This book provides the first scholarly investigation of prosecutorial discretion in the International Criminal Court (ICC) from an interdisciplinary perspective. This work analyses the discretionary power of the ICC prosecutor and its scope. It explains that there is a tendency to overlook the necessity of distinguishing between the various usages of discretion when exercised as a power authorised by the law and effect when applying indeterminate legal thresholds. The author argues that the latter indeterminacy may give decision makers an unwarranted opportunity to exercise a wide range of discretion, where extra-legal factors may be considered. In comparison, prosecutorial discretion allows decision makers to consider extra-legal considerations. This book also discusses the relevance of political considerations within the decision-making process in the context of the exercise of prosecutorial discretion. It suggests that there need not be a conflict between the broad sense of justice as outlined in the Statute and political factors in giving effect to decisions. This book will be of interest to students of international law, global governance and international relations.

Human rights is an interdisciplinary subject as well as a foundational aspect of the law. The importance of human rights at the intersection of business and society is central, yet under-analyzed. This book provides an accessible understanding of what human rights are, how business enterprises may impact human rights for better or for worse, and how such impacts can or should be managed. Human Rights: A Key Idea for Business and Society equips readers interested in the relationship between business and society with the foundational knowledge for engaging in debates and operational tasks related to the roles and responsibilities of business with regard to human rights. It covers human rights aspects relevant to common management tasks, including supply chain management, human resource management, risk management, non-financial reporting, finance, and stakeholder engagement. It covers opportunities and challenges related to the Sustainable Development Goals (SDGs) and climate change mitigation. The book explains the foundations for human rights, social expectations, and legal requirements on businesses to respect human rights and how business enterprises should identify and manage their human rights impacts. A concise introduction to a complex topic, this book is perfect reading for students of corporate social responsibility, business ethics, and international business, as well as an illuminating guide for researchers, managers, civil society organizations, government officials, and reflective practitioners.

Human rights is an interdisciplinary subject as well as a foundational aspect of the law. The importance of human rights at the intersection of business and society is central, yet under-analyzed. This book provides an accessible understanding of what human rights are, how business enterprises may impact human rights for better or for worse, and how such impacts can or should be managed. Human Rights: A Key Idea for Business and Society equips readers interested in the relationship between business and society with the foundational knowledge for engaging in debates and operational tasks related to the roles and responsibilities of business with regard to human rights. It covers human rights aspects relevant to common management tasks, including supply chain management, human resource management, risk management, non-financial reporting, finance, and stakeholder engagement. It covers opportunities and challenges related to the Sustainable Development Goals (SDGs) and climate change mitigation. The book explains the foundations for human rights, social expectations, and legal requirements on businesses to respect human rights and how business enterprises should identify and manage their human rights impacts. A concise introduction to a complex topic, this book is perfect reading for students of corporate social responsibility, business ethics, and international business, as well as an illuminating guide for researchers, managers, civil society organizations, government officials, and reflective practitioners.

Human security provides one of the most important protections; a person-centred axis of freedom from fear, from want and to live with dignity. It is surprising given its centrality to the human experience, that its connection with human rights has not yet been explored in a truly systematic way. This important new book addresses that gap in the literature by analysing whether human security might provide the tools for an expansive and integrated interpretation of international human rights. The examination takes a two-part approach. Firstly, it evaluates convergences between human security and all human rights - civil, political, economic, social and cultural - and constructs an investigative framework focused on the human security-human rights synergy. It then goes on to explore its practical application in the thematic cores of violence against women and undocumented migrants in the law and case-law of UN, European, Inter-American and African human rights bodies. It takes both a legal and interdisciplinary approach, recognising that human security and its relationship with human rights cuts across disciplinary boundaries. Innovative and rigorous, this is an important contribution to human rights scholarship.

This volume examines to what extent the positive atmosphere created by the Helsinki Accords contributed to the change in political circumstances seen in the countries of Central Europe, under Soviet domination. It focuses in particular on - firstly - a consequent new impetus to bolster human rights in international politics, as Western democracies - especially the US - integrated human rights concerns into its foreign policy relations with Soviet Bloc countries and - secondly - how this Western embrace of human rights seemed to create new incentives for increased dissident activity in Central and Eastern Europe and from 1976 onward. Finally, the book reminds us of the significant role of the Helsinki Accords in developing democratic practices in Eastern European societies under Soviet domination in 1975-1989 and in creating the conditions for the peaceful transition to democratic government in the years that followed. This book will be of key interest to scholars and students of the history of communism, post-Soviet, Russian, and central and East European politics, the history of human rights, and democratization.

This book examines Egypt's turbulent and contradictory political period (2011-2015) as key to understanding contemporary politics in the country and the developments in the Arab region after the mass protests in 2010/11, more broadly. In doing so, it breaks new ground in the study of political representation, providing analytical innovation to the study of disenchantment with politics, democracy fatigue and social cohesion. Based on five years of intense fieldwork, the author provides rare insights into local and national ideas on politics, justice and identity, and on how people situate themselves and Egypt in the regional and global context. It analyzes how the creation of an alternate, political system was discussed and negotiated among the Egyptian population, the military, the government, public figures, the media, and international actors, and yet nevertheless today, Egypt has a new political regime that is the most repressive in the countries' modern history. Finally, it recalls the emotions and perceptions of individuals and collectives and interlinks these local perspectives to national events and developments through time. This book will be of key interest to scholars and students of democratization and authoritarianism, Middle East Studies, political representation and informality, collective action, and more broadly to cultural studies and international relations.

This volume demonstrates that migration- and diversity-related concepts are always contested, and provides a reflexive critical awareness and better comprehension of the complex questions driving migration studies. The main purpose of this volume is to enhance conceptual thinking on migration studies. Examining interaction between concepts in the public domain, the academic disciplines, and the policy field, this book helps to avoid simplification or even trivialization of complex issues. Recent political events question established ways of looking at issues of migration and diversity and require a clarification or reinvention of political concepts to match the changing world. Applying five basic dimensions, each expert chapter contribution reflects on the role concepts play and demonstrates that concepts are ideology dependent, policy/politics dependent, context dependent, discipline dependent, and language dependent, and are influenced by how research is done, how policies are formulated, and how political debates extend and distort them. This book will be essential reading for students, scholars, and practitioners in migration studies/politics, migrant integration, citizenship studies, racism studies, and more broadly of key interest to sociology, political science, and political theory.

This volume demonstrates that migration- and diversity-related concepts are always contested, and provides a reflexive critical awareness and better comprehension of the complex questions driving migration studies. The main purpose of this volume is to enhance conceptual thinking on migration studies. Examining interaction between concepts in the public domain, the academic disciplines, and the policy field, this book helps to avoid simplification or even trivialization of complex issues. Recent political events question established ways of looking at issues of migration and diversity and require a clarification or reinvention of political concepts to match the changing world. Applying five basic dimensions, each expert chapter contribution reflects on the role concepts play and demonstrates that concepts are ideology dependent, policy/politics dependent, context dependent, discipline dependent, and language dependent, and are influenced by how research is done, how policies are formulated, and how political debates extend and distort them. This book will be essential reading for students, scholars, and practitioners in migration studies/politics, migrant integration, citizenship studies, racism studies, and more broadly of key interest to sociology, political science, and political theory.

This book looks at how the ideas of freedom, property, and order are expressed in modern social contract theories (SCTs). Drawing on the theories of Hobbes, Locke, Rousseau, and Rawls, it studies how notions of freedom promulgated by these SCTs invariably legitimise and defend the private ownership of the means of production. It argues that capitalism's impact on individual dependence and economic inequality still stems from this model, ultimately working in favour of proprietors. The author highlights the problematic nature of SCTs, which work as ideological mechanisms put forward under the guise of formal equality and formal freedom, by focusing on the historical and social context behind them. From a methodological point of view, the author presents a de-ideologization of the contractarian issue and provides insight into the political 'layers' within the discourse of individualism, human nature and morality shaping the outer corners of contractarian theory. An important intervention in the study of SCTs, this volume will be of great interest to scholars and researchers of political and social theory, sociology, political history, and political philosophy.

This edited volume examines the extent to which the various authorities and actors currently performing border management and expulsion-related tasks are subject to accountability mechanisms capable of delivering effective remedies and justice for abuses suffered by migrants and asylum seekers. Member states of the European Union and State Parties to the Council of Europe are under the obligation to establish complaint mechanisms allowing immigrants and/or asylum seekers to seek effective remedies in cases where their rights are violated. This book sheds light on the complaint bodies and procedures existing and available in Austria, Greece, Hungary, Italy, Spain, Poland, and Romania. It assesses their role in overseeing, investigating, and redressing cases of human rights violations deriving from violent border and immigration management practices, and expedited expulsion procedures. This book therefore provides an assessment of the practical, legal, and procedural challenges that affect the possibility to lodge complaints and access remedies for human rights violations suffered at the hands of the law enforcement authorities and other security actors operating at land, air, and sea borders, or participating in expulsions procedures - in particular, joint return flights. The volume will be of key interest to students, scholars, and practitioners working on human rights, migration and borders, international law, European law and security studies, EU politics, and more broadly, international relations.

Human Rights in ASEAN: Indonesian and International Perspectives is a collection of 13 essays that not only offers fresh new insights on the different facets of human rights and their protection in ASEAN, but also 'insider' accounts of the development of the ASEAN Inter-Governmental Commission for Human Rights. These valuable perspectives have never been shared publicly, and offer a view from both the state and non-governmental organisations' (NGO) perspectives. In addition to these valuable perspectives, this book offers a number of significant case studies of how human rights has been implemented, and the challenges it faces in ASEAN in general, and in Indonesia particularly.

This textbook examines a wide range of humanitarian action issues in five parts, presented by specialists from different academic fields. The respective parts reflect the five core modules of the International NOHA Joint Master's Programme "International Humanitarian Action": a) World Politics, b) International Law, c) Public Health, d) Anthropology, and e) Management. The book serves as a common basis for teaching at all NOHA universities and aims at imparting the basic knowledge and skills needed to excel in a complex interdisciplinary and international learning context. It provides in-depth information on key international humanitarian principles and values, professional codes of conduct, and the commitment to their implementation in practice. The book will thus be useful for all students of the NOHA Joint Master's Programme and participants of any courses with a similar content, but also for academics and practitioners affiliated with entities such as international organisations and NGOs. It may also serve as an introduction to anyone with an interest in understanding the numerous and inter-linked facets of humanitarian action.

This volume explores the digitization, privatization, and spatial displacement of border security and the effects these have on political accountability and migrant rights. The governance of security and migration is unfolding in new political spaces. Cooperation and competition among immigration officials, border guards, transnational security corporations, IT companies, local police, and international organizations has decoupled migration governance from national political structures. The chapters in the volume examine how these dynamics affect the deployment and constraint of sovereign power in the United States, Canada, the United Kingdom, and the EU. Contributors trace this process from the disciplinary perspectives of law, political science, sociology, criminology, and geography. Part I of the book explores the reconfiguration of security and migration governance through historical processes of privatization, digitization, and the rescaling of border control technologies to local and global spaces. Part II explores how migrant rights actors have responded by rescaling resistance to global and local levels. This book will be of much interest to students of critical security studies, global governance, migration studies, and international relations.

This book identifies the definition of a child within the law, the rights of children, and discusses the extent to which primarily English law gives adequate recognition to and protection of these rights. To what extent does English law gives adequate recognition to and protection of the rights of children? Historically the idea of and protection of rights has focused on parental rights rather than the rights of the child. The rights of children have remained far less recognised and certain until recently. Using case studies from the United Kingdom and beyond, this book takes a thematic approach to children's rights and considers topics including: underlying concepts such as the welfare of the child and safeguarding, the right to education and to medical treatment, the right to freedom from abuse and/or sexual and commercial exploitation, including contemporary challenges from forced marriage, FGM, modern slavery and trafficking, the role of the State in relation to children in need of care and protection, children's rights in the criminal justice system, the right to contract and employment. In addition, the book provides an introduction to key aspects of domestic and international law, including the Children Act 1989, the UN Convention on the Rights of the Child, the European Convention on Human Rights and the Human Rights Act 1998. The book will be of great interest to law and social science students in the areas of Child Development and Protection, Human Rights Law, Family Law, Child Law, and Child Studies, as well as to social workers, police officers, magistrates, probation officers and other related professions.

This book addresses the issue of agency in relation to child marriage. In international campaigns against child marriage, there is a puzzle of agency: While international human rights institutions celebrate girls' exercise of their agency not to marry, they do not recognize their agency to marry. Child marriage, usually defined as 'any formal marriage or informal union where one or both of the parties are under 18 years of age', is normally considered as forced - which is to say that it is assumed that are not capable of consenting to marriage. This book, however, re-examines this assumption, through a detailed socio-legal examination of child marriage in Indonesia. Eliciting the multiple competing frameworks according to which child marriage takes place, the book considers the complex reasons why children marry. Structural explanations such as lack of opportunities and oppressive social structures are important, but not exhaustive, explanations. Exploring the subjective reasons by listening to children's perspectives, their stories show that many of them decide to marry for love, desire, to belong to the community, and for new opportunities and hopes. The book, then, demonstrates how the child marriage framework - and, indeed, the human rights framework in general - is constructed on too narrow a vision of human agency: One that cannot but fail to respect and promote the agency of all, regardless of gender, race, religion, and age. This book will be of interest to scholars, students, and practitioners in the areas of children's rights, legal anthropology, and socio-legal studies.

Why is solitary confinement used in today's world? Does it help the rehabilitation of offenders? And how is policy affected by justification for the use of it? This book is the first to consider the history of solitary confinement and how it is experienced by the individuals undergoing it. Using Merleau-Ponty's concept of embodied subjectivity, it provides first-hand accounts of the inhumane experience of solitary confinement to provide a better appreciation of the relationship between penal strategy and its effect on human beings. Drawing on his own experiences as a Psychological Specialist in the Pennsylvania Department of Corrections and on those interviewed as part of the Guardian 6x9 project (http://www.theguardian.com/world/ng-interactive/2016/apr/27/6x9-a-virtual-experience-of-solitary-confinement), the author focuses on the phenomenology of solitary confinement to consider what the intentional aspect of this almost uninhabitable type of confinement says about a democratic society that continues to justify its use as a correctional strategy. Aiming to influence policy, the book fills the gap between the practice of solitary confinement and its implications, as well as the social attitudes that uncritically condone its use.

This second edition of Ethnic Conflict in World Politics is an introduction to a new era in which civil society, states, and international actors attempt to channel ethnic challenges to world order and security into conventional politics. From Africa's post-colonial rebellions in the 1960s and 1970s to anti-immigrant violence in the 1990s the authors survey the historical, geographic, and cultural diversity of ethnopolitical conflict. Using an analytical model to elucidate four well-chosen case studies--the Kurds, the Miskitos, the Chinese in Malaysia, and the Turks in Germany--the authors give students tools for analyzing emerging conflicts based on the demands of nationalists, indigenous peoples, and immigrant minorities throughout the world. The international community has begun to respond more quickly and constructively to these conflicts than it did to civil wars in divided Yugoslavia and genocide in Rwanda by using the emerging doctrines of proactive peacemaking and peace enforcement that are detailed in this book. Concludes by identifying five principles of international doctrine for managing conflict in ethnically diverse societies. The text is illustrated with maps, tables, and figures.

This study on cross cultural perspectives in child advocacy deals with various topics, including support for children's issues, the factors that influence reporting of suspected child abuse and child advocacy's application to education professionals. The study looks at issues from around the world.

Fifty years of violence perpetrated by guerrillas, paramilitaries, and official armed forces in Colombia displaced more than six million people. In 2011, as part of a larger transitional justice process, the Colombian government approved a law that would restore land rights for those who lost their homes during the conflicts. However, this restitution process lacked appropriate provisions for rural women beyond granting them a formal property title. Drawing on decades of research, Elusive Justice demonstrates how these women continue to face numerous adverse circumstances, including geographical isolation, encroaching capitalist enterprises, and a dearth of social and institutional support. Donny Meertens contends that women's advocacy organizations must have a prominent role in overseeing these transitional policies in order to create a more just society. By bringing together the underresearched topic of property repayment and the pursuit of gender justice in peacebuilding, these findings have broad significance elsewhere in the world.

This book offers a detailed analysis of the Islamic Republic of Iran's approach towards human rights in the media. It looks at the state-owned and state-controlled Islamic Republic of Iran Broadcasting (IRIB), employing content analysis and multimodal critical discourse analysis to explore its underlying strategies in portraying the international rights norms. The book also features analysis of surveys and interviews of recent Iranian migrants to determine the extent to which the Iranian public is aware of human rights principles and their views on whether and how the international rights norms are portrayed on IRIB.

This volume bridges two different research fields and the current debates within them. On the one hand, the transitional justice literature has been shaken by powerful calls to make the doctrine and practice of justice more transformative. On the other hand, collective memory studies now tend to look more closely at meaningful silences to make sense of what nations leave out when they remember their pasts. The book extends the scope of this heuristic approach to the different mechanisms that come under the umbrella of transitional justice, including legal prosecution, truth-seeking and reparations, alongside memorialisation. The 15 chapters included in the volume, written by expert scholars from diverse disciplinary and societal backgrounds, explore a range of practices intended to deal with the past, and how making the invisible visible again can make transitional justice - or indeed, any societal engagement with the past - more transformative. Seeking to combine contextual depth and comparative width, the book features two key case analyses - South Africa and Sri Lanka - alongside discussions of multiple cases, including such emblematic sites as Rwanda and Argentina, but also sites better known for resisting than for embracing international norms of transitional justice, such as Turkey or Cote d'Ivoire. The different contributions, grouped in themed sections, progressively explore the issues, actors and resources that are typically forgotten when societies celebrate their pasts rather than mourning their losses and, in doing so, open new possibilities to build more inclusive processes for addressing the present consequences of past injustice.

"This book will engage, engross and enrage; it aims to drive analysis and policy makers to rethink their approaches to such conflicts." . Choice

"While the monograph is not merely an academic endeavor to be read by students and researchers, it is certainly a rigorous scholarly work. The incisive argument about social torture supported by a wealth of factual detail and first-hand reports make this book a singularly important contribution to the study of conflict, aid, and oppression in Africa." . H-Africa

As Director of the Refugee Law Project at the University of Makerere, Kampala, Uganda, Dolan offers a behind-the-scenes, cross-disciplinary study of one of Africa s longest running and most intractable conflicts. This book shows how, alongside the activities of the Lord s Resistance Army, government decisions and actions on the ground, consolidated by humanitarian interventions and silences, played a central role in creating a massive yet only very belatedly recognized humanitarian crisis. Not only individuals, but society as a whole, came to exhibit symptoms typical of torture, and the perpetrator-victim dichotomy became blurred. It is such phenomena, and the complex of social, political, economic and cultural dynamics which underpin them, which the author describes as social torture. Building on political economy, social anthropology, discourse analysis, international relations and psychoanalytic approaches to violence, this book offers an important analytical instrument for all those seeking entry points through which to address entrenched conflicts, whether from a conflict resolution, postconflict recovery or transitional justice perspective."

Advocates within the growing field of children's rights have designed dynamic campaigns to protect and promote children's rights. This expanding body of international law and jurisprudence, however, lacks a core text that provides an up-to-date look at current children's rights issues, the evolution of children's rights law, and the efficacy of efforts to protect children. Campaigning for Children focuses on contemporary children's rights, identifying the range of abuses that affect children today, including early marriage, female genital mutilation, child labor, child sex tourism, corporal punishment, the impact of armed conflict, and access to education. Jo Becker traces the last 25 years of the children's rights movement, including the evolution of international laws and standards to protect children from abuse and exploitation. From a practitioner's perspective, Becker provides readers with careful case studies of the organizations and campaigns that are making a difference in the lives of children, and the relevant strategies that have been successful-or not. By presenting a variety of approaches to deal with each issue, this book carefully teases out broader lessons for effective social change in the field of children's rights.

The book discusses discrimination based on sexual orientation in the jurisprudence of the European Court of Human Rights (ECtHR) and the Constitutional Court of Korea. The work provides insights into how prohibition on discrimination based on sexual orientation can be realized in South Korea with the reference of the case law of other jurisdictions including mainly from the ECtHR. The book reviews related principles and methodological tools applied in the jurisprudence of the ECtHR. Considering that the rights of sexual minorities are evolving in many jurisdictions including Europe, and this problem is currently of great importance in the constitutional and political discussion, the topic is important to the readers in Europe as well as in Korea.