERATION 62 General principles 696 63 Measures relating to persons at risk 64 Information Ester di Napoli and Francesca Maoli 65 Data protection 716 Alessandro Bernes CHAPTER IX MONITORING MECHANISM 66 Group of experts on action against violence against women and domestic violence 728 67 Committee of the Parties 68 Procedure 69 General recommendations 70 Parliamentary involvement in monitoring Ronagh McQuigg 70A Locating GREVIO in the realm of international and regional human rights monitoring mechanisms 755 Martina Buscemi CHAPTER X RELATIONSHIP WITH OTHER INTERNATIONAL INSTRUMENTS 71 Relationship with other international instruments 771 Sara De Vido CHAPTER XI AMENDMENTS TO THE CONVENTION 72 Amendments 780 Wojciech Burek CHAPTER XII FINAL CLAUSES 73 Effects of this Convention 789 Alexandra David 74 Dispute settlement 798 Alexandra David 75 Signature and entry into force 804 76 Accession to the Convention 804 Eug.nie d’Ursel 76A Israel’s (Possible) Accession to the Istanbul Convention 821 Ruth Halperin-Kaddari 77 Territorial application 824 Eugénie d’Ursel 78 Reservations 830 79 Validity and review of reservations Wojciech Burek 80 Denunciation 846 81 Notification Karolina Prażmowska 80A A Tale of the Opposites: Denunciation and Implementation of the Istanbul Convention in Turkey 858 Aslıhan Tekin SECTION III CRITICAL ASSESSMENTS OF SHORTCOMINGS OF THE ISTANBUL CONVENTION: SELECTED ISSUES F Smart-locking up women: Internet of Things (IoT) perpetration in domestic violence 864 Adriane van der Wilk G Prostitution: A Missed Opportunity? 878 Elisa Camiscioli H Sexual and reproductive health rights in the Istanbul Convention: An inadequate approach? 888 Lucía Berro Pizzarossa

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Book SynopsisWhere contemporary developments have significantly altered the implementation methods of, and relationship between, human rights law and international humanitarian law, this timely book looks at the future challenges of protecting human rights during and after armed conflicts. Leading scholars use critical case studies to shed light on new approaches used by international courts and experts to balance these two bodies of law.Table of ContentsContents: 1 Remarks on the relationship between international human rights law and international humanitarian law 1 Norman Weiß and Andreas Zimmermann PART I DURING CONFLICT I: FOCUSING ON GROUPS AND ACTORS 2 Responsibility for supporting organised armed groups: a comparison between common Article 1 of the Geneva Conventions and the ICCPR 12 Daniel Elias Quiñones Møgster 3 Legal fragmentation and obligations for armed non-state actors: can international humanitarian law and international human rights law learn from each other? 31 Joshua Joseph Niyo 4 Protection of refugees in the refugee camps: perspectives on human rights obligations and implied powers of the UNHCR 53 Amity Meng-Ting Hsieh PART II DURING CONFLICT II: PUSHING LEGAL BOUNDARIES 5 Solving the ‘life of the nation’ conundrum: extraterritorial derogations in international military operations 75 Cornelius Wiesener 6 Do armed conflicts justify the application of Article 15 ECHR? Considering the extraterritorial application of the Convention 94 Hanna Wiczanowska PART III AFTER CONFLICT 7 Transitional justice and intersectionality in post-conflict societies 112 Ruth Amir 8 From ‘burying in oblivion’ to ubi jus ibi remedium: the development and complexities of accountability-based responses to victims of armed conflict 132 Emily Camins 9 Bridging the gap between impunity and human rights: international criminal justice 155 Khulisumuzi Kenneth Sithebe 10 Compensating victims of armed conflict: evidence from the European Court of Human Rights 173 Cornelia Klocker PART IV NEW APPROACHES AND PERSPECTIVES 11 Inter-state cases under the International Convention on the Elimination of All Forms of Racial Discrimination 197 David Keane 12 A seat at the table: Islamic law’s neglected potential in universalising international humanitarian law 223 Julie A. Fraser Index

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

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Book SynopsisLaw and Migration is an authoritative volume which draws on statutory and case law to expose the limitations of the law in protecting the individual caught in the complex web of national and regional constraints on migration. International law provides for the exercise of the sovereign power of states to control the entry of non-nationals. However, more recent international conventions have shown a growing awareness of the failure of the law to protect individuals and their families from violation of their human rights and civil liberties. Whilst avoiding open conflict with the principle of sovereignty, national courts have strived to comply with the spirit of human rights conventions and have often decided in favour of individuals. Despite this, border and internal controls on entry continue to proliferate. Globally the failure to establish an adequate legal framework which takes account of forced migration caused by wars and natural disasters has provoked a debate beyond the traditional legal norms. This volume presents a selection of published work from a variety of countriest and addresses the theoretical questions and policy issues which will continue to tax lawyers in the twenty first century.Trade Review'Law and Migration provides the reader with an impressive compilation of articles on immigration law and its effects on the individual within a transitory global society. . . . Law and Migration, through its efficient presentation of important recent scholarship, succeeds in providing a series of articles that focus on some of the most pressing issues in Western immigration law.'Table of ContentsPart I International law and the protection of human rights. Part II International law and refugees. Part III Constiutionalism, due process and the courts. Part IV Race, gender and class issues in immigration and asylum law.

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

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Book Synopsis

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Book SynopsisDie Arbeit befasst sich anhand des Beispiels des "Islamischen Staates" mit der völkerrechtlichen Rechtfertigung der militärischen Terrorismusbekämpfung. Hierbei grenzt sich die Untersuchung von der bestehenden Diskussion durch ihren Fokus auf autarke, staatsähnliche Akteure ab. Ausgehend von der bestehenden völkerrechtlichen Diskussion wird der Arbeit die These zugrunde gelegt, dass bisherige Rechtfertigungsansätze zum Einsatz grenzüberschreitender Gewalt gegenüber derartigen Herrschaftsgebilden scheitern müssen. Angesichts des Fehlens einer diese Problematik aufgreifenden Rechtsfortbildung wird eine Aufweichung des völkerrechtlichen Gewaltverbotes befürchtet und untersucht. Dazu geht die Arbeit einerseits der Frage nach, inwieweit terroristischen Quasi-Souveränen eigene Rechtssubjektivität zugebilligt werden kann. Andererseits wird geprüft, inwieweit sich die Entwicklung terroristischer Herrschaft auf die Rechtfertigung grenzüberschreitender Gewalt auswirken. Die Untersuchung kommt zur ernüchternden Bejahung der aufgestellten Thesen und attestiert eine Abkehr von Grundprinzipien des Völkerrechts angesichts der Machtlosigkeit des Rechts gegenüber rechtsverachtend handelnden Akteuren.Table of ContentsDie Entwicklung des „staatsähnlichen Terrorismus“ als neue Form terroristischer Gewalt.- Die bisherige Rechtfertigung militärischer Terrorismusbekämpfung als Ausgang der weiteren Untersuchung.- Einordnung des „staatsähnlichen Terrorismus“ unter anerkannte Erscheinungsformen der Völkerrechtssubjektivität.- Entwicklung partieller Völkerrechtssubjektivität?.- Neue Staatenpraxis zum „staatsähnlichen Terrorismus“.- Änderung der Bewertung angesichts des „staatsähnlichen Terrorismus“.

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Book SynopsisSince the publication of the second edition of this outstanding collection, there has been a continued and rapid growth in the number international conventions, protocols, declarations and recommendations governing migration; and a transformation of the European Union's the legislation on the subject. The present edition takes account of these developments. Among the new instruments appearing in this edition are the EU's Minimum Standards Directive, its Responsibility Directive and the Family Union Directive, the European Convention on Nationality, several Conclusions of the Executive Committee of the UNHCR and Protocol No 12 to the European Convention on Human Rights. Account has been taken of the entry into force of certain of the instruments which, at the time of the second edition, remained without legal effect. Chief among these is the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, which entered into force on 1 July 2003 and at the end of 2005 had 27 parties. As in the second edition, the first four Parts deal respectively with general multilateral instruments, texts governing nationality and statelessness, general instruments on refugees and Council of Europe Instruments. Parts Five, Six, Seven and Eight, which are substantially composed of new measures, deal with aspects of EU law or policy, replacing the two parts devoted to this subject in the second edition, which in turn replaced a single chapter in the first edition. This publication is not intended for scholars alone, but also for practitioners in migration law. The texts are of practical significance for those concerned with the administration of the laws affecting migration and for representatives of those affected by these laws. It also serves as a companion to Richard Plender's monograph, "International Migration Law".Table of ContentsPart I. General Multilateral. Part II. Nationality and Statelessness. Part III. Refugees: General. Part IV. Refugees: Council of Europe. Part V. Council of Europe: Other. Part VI. Conference on Security and Cooperation in Europe/Organisation for Security and Cooperation in Europe. Part VII. European Community Law. Part VIII. European Union: Cooperation in the Fields of Justice and Home Affairs. Part IX. European Community Agreements with Third Countries. Part X. International Labour Organisation: Conventions. Part XI. International Labour Organisation: Recommendations. Part XII. Miscellaneous.

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