Public international law: humanitarian law Books

Book SynopsisThe history of conflict is replete with examples of exclusions from protections designed to moderate warfare. This edited volume explores how protections in modern warfare might be informed by notions of 'civility' and 'barbarism', and asks if only those deemed to be civilised are afforded protections prescribed by the laws of war.Table of Contents1. Civility, barbarism and the evolution of international humanitarian law: who do the laws of war protect?: introduction Matt Killingsworth and Tim McCormack; 2. Sieges and the laws of war in Europe's long eighteenth century Gavin Daly; 3. All's fair in love and war or the limits of the limitations: juridification of warfare and its revocation by military necessity Miloš Vec; 4. Cultivating humanitarianism: moral sentiment and international humanitarian law in the civilizing process Richard Devetak; 5. Limits to the scope of humanity as a constraint on the conduct of war Tim McCormack, Siobhain Galea and Daniel Westbury; 6. The state, civility and international humanitarian law Matt Killingsworth; 7. Operationalising distinction in South Sudan: humanitarian decision-making about military asset use Rebecca Sutton; 8. Private military and security companies and international humanitarian law: the montreux document Rebecca Shaw; 9. Protecting warfighters from superfluous injury and unnecessary suffering Rain Liivoja; 10. Blurring the lines: how are female child soldiers protected by the laws of war? Rosemary Grey; 11. A step back to take a step forward: the future of justice in conflict Mark Kersten.

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Book SynopsisThis textbook is intended for undergraduate and postgraduate students, academics and practitioners. Fully revised and updated, this new edition provides a contemporary, comprehensive, well-structured, accessible textbook for students studying the use of force, public international law, international politics and international relations.Trade Review'The appearance of a new edition of Christian Henderson's clear work on the law on the use of force is most welcome. This second edition has been thoroughly updated, taking account of the many developments since the first edition, including the current war in Ukraine. It is a reliable and informative guide, for academic and practitioner alike, on a central question of modern international law' Sir Michael Wood, Twenty Essex, LondonTable of ContentsPart I. The Prohibition of the Threat or Use of Force: 1. The general breadth and scope of the prohibition; 2. The meaning of 'force'; Part II. The Use of Force in the Context of Collective Security: 3. The use of force under the auspices of the United Nations; 4. Issues in relation to authorisation by the United Nations Security Council; 5. United Nations Peacekeeping and the use of force; Part III. The Use of Force in Self-Defence: 6. General aspects of the right of self-defence; 7. Preventative self-defence; 8. The use of force against non-state actors; Part IV. Forcible Intervention in Situations of Civil Unrest: 9. Consent to intervention and intervention in civil wars; 10. The doctrine of humanitarian intervention; Conclusions.

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Book SynopsisThis book examines how the law of armed conflict regulates the use of nano-technologies as a means or method of warfare. It explores three specific weapons, namely nano-enhanced thermobarics, optogenetics and genetic modification, and their existing legal frameworks, relevance and future military use of nanomaterials and other technologies.Trade Review'The book is both legally sophisticated and practically oriented, concluding with a series of recommendations for scientists, governments and armed forces.' Professor Hilary Charlesworth, University of Melbourne, and Judge, International Court of Justice'The book will fully inform – with sufficient detail and clarity - an expert in one field who needs or wants information in another field … to analyse future 'means or methods of warfare', involving any number of new technologies, in the complex and broad legal review of contemporary arms control frameworks.' Professor Emerita Nancy Connell, Rutgers University'Through her nuanced advocacy of existing rules and methodologies, Leins makes positive recommendations for a more cooperative future discussion across legal, social, and technical communities, bypassing the past conflicts faced in the relationship between LOAC and human rights law groups.' Professor Robert McLaughlin, Australian National Centre for Oceans Resources and Security'New War Technologies and International Law provides an authoritative account of the legality of using nanotechnology in war.' Dr Filippa Lentzos, King's College LondonTable of Contents1. International law and the use of nanomaterials in war; 2. The three technologies using nanomaterials; 3. International treaty law; 4. International customary law and principles; 5. International environmental law and principles; 6. International human rights law; 7. Conclusion and recommendations.

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

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