International Humanitarian Law Series – serie

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46 produkter

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46 produkter

Del 8 - International Humanitarian Law Series
Listening to the Silences: Women and War
AvHelen Durham,Tracey Gurd
Inbunden, Engelska, 2005
2 184 kr
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Challenging the perception that women are exclusively the victims, the caregivers or the passive supporters of men in times of armed conflict, Listening to the Silences: Women and War exposes the reader to a diversity of women’s voices. These voices, both personal and academic, demonstrate that women are increasingly taking on less ‘traditional’ roles during war, and that these roles are multifaceted, complicated and sometimes contradictory. The experiences of a judge, forensic anthropologist, survivor of sexual slavery, soldier, activist, journalist, humanitarian worker and others provide the reader with the opportunity to consider the depth of women’s involvement in armed conflict. Their voices highlight the fact that the international community at large has historically failed to listen to women, even as they have tried to tell their own individual tales of horror, heroism, courage, devastation, betrayal, violence and integrity during armed conflict. Concurrently the book examines in detail the legal infrastructure in this area, including debates on the adequacy of international law; developments in jurisprudence and the implementation of international resolutions.This book reveals that responses to women’s requirements during times of war will continue to be inadequate so long as we persist in silencing these differing perspectives and fail to take account of women’s dynamic and changing needs during war. Listening to the Silences: Women and War is a collection of women’s voices, each of which makes a unique contribution to a topic that is gathering international momentum and interest.The perspectives of these women greatly enhance our understanding of the gendered dimensions of armed conflict - they help to move the discourse beyond silence and towards inclusion, greater understanding and peace.
Del 10 - International Humanitarian Law Series
Dynamics of International Criminal Justice
Essays in Honour of Sir Richard May
AvHirad Abtahi,Gideon Boas
Inbunden, Engelska, 2005
2 665 kr
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This book is dedicated to the memory of Sir Richard May, who passed away on 1 July 2004, and to the rich legacy he has left behind in the area of international criminal law. It contains in-depth analyses of a range of issues critical to the development and understanding of international criminal law, written by contributors who worked in some way with Sir Richard during his tenure at the ICTY, particularly during his last years as Presiding Judge of the Milošević Trial. It contains a Foreword by the President of the ICTY, Theodor Meron, and substantive work in three main parts: one chapter concerning the development and understanding of human rights; five chapters addressing international criminal law issues in the context of ICTY proceedings; and two chapters focusing on substantive aspects of international criminal law. All the chapters analyse international criminal law as applied by the ICTY, as well as the ICC, ICTR and other international or hybrid criminal tribunals, and are all authored by persons in a position to give great insight into the subject matter discussed.
Del 15 - International Humanitarian Law Series
International Law and Armed Conflict: Exploring the Faultlines
Essays in Honour of Yoram Dinstein
AvMichael Schmitt,Jelena Pejic
Inbunden, Engelska, 2007
3 768 kr
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International law and armed conflict exist in a symbiotic relationship. In some cases, law shapes conflict proactively by imposing normative limits in advance of the appearance of proscribed conduct. Much more commonly, armed conflict either reveals lacunae in the law or demonstrates how law designed for yesterday’s wars falls short when applied to contemporary conflict. When that happens, international law reacts by allowing provisions to fall into desuetude, embracing new interpretations of existing prescriptions, or generating new norms through practice or codification.In the 21st Century, both international security and armed conflict are the subject of arguably unprecedented sea changes. As a result, claims that both the jus ad bellum and jus in bello are unwieldy and ill-fitting in the context of modern hostilities have surfaced prominently. Whether one agrees with such dire assessments, what has become clear is that armed conflict is increasingly exposing faultlines in the law governing the resort to force.The intent of this collection of essays in honour of Professor Yoram Dinstein on the occasion of his 70th birthday is to explore such faultlines, first by identifying them and then by assessing their consequences. In a sense, then, the essays, contributed by the top minds in the field, will serve to assist academics and practitioners to anticipate pressure on the law governing armed conflict and, to the extent possible, react accordingly. Paralleling Professor Dinstein’s classic works – War, Aggression, and Self-Defence and The Conduct of Hostilities Under the Law of International Armed Conflict − the book addresses both ius ad bellum and ius in bello topics.
Del 16 - International Humanitarian Law Series
Protection of Personnel in Peace Operations
The Role of the 'Safety Convention' against the Background of General International Law
AvOla Engdahl
Inbunden, Engelska, 2007
2 396 kr
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The 1994 Convention on the Safety of United Nations and Associated Personnel (Safety Convention) was the first multilateral convention to deal specifically with the protection of personnel engaged in peace operations. It should be viewed against the background of the increasingly volatile environments in which peace operation personnel were required to operate at the beginning of the 1990s. An Optional Protocol, extending the automatic application of the Safety Convention to new categories of operation, was adopted in December 2005. Protection, which a host government is responsible for securing for personnel in peace operations, may be categorised as general and special protection. The former includes, for example, human rights law and international humanitarian law. The latter comprises privileges and immunities accorded to agents of states or organisations. The contribution of the Safety Convention is mainly one of interstate penal law co-operation. States parties are obligated to co-operate in order to effectively prosecute the perpetrators of stipulated crimes. The protection afforded by the Safety Convention may therefore be categorised as being part of an emerging legal regime against impunity. An effective protection needs to address the specific challenges surrounding peace operations. Some of these challenges, identified in this study, are related to the interplay between the rules of peace and war as well as responsibility and accountability of protected personnel. It is also contended that there is a need for an effective implementation of existing rules, and a careful development of so-called status-of-forces agreements applicable in peace operations.
Del 20 - International Humanitarian Law Series
Legacy of Nuremberg: Civilising Influence or Institutionalised Vengeance?
AvDavid Arnon Blumenthal,Timothy L.H. McCormack
Inbunden, Engelska, 2007
3 428 kr
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In this new collection of essays the editors assess the legacy of the Nuremberg Trial asking whether the Trial really did have a civilising influence or if it constituted little more than institutionalised vengeance. Three essays focus particularly on the historical context and involve rich analysis of, for example, the atmospherics of the Trial itself and the attitudes of German society at the time to the conduct of the Trial.The majority of the essays deal with the contemporary legacies of the Nuremberg Trial and attempt to assess the ongoing relevance of the Judgment itself and of the principles encapsulated in it. Some essays consider the importance of the principle of individual criminal responsibility under international law and argue that the international community has to some extent failed to fulfil the promise of Nuremberg in the decades since the Trial. Other essays focus on contemporary application of aspects of the substantive law of Nuremberg - particularly the international crime of aggression, the law of military occupation and the use of the crime of conspiracy as an alternative basis of criminal responsibility. The collection also includes essays analysing the nature and operation of a number of international criminal tribunals since Nuremberg including the permanent International Criminal Court. The final grouping of essays focus on the impact of the Nuremberg Trial on Australia examining, in particular, Australia’s post-World War Two war crimes trials of Japanese defendants, Australia’s extensive national case law on Article 1(F) of the Refugee Convention and Australia’s national implementing legislation for the Rome Statute.
Del 18 - International Humanitarian Law Series
Unlawful Attacks in Combat Situations
From the ICTY’s Case Law to the Rome Statute
AvHéctor Olásolo
Inbunden, Engelska, 2008
2 396 kr
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Death and destruction are unavoidable effects of war and combat situations. The fact that people have been killed or injured or property has been destroyed should not encourage anyone to rush to the conclusion that war crimes have been committed. On the contrary, before reaching such a conclusion, it is necessary to carefully analyze the conduct of the person causing death, injury or damage in order to ascertain whether such conduct is consistent with international humanitarian law. Technology, law and public opinion on what is acceptable has greatly evolved since World War II. The issue of civilian damage caused in combat operations has become an important topic in public opinion since Operation Desert Storm in 1991. Public pressure to limit incidental civilian damage has notably increased following the NATO aerial campaign in Kosovo in 1999 and the subsequent conflicts in Afghanistan in 2001, Iraq in 2003 and Lebanon 2006. Unlawful Attacks in Combat Situations focuses on the manner in which unlawful attacks launched during the conduct of hostilities have been dealt with in the Rome Statute of the International Criminal Court, the international treaty which, to date, deals most comprehensively with war crimes committed in international and non-international armed conflicts, and in the case law of the International Criminal Tribunal for the Former Yugoslavia, the first international judicial body that has investigated and prosecuted crimes committed during the conduct of hostilities since World War II.
Del 21 - International Humanitarian Law Series
Violations of the Rules Applicable in Non-International Armed Conflicts and Their Possible Causes
The Case of Somalia
AvOmar Abdulle Alasow
Inbunden, Engelska, 2010
2 630 kr
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While all armed conflicts are marked by violations of international humanitarian law, non-international armed conflicts appear to be characterised by even more serious violations of international humanitarian law on a colossal scale. This study is aimed at understanding the possible factors that may cause parties to non-international armed conflicts to engage in violations despite the fact that not only international humanitarian law but also other bodies of rules (e.g. legal and moral) impose restrictions and obligations similar to international humanitarian law. Somalia, which for over two decaces has been experiencing internal armed conflicts marked by widespread violations, is a typical case. This study addresses the root causes of the internal armed conflict in Somalia and identifies factors which contributed to the collapse of the Somali state and the reasons for its continuing conflict. It also examines the characteristics of the conflict. In order to examine the extent to which applicable rules have been respected or not, the study examines both international rules applicable in non-international armed conflicts and specific Somali rules of warfare. After demonstrating evidence of violations and analysing it, this study seeks to identify possible direct and indirect causes of these violations. In addition, it also seeks to identify whether such possible causes contribute to violations that are unique to the situation in Somalia, or, if not, whether there may be lessons to be learnt for other situations similar to that in Somalia.
Del 32 - International Humanitarian Law Series
Deadly Metal Rain: The Legality of Flechette Weapons in International Law
A Reappraisal Following Israel’s Use of Flechettes in the Gaza Strip (2001-2009)
AvEitan Barak
Inbunden, Engelska, 2011
2 513 kr
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Taking the April 2003 rejection by Israel's Supreme Court of a petition to ban flechette use rounds in the densely populated Gaza Strip as its point of departure, this innovative and interdisciplinary book offers the only in-depth study on flechette weapons conducted to date. Its timeliness is demonstrated in the 2009 Goldstone Report’s call for an urgent UNGA discussion on such weapons’ future legality. The book's first part reviews flechette weapon development and use during the Vietnam War as well as the consequent efforts to ban them. It then turns to the Israeli case: the use in Lebanon, the Gaza Strip and the resulting Supreme Court petition. The book's third and main part dissects the prolonged debate over banning flechettes while resting on unique primary sources such as Israeli post mortem reports together with an ample legal and military-medical literature. The book thus provides one of the most comprehensive explorations available of the distinctions separating legal from illegal conventional weapons.
Del 22 - International Humanitarian Law Series
Law at War: The Law as it Was and the Law as it Should Be
Liber Amicorum Ove Bring
AvOla Engdahl,Pål Wrange
Inbunden, Engelska, 2008
3 041 kr
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The authors of this volume have been inspired by the scholar to which this Liber Amicorum is dedicated - Professor Ove Bring - to look into both the past and the future of international law. Like Ove Bring, they have dealt with many aspects of the law governing the use of force, from arms control to human rights, international criminal law, the UN Charter, and, of course, international humanitarian law. Like Professor Bring, they have allowed themselves to draw trajectories from history and into the future, and have shunned away from neither the controversial nor the speculative, be it on the Middle East, the invasion of Iraq or the independence of Kosovo.This collection brings together insights from a former UN Legal Counsel, a former Executive Chairman of UNMOVIC, present and former judges of the European Court of Justice, the International Criminal Tribunal for the former Yugoslavia and the International Tribunal for the Law of the Sea, one present and one former member of the International Law Commission, as well as law professors and practitioners, from all Nordic countries, Germany and Australia. Together they form a highly challenging mosaic of perspectives on topical issues like cluster munitions, targeting, human rights in peace operations and the purposes of sentencing in international tribunals.The volume also contains a bibliography and a presentation of Professor Bring's work.
Del 23 - International Humanitarian Law Series
International Legal Dimension of Terrorism
AvPablo Antonio Fernández-Sánchez
Inbunden, Engelska, 2008
3 439 kr
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More than ever before International Humanitarian Law needs to find new solutions to new types of conflicts. The current state of the fight against terrorism is without doubt one of the new problems facing international society and one of the concerns of International Humanitarian Law.This volume offers reflections on the international legal theory of terrorism, international responsibility, the obligation to prevent terrorist acts, terrorism in armed conflicts, the responses to terrorism by regional international organizations and the legal limits to the fight against terrorism.The contributors consist of academics (and politicians) from Morocco, Algeria, Egypt, Tunisia, Lebanon and Israel, as well as from Spain, Italy, France, the United Kingdom, Switzerland and a representative for the Organisation of American States. The book thus contains a wide, multidisciplinary debate, with an emphasis on a Mediterranean perspective. In addition to examining all aspects of international terrorism, the objective of the symposium which gave rise to these essays was to establish some guidelines, in the form of a Declaration, to serve as the basis for the UN’s High Level Group for the Alliance of Civilisations on the subject of international terrorism. This overall objective was achieved with the adoption of the Huelva Declaration for an Alliance of Civilisations against Terrorism, the text of which is included at the end of this book.
Del 37 - International Humanitarian Law Series
What Is War?
An Investigation in the Wake of 9/11
AvMary Ellen O'Connell
Inbunden, Engelska, 2012
3 862 kr
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International law has lacked a widely-accepted definition of armed conflict despite the essential human rights and other rules that depend on such a definition. During armed conflict, government forces have “combatant immunity” to kill without warning. They may detain enemy forces until the end of the conflict without the requirement to provide a speedy and fair trial. Governments may have asylum obligations or neutrality obligations based on the existence of armed conflict. To fill this gap in our knowledge of the law, the International Law Association's Committee on the Use of Force produced a report on the meaning of armed conflict. This book contains the report and papers delivered at an inter-disciplinary conference designed to inform the committee from a variety of perspectives.
Del 28 - International Humanitarian Law Series
Regulating the Use of Force in Wars of National Liberation: The Need for a New Regime
A Study of the South Moluccas and Aceh
AvNoelle Higgins
Inbunden, Engelska, 2009
2 196 kr
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This work reconsiders and critically evaluates the complex international legal framework which seeks to regulate wars of national liberation in the light of two fascinating case studies. It tests the effectiveness of both the jus ad bellum and jus in bello aspects of the current legal framework by applying it to self-determination wars waged in the South Moluccas and Aceh by armed groups against Indonesia. The book highlights the various difficulties inherent in the current legal framework as well as the ad hoc and unpredictable practice of States in relation to its application. The work concludes with recommendations on how the current framework should be updated and enhanced so that it can adequately deal with modern self-determination conflicts.
Del 26 - International Humanitarian Law Series
Security: A Multidisciplinary Normative Approach
AvCecilia M. Bailliet
Inbunden, Engelska, 2009
2 290 kr
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Security is an all-encompassing term of art which is subject to diverse interpretations and understandings. It includes notions of protection against transnational threats, including terrorism, inter- and intra-state conflict, nuclear proliferation, forced migration, violation of women’s rights, climate change, etc. The papers in this collection provide fresh voices in the security debate, uniting scholars from different fields of law and philosophy to address normative gaps in interpretation, evolution and application. Part I considers calls for an expanded mandate for the UN Security Council and regional international organisations. Part II reviews innovations within the arena of international humanitarian law, including whether it is possible to balance human rights and humanitarian law standards in peacekeeping operations, responses to “voluntary human shielding”, and normative evolution in the removal of anti-personnel mines and the ban on cluster munitions. Part III embarks upon the realm of Ethics and Democracy: assessing the engagement of private soldiers and the legitimacy of targeted strikes pursuant to the “responsibility to prevent terrorism”. It also considers internal conflicts within the notion of “democratic security”, affirms the procedural guarantees of habeas corpus and non-refoulement as central elements of global justice, and calls for evaluation of gender equity as a measure of state fragility. Part IV confronts the global challenge of climate change as a security threat. Finally, Part V provides a practitioner’s perspective which discusses possible grounds for a gap between academics and security practitioners.
Del 31 - International Humanitarian Law Series
International Military Missions and International Law
AvMarco Odello,Ryszard Piotrowicz
Inbunden, Engelska, 2011
2 513 kr
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The Law of Armed Conflict traditionally regulates the actions of States and armed groups, as well as individuals who participate in hostilities. It is increasingly evident that there are significant legal issues regarding the application of this law to the activities of International Military Missions, especially with regard to United Nations forces and other international organisations because it is unclear how their activities are regulated by traditional sources of International Law. The book explores the legal developments in addressing this challenge, including pertinent issues of human rights and international criminal law, elucidating the rights and obligations of all the actors, including States, international organisations and individuals, involved in International Military Missions.
Del 24 - International Humanitarian Law Series
United Nations Naval Peace Operations in the Territorial Sea
AvRob McLaughlin
Inbunden, Engelska, 2009
1 973 kr
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This book examines UN naval peace operations, addressing the construction and assessment of authority with respect to a range of acts essential to the conduct of such operations. The focus is particularly upon operations as they relate to and impact upon the Territorial Sea. Within a conceptual approach emphasising the interaction of power and legitimation in the construction of authority, naval peace operations issues such as Innocent Passage, interdiction operations, and transitional administration are considered. The book concludes by proposing a conceptually and operationally sensitive approach to constructing authority for the conduct of UN naval peace operations in the Territorial Sea.
Del 25 - International Humanitarian Law Series
Contemporary Law of Targeting
Military Objectives, Proportionality and Precautions in Attack under Additional Protocol I
AvIan Henderson
Inbunden, Engelska, 2009
2 278 kr
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Armed conflict is about using force to achieve goals. As international humanitarian law regulates the means and methods that a belligerent may adopt to achieve its goals, there will inevitably be disagreements over the interpretation of that law. As for the rules that regulate targeting, the main difficulties arise over what is a lawful target and what is proportional collateral damage. This book provides a detailed analysis of those issues. Also, a chapter is dedicated to considering how United Nations Security Council sanctioning of participation in an armed conflict might affect the range of lawful targets available to a belligerent. Finally, a process is described by which legal responsibility for targeting decisions can be assessed in a complex decision-making environment.
Del 27 - International Humanitarian Law Series
Stopping Wars and Making Peace
Studies in International Intervention
AvKristen Eichensehr,W. Michael Reisman
Inbunden, Engelska, 2009
3 041 kr
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During most of human history, war was a basic instrument of statecraft, considered, for the most part, a lawful, honorable, ennobling, and even romantic pursuit. By contrast, peacemaking remained a marginal and indeed incongruous interstate activity. A war would end when the belligerents ended it.The experience of the twentieth century’s two world wars has changed, at least, the official view. The introduction of ever more destructive weapons, the drastic escalation of civilian deaths, and the economic and environmental devastation that modern war brought combined to forge an international legal impulse to stop, if not prevent, wars, resolve ongoing conflicts, and build peace.Yet stopping a war, though a useful, if not indispensable, step toward making peace, does not lead ineluctably to peace. Nor does the international community’s interposition of “peacekeepers”; their title notwithstanding, peacekeepers only try to keep a stopped war stopped. Making peace is a separate operation, often applying some parts of the same armamentarium but in very different ways.International efforts at stopping wars and making peace, in the era in which such initiatives have become lawful and virtuous, have proved remarkably unsuccessful. Yet the proliferation of ever more destructive weapons, the growing sense of insecurity and expectation of violence, the increasing difficulty of containing wars within a single arena, the threat of breakdown of order, with the prospect of epidemics and mass migration, all work to intensify the demand to stop wars and to make peace.This volume explores these issues by analyzing the theoretical literature on stopping wars and making peace and its application to a number of concrete cases, including the Falklands, Nagorno Karabakh, Rwanda, Malaya, Thailand, and Mozambique. Each case examines one conflict and the efforts undertaken to stop it and transform it into a peace system. The case studies draw general lessons from the incidents studied, extracting guidelines and principles that might serve those called upon to stop wars and make peace and offering a number of instructive points.
Del 29 - International Humanitarian Law Series
Protecting Cultural Property in Armed Conflict
An Insight into the 1999 Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict
AvNout van Woudenberg,Liesbeth Lijnzaad
Inbunden, Engelska, 2010
1 879 kr
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In 2009 it was ten years since the adoption of the Second Protocol to the 1954 Hague Convention for the Protection of Cultural Property in the Event of an Armed Conflict. To celebrate this anniversary, a variety of contributions, focussing on the legal and cultural aspects of the Protocol are presented by Van Woudenberg and Lijnzaad. The innovative aspects of the Second Protocol such as enhanced protection, criminal responsibility and jurisdiction, and the protection of cultural property in armed conflicts not of an international character are addressed. Some country-specific studies are included. It is hoped that this publication will inspire States to accede to the Protocol and that it will serve as a source of inspiration to legal advisers, military personnel and cultural property experts.
Del 34 - International Humanitarian Law Series
International Criminal Justice in bello?
The ICC between Law and Politics in Darfur and Northern Uganda
AvPhilipp Kastner
Inbunden, Engelska, 2011
1 985 kr
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The International Criminal Court (ICC) plays a particularly delicate role in situations of ongoing armed conflicts, both from a legal and a political perspective. While the primary objective of the ICC Statute is to end impunity, States Parties and the UN Security Council were mainly driven by political considerations when they triggered ICC jurisdiction over the situations in northern Uganda and Darfur. In this book, the author discusses strategies within the legal framework governing the Court to counter such politicization. He concludes that although the ICC can have beneficial effects on ongoing armed conflicts, its primary raison d’être should not be to influence politics but to continue to fight impunity in the long run.
Del 33 - International Humanitarian Law Series
Internal Implementation of Peace Agreements after Violent Intrastate Conflict
Guidance for Internal Actors Responsible for Implementation
AvArist von Hehn
Inbunden, Engelska, 2011
3 463 kr
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This book is at heart a guide on how to best approach the management of an internally-led peace implementation process after a violent intrastate conflict. It explains the principal tasks, legal framework and management implications of internal peace implementation and illustrates this with many examples of best practice as well as possible pitfalls. The book integrates a broad analysis of current academic research with a substantial number of interviews with experts from the field.With a foreword by Nobel Peace Prize Laureate President Martti Ahtisaari.
Del 35 - International Humanitarian Law Series
International Law and Sexual Violence in Armed Conflicts
AvChile Eboe-Osuji
Inbunden, Engelska, 2012
2 712 kr
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Sexual violence is a particular brand of evil that women have endured—more than men—during armed conflicts, through the ages. It is a menace that has continued to challenge the conscience of humanity—especially in our times. At the international level, basic laws aimed at preventing it are not in short supply. What is needed is a more conscious determination to enforce existing laws. This book explores ways of doing just that; thereby shoring up international legal protection of women from sexual violence in armed conflicts.
Del 30 - International Humanitarian Law Series
Beyond Victor's Justice? The Tokyo War Crimes Trial Revisited
AvYuki Tanaka,Timothy L.H. McCormackm. fl.
Inbunden, Engelska, 2011
2 900 kr
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The aim of this new collection of essays is to engage in analysis beyond the familiar victor’s justice critiques. The editors have drawn on authors from across the world — including Australia, Japan, China, France, Korea, New Zealand and the United Kingdom — with expertise in the fields of international humanitarian law, international criminal law, Japanese studies, modern Japanese history, and the use of nuclear, chemical and biological weapons. The diverse backgrounds of the individual authors allow the editors to present essays which provide detailed and original analyses of the Tokyo Trial from legal, philosophical and historical perspectives.Several of the essays in the collection are based on the authors’ extensive archival research in Japan, Australia, the United States and New Zealand, providing rich insights into Japanese societal attitudes towards the Trial, biological experimentation by the Japanese Army in China, as well as the trial of Korean prison guards and prosecutions for rape and sexual assault in the post-war period. Some of the essays deal with particular participants in the Trial, examining the role of individual judges, and the selection of defendants and the decision not to prosecute the Emperor. Other essays analyse the Trial from a legal perspective, and address its impact on concepts such as command responsibility, conspiracy and war crimes. The majority of the essays seek to identify and address some of the ‘forgotten crimes’ in the Tokyo Trial. These include crimes committed in China and Korea (particularly the activities of the infamous Unit 731), crimes committed against comfort women, and crimes associated with the atomic bombings of Hiroshima and Nagasaki, the conventional firebombing of other Japanese cities and the illicit drug trade in China. Finally, the collection includes a number of essays which consider the importance of studying the Tokyo Trial and its contemporary relevance. These issues include an examination of the way in which academics have ‘written’ the Trial over the last 60 years, and an analysis of some of the lessons that can be drawn for international trials in the future.
Del 42 - International Humanitarian Law Series
Sexual Exploitation and Abuse by UN Military Contingents
Moving Beyond the Current Status Quo and Responsibility under International Law
AvRóisín Sarah Burke
Inbunden, Engelska, 2014
3 686 kr
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In Sexual Exploitation and Abuse by UN Military Contingents: Moving Beyond the Current Status Quo and Responsibility under International law Róisín Burke explores the legal, conceptual and practical difficulties of dealing with sexual offences committed by military contingent personnel deployed on UN peace operations. Some of the inadequacies of current legal frameworks for dealing with such abuses are examined. The book addresses the difficulties with applying international humanitarian law, human rights law and/or international criminal law in this context, and the broader issue of state/international organization responsibility. The book proposes policy options to increase accountability both for perpetrators and for troop contributing nations otherwise indifferent to the crimes of their national contingents.
Del 40 - International Humanitarian Law Series
Old Bridge of Mostar and Increasing Respect for Cultural Property in Armed Conflict
AvJadranka Petrovic
Inbunden, Engelska, 2012
3 869 kr
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Although it is precious to all humanity, including future generations, cultural property is targeted wilfully during armed conflict. In the litany of other war crimes the wilful destruction of cultural property is pushed from centre stage. The deliberate destruction of the Old Bridge of Mostar is emblematic of tragedies wrought on priceless cultural objects internationally. Drawing on the relevant rules of international humanitarian law and the jurisprudence of the International Criminal Tribunal for the former Yugoslavia, this book analyses the normative implications of the deliberate targeting and destruction of the Old Bridge and also examines enforcement efforts in order to identify issues relating to international legal protection of cultural property arising from this incident.
Del 36 - International Humanitarian Law Series
Forcible Displacement Throughout the Ages
Towards an International Convention for the Prevention and Punishment of the Crime of Forcible Displacement
AvGrant Dawson,Sonia Farber
Inbunden, Engelska, 2012
2 384 kr
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Forcible displacement transforms cultures and can even lead to their destruction. Beginning with the origins of the human species millions of years ago and ending up in our present day era, this book analyses examples of forcible displacement in order to examine the crime in its many different forms. The legal contours of the crime receive a comprehensive treatment, including the experience of the international tribunals and decades of scholarly work in the area. The authors suggest that a paradigm shift is needed in order to bring development-induced displacement into the mainstream discourse on forcible displacement. The book concludes with a proposal for a new convention for the prevention and punishment of the crime of forcible displacement.
Del 41 - International Humanitarian Law Series
International Humanitarian Law and the Changing Technology of War
AvDan Saxon
Inbunden, Engelska, 2013
3 475 kr
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Increasingly, war is and will be fought by machines – and virtual networks linking machines - which, to varying degrees, are controlled by humans. This book explores the legal challenges for armed forces resulting from the development and use of new military technologies – automated and autonomous weapon systems, cyber weapons, “non-lethal” weapons and advanced communications - for the conduct of warfare. The contributions, each written by scholars and military officers with expertise in International Humanitarian Law (IHL), provide analysis and recommendations for armed forces as to how these new technologies may be used in accordance with international law. Moreover, the chapters provide suggestions for military doctrine to ensure continued compliance with IHL during this ever-more-rapid evolution of technology.
Del 45 - International Humanitarian Law Series
Bravery or Bravado? The Protection of News Providers in Armed Conflict
AvNina Burri
Inbunden, Engelska, 2015
3 921 kr
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During the last decade, the image of war correspondents in the news has shifted dramatically. Reports are no longer full of cheerleading stories of embedded journalists. Instead, stories of war reporters being attacked, kidnapped or injured prevail. Sadly, the former heroic witnesses to war have become victims of their own story. In this book, Nina Burri provides the first comprehensive analysis on how international law protects professional and citizen journalists, photographers, cameramen and their support staff during times of war. Using examples from recent armed conflicts in Iraq, Libya, Gaza and Syria, Burri explores the means, methods and risks of contemporary war coverage and examines the protection of news providers by international humanitarian law, international criminal law and human rights law.
Del 49 - International Humanitarian Law Series
Detention of Non-State Actors Engaged in Hostilities
The Future Law
AvGregory Rose,Bruce Oswald
Inbunden, Engelska, 2016
2 947 kr
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Detention of Non-State Actors engaged in Hostilities: The Future Law explores legal dilemmas facing detention management during military missions overseas. Armed forces increasingly find themselves facing non-international armed conflict with non-state actors, such as insurgents, terrorists or other civilians, whom they might be permitted to kill or capture in some circumstances. The book considers the legal powers of military forces to apprehend non-State actors and to hold them in ongoing detention or to transfer them to judicial authorities for prosecution. It deals with both theoretical approaches and practical case studies concerning management and treatment of detainees. It concludes by synthesizing the options and delivering a detailed set of guidelines that are proposed as emerging norms for the detention of non-state actors in an armed conflict.
Del 50 - International Humanitarian Law Series
Holding UNPOL to Account
Individual Criminal Accountability of United Nations Police Personnel
AvAi Kihara-Hunt
Inbunden, Engelska, 2017
2 417 kr
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Ai Kihara-Hunt’s Holding UNPOL to Account: Individual Criminal Accountability of United Nations Police Personnel analyzes whether the mechanisms that address criminal accountability of United Nations police personnel serving in peace operations are effective, and if there is a problem, how it can be mitigated. The volume reviews the obligations of States and the UN to investigate and prosecute criminal acts committed by UN police, and examines the jurisdictional and immunity issues involved. It concludes that these do not constitute legal barriers to accountability, although immunity poses some problems in practice. The principal problem appears to be the lack of political will to bring prosecutions, as well as a lack of transparency, which makes it difficult accurately to determine the scale of the problem.
Del 56 - International Humanitarian Law Series
Petulant and Contrary: Approaches by the Permanent Five Members of the UN Security Council to the Concept of 'threat to the peace' under Article 39 of the UN Charter
AvTamsin Phillipa Paige
Inbunden, Engelska, 2019
2 360 kr
Skickas inom 5-8 vardagar
Aside from self-defence, a UN Security Council authorisation under Chapter VII is the only exception to the prohibition on the use of force. Authorisation of the use of force requires the Security Council to first determine whether that situation constitutes a ‘threat to the peace’ under Article 39. The Charter has long been interpreted as placing few bounds around how the Security Council arrives at such determinations. As such commentators have argued that the phrase ‘threat to the peace’ is undefinable in nature and lacking in consistency. Through a critical discourse analysis of the justificatory discourse of the P5 surrounding individual decisions relating to ‘threat to the peace’ (found in the meeting transcripts), this book demonstrates that each P5 member has a consistent definition and understanding of what constitutes a ‘threat to the peace’.

International Humanitarian Law Series – serie

Listening to the Silences: Women and War

Dynamics of International Criminal Justice

International Law and Armed Conflict: Exploring the Faultlines

Protection of Personnel in Peace Operations

Legacy of Nuremberg: Civilising Influence or Institutionalised Vengeance?

Unlawful Attacks in Combat Situations

Violations of the Rules Applicable in Non-International Armed Conflicts and Their Possible Causes

Deadly Metal Rain: The Legality of Flechette Weapons in International Law

Law at War: The Law as it Was and the Law as it Should Be

International Legal Dimension of Terrorism

What Is War?

Regulating the Use of Force in Wars of National Liberation: The Need for a New Regime

Security: A Multidisciplinary Normative Approach

International Military Missions and International Law

United Nations Naval Peace Operations in the Territorial Sea

Contemporary Law of Targeting

Stopping Wars and Making Peace

Protecting Cultural Property in Armed Conflict

International Criminal Justice in bello?

Internal Implementation of Peace Agreements after Violent Intrastate Conflict

International Law and Sexual Violence in Armed Conflicts

Beyond Victor's Justice? The Tokyo War Crimes Trial Revisited

Sexual Exploitation and Abuse by UN Military Contingents

Old Bridge of Mostar and Increasing Respect for Cultural Property in Armed Conflict

Forcible Displacement Throughout the Ages

International Humanitarian Law and the Changing Technology of War

Bravery or Bravado? The Protection of News Providers in Armed Conflict

Detention of Non-State Actors Engaged in Hostilities

Holding UNPOL to Account

Petulant and Contrary: Approaches by the Permanent Five Members of the UN Security Council to the Concept of 'threat to the peace' under Article 39 of the UN Charter