In 2000, the UN Security Council adopted the ground-breaking Resolution 1325 on Women, Peace and Security (WPS) placing women at the centre of the agenda, thanks to years of campaigning. The Resolution recognises the differential impact of armed conflict on women and men, draws attention to the 'inextricable links between gender equality and international peace and security' and stresses the 'important role of women in the prevention and resolution of conflicts and in peace-building'. But what exactly is the WPS agenda and what is its content? What are its implications for peace and for security? And what does it mean for international lawyers? Through the narratives of women's activism and of international law this book seeks to make the WPS agenda better known to international lawyers and to ask whether it is, or could become, an international legal regime that conforms and responds to the realities of women's lives.

Non participation in armed conflict gives rise to the relevance, role and content of the law of neutrality in contemporary international law. Despite scholarly opinion to the contrary the challenges posed by collective security and the prohibition of the use of force have not made neutrality obsolete. The validity of the law of neutrality is reaffirmed in State practice, mainly in the form of national military manuals, and the case-law of international tribunals. The legal framework of neutrality remains unchanged with respect to most rules. At the same time, it has been adapted to the evolution of the law of the sea as a result of the 1982 UN Law of the Sea Convention, the globalization of trade and the use of cyberspace in armed conflict. This has been achieved mainly through soft law documents and national military manuals. Neutrality, however, remains inapplicable in non-international armed conflict.

The desire for humanity and the desire for security have co-existed as long as humans have been alive. As science has become increasingly sophisticated, so have the methods of self-defence by States. Nanotechnology is already changing warfare by increasing capabilities upon which armed forces are heavily reliant: more efficient energy storage, advanced photovoltaics, and improved military protective equipment to name a few of these developments. Some applications of nanomaterials by the military are both powerful and subtle, and have neurological and biological applications: 'devices that can infiltrate electronics and seize control at crucial moments, artificial "disease" agents that can rest harmlessly in victims' bodies until activated by an external signal'. The advance of the use or contemplation of use of these types of nanoscale applications by the military requires urgent analysis in light of existing international law, particularly in light of their potential effects on humans and on the environment.

This book examines the law relating to the possession, threat or use of nuclear weapons. By addressing in logical sequence the law regarding sovereignty, the threat or use of force, the conduct of nuclear hostilities, neutrality, weapons law and war crimes, the book illustrates the topics that an effective national command, control and communications system for nuclear weapons must address. Guidance is given on intractable issues, such as the responsibilities of remote submarine commanders. The continuing relevance of the ICJ's Nuclear Advisory Opinion is assessed, and the prospects for the Treaty on the Prohibition of Nuclear Weapons are discussed. The book has been written in an accessible style so that it will be equally useful to lawyers and practitioners, including relevant commanders, politicians, policy staffs and academics. The objective is to state the law accurately and to explain its implications and provide practical guidance in this most sensitive area. This book is also available as open access.

This innovative book examines radicalization from new psychological perspectives by examining the different typologies of radicalizing individuals, what makes individuals resilient against radicalization, and events that can trigger individuals to radicalize or to deradicalize. What is radicalization? Which psychological processes or events in a person's life play a role in radicalization? What determines whether a personal is resilient against radicalization, and is deradicalization something that we can achieve? This book goes beyond previous publications on this topic by identifying concrete key events in the process of radicalization, providing a useful theoretical framework that summarizes the current state-of-the-art research on radicalization and deradicalization. A model is presented in which a distinction is made between different levels of radicalization and deradicalization, with key underlying psychological needs discussed: the need for identity, justice, significance, and sensation. The authors also describe what makes people resilient against messages from "the outside world" when they belong to an extremist group and discuss observable events which may "trigger" a person to radicalize (further) or to deradicalize. Including real-world examples and clear guidelines for interventions aimed at prevention of radicalization and stimulation of deradicalization, this is essential reading for policy makers, researchers, practitioners, and students interested in this crucial societal issue.

One of the most troubling but least studied features of mass political violence is why violence often recurs in the same place over long periods of time. Douglas Kammen explores this pattern in Three Centuries of Conflict in East Timor, studying that region's tragic past, focusing on the small district of Maubara. Once a small but powerful kingdom embedded in long-distance networks of trade, over the course of three centuries the people of Maubara experienced benevolent but precarious Dutch suzerainty, Portuguese colonialism punctuated by multiple uprisings and destructive campaigns of pacification, Japanese military rule, and years of brutal Indonesian occupation. In 1999 Maubara was the site of particularly severe violence before and after the UN-sponsored referendum that finally led to the restoration of East Timor's independence. Beginning with the mystery of paired murders during East Timor's failed decolonization in 1975 and the final flurry of state-sponsored violence in 1999, Kammen combines an archival trail and rich oral interviews to reconstruct the history of the leading families of Maubara from 1712 until 2012. Kammen illuminates how recurrent episodes of mass violence shaped alliances and enmities within Maubara as well as with supra-local actors, and how those legacies have influenced efforts to address human rights violations, post-conflict reconstruction, and the relationship between local experience and the identification with the East Timorese nation. The questions posed in Three Centuries of Conflict in East Timor about recurring violence and local narratives apply to many other places besides East Timor-from the Caucasus to central Africa, and from the Balkans to China - dash;where mass violence keeps recurring.

In all but the rarest circumstances, the world's deadly conflicts are ended not through outright victory, but through a series of negotiations. Not all of these negotiations, however, yield a durable peace. To successfully mitigate conflict drivers, the parties in conflict must address a number of puzzles, such as whether and how to share and/or re-establish a state's monopoly of force, reallocate the ownership and management of natural resources, modify the state structure, or provide for a path toward external self-determination. Successfully resolving these puzzles requires the parties to navigate a number of conundrums and make choices and design mechanisms that are appropriate to the particular context of the conflict, and which are most likely to lead to a durable peace. Lawyering Peace aims to help future negotiators build better and more durable peace agreements through a rigorous examination of how other parties have resolved these puzzles and associated conundrums.

In all but the rarest circumstances, the world's deadly conflicts are ended not through outright victory, but through a series of negotiations. Not all of these negotiations, however, yield a durable peace. To successfully mitigate conflict drivers, the parties in conflict must address a number of puzzles, such as whether and how to share and/or re-establish a state's monopoly of force, reallocate the ownership and management of natural resources, modify the state structure, or provide for a path toward external self-determination. Successfully resolving these puzzles requires the parties to navigate a number of conundrums and make choices and design mechanisms that are appropriate to the particular context of the conflict, and which are most likely to lead to a durable peace. Lawyering Peace aims to help future negotiators build better and more durable peace agreements through a rigorous examination of how other parties have resolved these puzzles and associated conundrums.

The connection between ecology and conflict has been the object of extensive study by political scientists and economists. From the contribution of natural resource 'scarcity' to violent unrest and armed conflict; to resource 'abundance' as an incentive for initiating and prolonging armed struggles; to dysfunctional resource management and environmental degradation as obstacles to peacebuilding, this literature has exerted a huge influence upon academic discussions and policy developments. While international law is often invoked as the solution to the socio-environmental challenges faced by conflict-affected countries, its relationship with the ecology of war and peace remains undertheorised. Drawing upon environmental justice perspectives and other theoretical traditions, the book unpacks and problematizes some of the assumptions that underlie the legal field. Through an analysis of the practice of international courts, the UN Security Council, and Truth Commissions, it shows how international law silences and even normalizes forms of structural and slow environmental violence.

Although today's richest countries tend to have long histories of secure private property rights, legal-titling projects do little to improve the economic and political well-being of those in the developing world. This book employs a historical narrative based on secondary literature, fieldwork across thirty villages, and a nationally representative survey to explore how private property institutions develop, how they are maintained, and their relationship to the state and state-building within the context of Afghanistan. In this predominantly rural society, citizens cannot rely on the state to enforce their claims to ownership. Instead, they rely on community-based land registration, which has a long and stable history and is often more effective at protecting private property rights than state registration. In addition to contributing significantly to the literature on Afghanistan, this book makes a valuable contribution to the literature on property rights and state governance from the new institutional economics perspective.

Gender is widely recognized as an important and useful lens for the study of International Relations. However, there are few books that specifically investigate masculinity/ies in relation to world politics. Taking a feminist-inspired understanding of gender as its starting point, the book: * explains that gender is both an asymmetrical binary and a hierarchy; * shows how masculinization works via 'nested hierarchies' of domination and subordination; * explores the imbrication of masculinities with the nation-state and great-power politics; * develops an understanding of the arms trade with commercial processes of militarization. Written in an accessible style, with suggestions for further reading, this book is an invaluable resource for students and teachers applying 'the gender lens' to global politics.

Hitherto 'less-lethal' weapons, in contrast to classical firearms and other highly destructive weapons, have literally slipped under the radar of public international law. This book is the first monograph addressing and analysing all international legal regimes applicable to less-lethal weapons, ranging from arms control treaties, international humanitarian, criminal and human rights law. In doing so the different scenarios in which less-lethal weapons come to use will be taken into account, such as law enforcement, armed conflict and law enforcement scenarios during armed conflict. The relationships between the different legal regimes will be elaborated thoroughly with a view to examining how international law responds to less-lethal weapons. The final chapter provides guidelines as well as recommendations on appropriate use and regulation of less-lethal weapons, where the different scenarios of application, such as in armed conflict and law enforcement, will be given due account.

This volume explores new perspectives on contemporary forms of violence in South Asia. Drawing on extensive fieldwork and case studies, it examines the infiltration of violence at the societal level and affords a comparative regional analysis of its historical, cultural and geopolitical origins in South Asia. Featuring essays from Sri Lanka to Nepal, and from Afghanistan to Burma, it sheds light on issues as wide-ranging as lynching and mob justice, hate speech, caste violence, gender-based violence and the plight of the Rohingyas, among others. Lucid and engaging, this book will be an invaluable source of reference as well as scholarship to students and researchers of postcolonial studies, anthropology, sociology, cultural geography, minority studies, politics and gender studies.

Economic activity continues during war. But what rules apply when US troops occupy Syrian oil fields? Who is responsible when multinational companies use minerals extracted by child labourers in war zones? This book examines how international law regulates the war economies that are at the heart of strategic competition between great powers and help sustain the irregular warfare in today's war zones. Drawing on advances in our understanding of the social and economic dynamics in war zones, this book identifies predation, a combination of violence and economic opportunity, as the core pathology of war economies. The author presents a framework for understanding the regulation of war economies based on the history of international law and existing norms of international humanitarian law, international criminal law, international human rights law and the law of international peace and security. War Economies and International Law concludes that the pathologies of predation in war demand answers based on an international regulatory strategy.

The expectation of reciprocity continues to be an important factor when states' consider their legal obligations in armed conflicts. In this monograph, Peeler looks at the text and negotiations around the 1949 Geneva Conventions and the Protocols Additional to the Geneva Conventions from 1977 to demonstrate the many places where international humanitarian law maintains expectations of reciprocity. This complements an examination of US policy regarding its Prisoner of War obligations in both the Vietnam War and the Global War on Terror, demonstrating how states make use of the expectation of reciprocity found in international humanitarian law to respond to continued non-compliance by an enemy.

The idea of military necessity lies at the centre of the law of armed conflict and yet it is less than fully understood. This book analyses which legal limits govern the commander's assessment of military necessity, and argues that military necessity itself is not a limitation. Military necessity calls for a highly discretionary exercise: the assessment. Yet, there is little guidance as to how this discretionary process should be exercised, apart from the notions of 'a reasonable military commander'. A reasonable assessment of 'excessive' civilian losses are presumed to be almost intuitive. Objective standards for determining excessive civilian losses are difficult to identify, particularly when that 'excessiveness' will be understood in relative terms. The perpetual question arises: are civilian losses acceptable if the war can be won? The result is a heavy burden of assessment placed on the shoulders of the military commander.

In the past two decades, peace negotiators around the world have increasingly accepted that granting amnesties for human rights violations is no longer an acceptable bargaining tool or incentive, even when the signing of a peace agreement is at stake. While many states that previously saw sweeping amnesties as integral to their peace processes now avoid amnesties for human rights violations, this anti-amnesty turn has been conspicuously absent in Asia. In Negotiating Peace: Amnesties, Justice and Human Rights Renee Jeffery examines why peace negotiators in Asia have resisted global anti-impunity measures more fervently and successfully than their counterparts around the world. Drawing on a new global dataset of 146 peace agreements (1980-2015) and with in-depth analysis of four key cases - Timor-Leste, Aceh Indonesia, Nepal and the Philippines - Jeffery uncovers the legal, political, economic and cultural reasons for the persistent popularity of amnesties in Asian peace processes.

This book discusses the evolving principle of transitional justice in public international law and international relations from the female perspective at a time when the concept is increasingly recognised by the international community as an effective framework in which to negotiate and manage a community's post-conflict transition to peace and stability. The book adopts a gender lens with a particular focus on women's direct experiences and perceptions either as intended beneficiaries of transitional justice (TJ), protagonists in that process or as practitioners, in order to present a unique view in relation to the development of TJ. The range of experiences and knowledge in this collection provides a fresh and unique perspective through its blend of theory and practice. This book will be of particular interest to students and scholars of law, political science and gender studies.

International Law and Peace Settlements provides a systematic and comprehensive assessment of the relationship between international law and peace settlement practice across core settlement issues, e.g. transitional justice, human rights, refugees, self-determination, power-sharing, and wealth-sharing. The contributions address key cross-cutting questions on the legal status of peace agreements, the potential for developing international law, and the role of key actors - such as non-state armed groups, third-state witnesses and guarantors, and the UN Security Council - in the legalisation and internationalisation of settlement commitments. In recent years, significant scholarly work has examined facets of the relationship between international law and peace settlements, through concepts such as jus post bellum and lex pacificatoria. International Law and Peace Settlements drives forward the debate on the legalisation and internationalisation of peace agreements with diverse contributions from leading academics and practitioners in international law and conflict resolution.

Seven years after the Arab uprisings, the social situation has deteriorated across the Middle East and North Africa. Political, economic and personal insecurities have expanded while income from oil declined and tourist revenues have collapsed due to political instability. Against a backdrop of escalating armed conflicts and disintegrating state structures, many have been forced from their homes, creating millions of internally displaced persons and refugees. Young people are often the ones hit hardest by the turmoil. How do they cope with these ongoing uncertainties, and what drives them to pursue their own dreams in spite of these hardships? In this landmark volume, an international interdisciplinary team of researchers assess a survey of 9,000 sixteen- to thirty-year-olds from Bahrain, Egypt, Jordan, Lebanon, Morocco, Palestine, Syria, Tunisia and Yemen, resulting in the most comprehensive, in-depth study of young people in the MENA region to date. Given how rapidly events have moved in the Middle East and North Africa, the findings are in many regards unexpected.

Foreign investors often sustain injuries during violent situations, such as riots, revolutions, civil wars, and international armed conflicts. There is a great deal of uncertainty about how effective investment treaty protections are in volatile times, how they relate to other applicable legal frameworks, and how they affect the state security policy and the post-conflict transition to peace. This book explores how foreign investment is protected in times of armed conflict under the investment treaty regime. It does so by combining insights from different areas of international law, including international investment law, international humanitarian law, international human rights law, the law of state responsibility, and the law of treaties. While the protections have evolved over time, with the investment treaty regime providing the strongest legal framework for protecting investors yet, there has been an apparent shift in treaty practice towards safeguarding a state's security interests. Jure Zrilic identifies and analyses the flaws in the existent normative framework, but also highlights the potential that investment treaties have for minimising the devastating effects of armed conflict. The book offers an analytical framework for assessing the investment treaty regime in times of armed conflict, distinguishing between different paradigms and different types of conflicts. Crucially, he argues that a new approach is needed to appropriately balance the competing interests of host states and investors when it comes to investment protection in armed conflicts.

Are victims of armed conflict entitled to reparation, which legal rules govern the question, and how can reparation be implemented? These key questions of transitional justice are examined by three scholars whose professional, theoretical, and methodological backgrounds and outlooks differ greatly. They discuss how regional human rights case law, international criminal law, the practice of ad hoc international bodies, and domestic practice give rise to a right to reparation. This right emerges out of the interplay between international and domestic law. The problems of mass claims, fragile statehood, and the high risk of marginalisation of particular groups of victims are addressed. The analysis is alert to the current backlash against international legal institutions, and to the practical constraints in making post-conflict law work. The multiperspectivism of the trialogical setting exposes the divergence and complementarity of the authors' approaches and leads to a richer understanding of the law of reparation.

The rule of law is indispensable for sustained peace, good governance, and economic growth, especially in countries recovering from civil war. Yet despite its importance, we know surprisingly little about how to restore the rule of law in the wake of conflict. In this book, Robert A. Blair proposes a new theory to explain how the international community can help establish the rule of law in the world's weakest and most war-torn states, focusing on the crucial but often underappreciated role of the United Nations. Blair tests the theory by drawing on original household surveys in Liberia, highly disaggregated data on UN personnel and activities across Africa, and hundreds of interviews with UN officials, local leaders, citizens, and government and civil society representatives. The book demonstrates that UN intervention can have a deeper, more lasting, and more positive effect on the rule of law than skeptics typically believe.

Has European integration helped to build peace in Europe and its neighbourhood? The book addresses this question through theoretically and empirically informed case studies that explore the successes of, and the challenges to EU cross-border cooperation as a tool for conflict transformation. Conceptually, the contributors link the question of transforming conflict to changing understandings of borders and bordering. Empirically, the contributions represent case studies of practices and discourses of EU-sponsored cross-border cooperation, and challenges to it. The case studies encompass the multiple geographical perspectives of the EU internal boundaries, its (sometimes disputed) external borders, and borders involving third countries. From a thematic point of view, the collection focuses on the intersection of two levels at which bordering processes unfold and are enacted: the level of governance, devolution and international intervention and that of grass roots or civil society efforts, including cultural cooperation and artistic production. The collection thus offers a kaleidoscopic view of border politics and conflict that zooms in and out of the EU frontiers and their geopolitics of peacebuilding, security and cooperation. The chapters in this book were originally published as a special issue of the journal Geopolitics.

This Element seeks to make sense of Southeast Asia's numerous armed conflicts. It makes four contributions. First, this study provides a typology, distinguishing between revolutionary, secessionist, and communal conflicts. The first two are types of insurgencies, while the latter are ethnic conflicts. Second, this study emphasizes the importance of ethnicity in shaping conflict dynamics. This is true even for revolutionary conflicts, which at first glance may appear unrelated to ethnicity. A third contribution relates to broad conflict trends. Revolutionary and secessionist conflicts feature broad historical arcs, with clear peaks and declines, while communal conflicts occur more sporadically. The fourth contribution ties these points together by focusing on conflict management. Just as ethnicity shapes conflicts, ethnic leaders and traditions can also promote peace. Cultural mechanisms are especially important for managing communal conflicts, the lone type not declining in Southeast Asia.