International Humanitarian Law Series – serie
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34 produkter
34 produkter
Del 8 - International Humanitarian Law Series
Listening to the Silences: Women and War
Inbunden, Engelska, 2005
2 111 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
Inbunden, Engelska, 2005
2 576 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
Inbunden, Engelska, 2007
3 641 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
Inbunden, Engelska, 2007
2 668 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?
Inbunden, Engelska, 2007
3 312 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
Inbunden, Engelska, 2008
2 315 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 22 - International Humanitarian Law Series
Law at War: The Law as it Was and the Law as it Should Be
Liber Amicorum Ove Bring
Inbunden, Engelska, 2008
2 938 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
Inbunden, Engelska, 2008
3 748 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
Inbunden, Engelska, 2012
4 159 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 26 - International Humanitarian Law Series
Security: A Multidisciplinary Normative Approach
Inbunden, Engelska, 2009
2 235 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
Inbunden, Engelska, 2011
2 727 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
Inbunden, Engelska, 2009
1 907 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 27 - International Humanitarian Law Series
Stopping Wars and Making Peace
Studies in International Intervention
Inbunden, Engelska, 2009
3 288 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
Inbunden, Engelska, 2010
1 816 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
Inbunden, Engelska, 2011
2 167 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
Inbunden, Engelska, 2011
3 736 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 41 - International Humanitarian Law Series
International Humanitarian Law and the Changing Technology of War
Inbunden, Engelska, 2013
3 748 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
Inbunden, Engelska, 2015
3 788 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
Inbunden, Engelska, 2016
2 848 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
Inbunden, Engelska, 2017
2 360 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
Inbunden, Engelska, 2019
2 281 kr
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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’.
Del 57 - International Humanitarian Law Series
NATO Rules of Engagement
On ROE, Self-Defence and the Use of Force during Armed Conflict
Inbunden, Engelska, 2019
2 950 kr
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In NATO Rules of Engagement, Camilla Guldahl Cooper offers clarity on a topic prone to confusion and misunderstanding. NATO rules of engagement (ROE) are of considerable political, strategic and operational importance, yet many of its concepts lack clarity. The resulting ambiguity may be detrimental for people involved and for mission accomplishment.Through a thorough analysis of the concept, purpose, development and use of NATO ROE, Cooper contributes to improved understanding and implementation of NATO ROE. The book covers all use of force categories and relevant law relating to the use of force during armed conflicts, including the complex concepts of hostile act and hostile intent, direct participation in hostilities, and the increasing reliance on self-defence during armed conflict.
Del 62 - International Humanitarian Law Series
Juridification of Warfare and Limits of Accountability
An Ethnomethodological Investigation into the Production and Assessment of Legal Targeting
Inbunden, Engelska, 2022
1 929 kr
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The book provides an empirical account of the laws that regulate today’s scenes of armed conflict by looking into the details of one particular military incident and its ex-post legal accounting. Empirically, the book focuses on a highly controversial airstrike in Afghanistan (2009), in which large numbers of civilians were identified as combatants and killed as such. The incident lends itself to reflect upon the relation between the violation of procedural rules and the violation of the international laws of armed conflict. The ethnomethodological Law-in-Action research investigates the practical details of legal accountability and explores how the event shaped and specified the legally required protection of civilians in armed conflict. Exploring the collaborative and systematic work that goes into the ‘application of law’ at the military and the judiciary site, the study develops an empirical respecification of the concept of ‘juridification of warfare’.
Del 64 - International Humanitarian Law Series
Laws of Yesterday’s Wars 2
From Ancient India to East Africa
Inbunden, Engelska, 2022
2 326 kr
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How international is international humanitarian law? The Laws of Yesterday's Wars 2: From Ancient India to East Africa, together with its companion volume, The Laws of Yesterday’s Wars: From Indigenous Australians to the American Civil War (Brill-Nijhoff, 2021), attempts to answer that question. It offers a culture-by-culture account of various unique restrictions placed on warfare over time. Containing essays by a range of laws of war academics and practitioners, it approaches the laws of yesterday’s wars from a wide cross-section of history and culture, seeking to find any common ground and to demonstrate a history of international law outside the usual confines of its ‘development’ by Europeans and its later ‘contributions.’ This volume includes studies on Japanese, Islamic and Eastern Native American rules of war.
Del 67 - International Humanitarian Law Series
Laws of Yesterday’s Wars 3
From the Highlands of Papua New Guinea to the Island of Malta
Inbunden, Engelska, 2024
2 065 kr
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How international is international humanitarian law? The Laws of Yesterday's Wars 3: From Highland New Guinea to the Island of Malta, together with its companion volumes, The Laws of Yesterday’s Wars: From Indigenous Australians to the American Civil War (Brill-Nijhoff, 2021) and The Laws of Yesterday's Wars 2: From Ancient India to East Africa (Brill-Nijhoff, 2022), attempts to answer that question. It offers a culture-by-culture account of various unique restrictions placed on warfare over time. Containing essays by a range of laws of war academics and practitioners, it approaches the laws of yesterday’s wars from a wide cross-section of history and culture, seeking to find any common ground and to demonstrate a history of international law outside the usual confines of its ‘development’ by Europeans and its later ‘contributions.’ This volume includes studies on Mongol, Iban and Ottoman rules of war.
Del 70 - International Humanitarian Law Series
Pax Britannica: Tracing Customary War Crimes in the Age of Empire
Inbunden, Engelska, 2025
2 578 kr
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The 'original sin' of the laws of war - its exclusion of non-Europeans from its protection - shapes discussions around criminal liability for conduct during colonial expansion. This monograph disproves this position however, utilising State practice across various colonial frontiers that fell to Pax Britannica. In doing so, the groundbreaking research highlights eight clear customary colonial wars that applied to 'the other' across the Empire on Which the Sun Never Set.
Del 68 - International Humanitarian Law Series
Authority of the International Committee of the Red Cross
Determining What International Humanitarian Law Is
Inbunden, Engelska, 2024
2 848 kr
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This book conducts the first ever comprehensive study of the ICRC’s interpretations and law-ascertainments. It analyses in detail their impact on the development of international humanitarian law and international law in general as well as the reasons for their impact. This analysis involves the discussion of the ICRC’s authority. Is it legal or just factual authority? The analysis also illuminates the direction that IHL – and international law in general – develops. This insight sheds light on the question of the current type of international law, i.e., what international law is and who makes it.
Del 69 - International Humanitarian Law Series
Arbitrary Withholding of Consent to Humanitarian Relief in Non-international Armed Conflict
Legal Regulations and Consequences
Inbunden, Engelska, 2024
2 576 kr
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How to legally assess the situation when humanitarian actors in non-international armed conflicts are arbitrarily denied access to the affected civilian population? The book answers this question from the perspective of the five main actors involved in humanitarian relief in non-international armed conflicts: the affected State, non-State armed groups, humanitarian actors, non-belligerent States and the affected civilian population. It examines the legal regulations and consequences for each of these actors. In doing so, the book not only draws attention to existing legal gaps and challenges, but also encourages readers to rethink outdated legal concepts and discuss new approaches.The open access publication of this book has been published with the support of the Swiss National Science Foundation.
Del 74 - International Humanitarian Law Series
Using Systemic Integration to Interpret War Crimes at the International Criminal Court
From Vienna to Rome to Timbuktu
Inbunden, Engelska, 2025
2 715 kr
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Fragmentation and methodological inconsistency are already evident in the jurisprudence of the International Criminal Court (ICC). Part of the solution is to use the principle of systemic integration to interpret crimes consistently with customary international law. This book provides novel data on the ICC’s compliance with the Vienna Convention on the Law of Treaties, focusing on how the failure to interpret war crimes consistently with custom leads to unnecessary fragmentation and misses important opportunities to clarify and develop the law. It offers a detailed case study on the war crime of denying a fair trial, tracing its interpretive foundations from the Vienna Convention to the Rome Statute to the administration of justice by rebel groups in Timbuktu.
Del 73 - International Humanitarian Law Series
Evolution of Humanitarian-Intervention in International Law
From the Ottoman Empire to the Russia-Ukraine War
Inbunden, Engelska, 2024
2 341 kr
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This book assesses whether humanitarian-intervention exists under customary international law. The main question being whether there is a right to humanitarian-intervention, and if so, according to what criteria, using historical analysis to determine its existence. By combining historical and legal methods running from the nineteenth century Ottoman Empire through to the contemporary Russia-Ukraine War, this book determines that such a right has been extinguished under international law.