The idea that states and the international community have a responsibility to protect populations at risk has framed internationalist debates about conflict prevention, humanitarian aid, peacekeeping and territorial administration since 2001. This book situates the responsibility to protect concept in a broad historical and jurisprudential context, demonstrating that the appeal to protection as the basis for de facto authority has emerged at times of civil war or revolution - the Protestant revolutions of early modern Europe, the bourgeois and communist revolutions of the following centuries and the revolution that is decolonisation. This analysis, from Hobbes to the UN, of the resulting attempts to ground authority on the capacity to guarantee security and protection is essential reading for all those seeking to understand, engage with, limit or critique the expansive practices of international executive action authorised by the responsibility to protect concept.

Armed forces can be confronted with the problem of correctly classifying a targeted group as one that is or is not party to an armed conflict. In particular, this happens in a context of a high level of violence where a non-international armed conflict is (likely) occurring at the same time, such as in Iraq, Afghanistan, Brazil or Mexico. The difficulty of qualifying the targeted group leads to a legal uncertainty in which it is unclear whether an operation is governed by international humanitarian law or the international law of human rights. The problem is of particular interest when lethal force is resorted to, as killing might be illegal under one of the two branches. The book attempts to provide guidance on how this uncertainty can be overcome. In order to do so, the requirements to kill under IHL and human rights law are analyzed and compared, as well as assessed in concrete operations of the National Police of Colombia who face this problem on a regular basis.

Does international law make individuals responsible for perpetrating war crimes during internal armed conflicts? Eve La Haye explores the content of international criminal law applicable in such conflicts and questions the 1995 finding of the Appeals Chamber of the International Criminal Tribunal for the Former Yugoslavia that responsibility could be enforced on the basis of customary international law. This finding is evaluated with regard to state practice and the practice of international organisations. The means to enforce individual criminal responsibility for such crimes are also investigated. The states on whose territory the crimes took place have sometimes tried such perpetrators, but can other states prosecute perpetrators of war crimes under the principle of universal jurisdiction? The applicability of universal jurisdiction to war crimes committed in civil wars and the practice of domestic courts are examined, alongside the role and achievements of prosecutions carried out by international courts and tribunals.

Since the end of the Cold War, humanitarian interventions have continued to evolve and respond to a wide range of political crises. These insightful essays focus on the challenges associated with interventions when facing conflict and human rights violations, unmitigated systematic violence, state re-building, human mobility and dislocation. Each chapter is linked to the rest through three defining themes that permeate the book: the evolution of humanitarian interventions in a global era; the limits of sovereignty and the ethics of interventions; and the politics of post-intervention: (re)-building and humanitarian engagement. The authors incorporate a variety of case studies including Kosovo, Timor-Leste, Syria, Libya and Iraq, and examine the complexity of interventions across their different dimensions, including relevant doctrines such as R2P, 'Use of Force' and Human Security.

States the law relating to treaties from an international aspect and in the light of international sources, while at the same time preserving the point of view of the average common lawyer. Lord McNair was strongly of the opinion that the common law of the British Commonwealth and the United States can and must in the future make greater contributions both to the content and to the practical application of international law. This classic work, first published in 1961 and now available again, retains its usefulness for practising international lawyers and academics concerned with all aspects of the making, application, enforcement, breach, or alteration of treaties.

This book is a comprehensive presentation of humanitarian intervention in theory and practice during the course of the nineteenth century. Through four case studies, it sheds new light on the international law debate and the political theory on intervention, linking them to ongoing issues, and paying particular attention to the lesser known Russian dimension. The book begins by tracing the genealogy of the idea of humanitarian intervention to the Renaissance, evaluating the Eurocentric gaze of the civilisation-barbarity dichotomy, and elucidates the international legal arguments of both advocates and opponents of intervention, as well as the views of major political theorists. It then goes on to examine four cases as humanitarian interventions: the Greek War of Independence (1821-31), the Lebanon and Syria (1860-61), the Bulgarian atrocities (1876-78), and the U.S. intervention in Cuba (1895-98). Humanitarian intervention in the long nineteenth century will be of benefit to scholars and students of International Relations, international history, international law and international political theory. -- .

For more than sixty years, the blue helmets of the United Nations peacekeeping missions have come to symbolize both the promise and the fragility of the UN. Though beset with unresolved conflicts, underfunded, and invariably burdened with sentiments of over-expectation, UN peace operations have made a difference with their 'peacebuilding' initiatives. While peacebuilding has been extensively analysed and critiqued, the UN's role in addressing and ameliorating housing, land, and property rights challenges has not. This volume seeks to fill the void by examining the UN's experience grappling with the immense and inevitable housing, land, and property rights crises that emerge in all countries during and after conflict. Through analysis of UN peace missions in Burundi, Cambodia, Iraq, Kosovo, Rwanda, Sudan and elsewhere, this volume provides a unique array of perspectives on what the UN has done right, what it has done wrong, and what it should do in the future.

Does international law make individuals responsible for perpetrating war crimes during internal armed conflicts? Eve La Haye explores the content of international criminal law applicable in such conflicts and questions the 1995 finding of the Appeals Chamber of the International Criminal Tribunal for the Former Yugoslavia that responsibility could be enforced on the basis of customary international law. This finding is evaluated with regard to state practice and the practice of international organisations. The means to enforce individual criminal responsibility for such crimes are also investigated. The states on whose territory the crimes took place have sometimes tried such perpetrators, but can other states prosecute perpetrators of war crimes under the principle of universal jurisdiction? The applicability of universal jurisdiction to war crimes committed in civil wars and the practice of domestic courts are examined, alongside the role and achievements of prosecutions carried out by international courts and tribunals.

John Norton Moore, the most prominent legal scholar to defend a position basically in agreement with the present Administration, presents a coherent, well-argued interpretation of the specific legal issues raised by U.S. involvement in Vietnam and their implications for international and constitutional law. Originally published in 1972. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Despite numerous efforts since the 1920s, the international community has failed to define or criminalize 'terrorism' in international law. This book first explores the policy reasons for defining and criminalizing terrorism, before proposing the basic elements of an international definition. Terrorism should be defined and criminalized because it seriously undermines fundamental human rights, jeopardizes the State and peaceful politics, and may threaten international peace and security. Definition would also help to distinguish political from private violence, eliminating the overreach of the many 'sectoral' anti-terrorism treaties. A definition may also help to confine the scope of UN Security Council resolutions since 11 September 2001, which have encouraged States to pursue unilateral and excessive counter-terrorism measures.
Defining terrorism as a discrete international crime normatively recognizes and protects vital international community values and interests, symbolically expresses community condemnation, and stigmatizes offenders. Any definition of terrorism must also accommodate reasonable claims to political violence, particularly against repressive governments, and this book examines the range of exceptions, justifications, excuses, defenses and amnesties potentially available to terrorists, as well as purported exceptions such as self-determination struggles, 'State terrorism' and armed conflicts.
While this book seeks to minimize recourse to violence, it recognizes that international law should not become complicit in oppression by criminalizing legitimate forms of political resistance. In the absence of an international definition, the remainder of the bookexplores how the international community has responded to terrorism in international and 'regional' treaties, the United Nations system, and in customary law. The final part of the book explores the distinctive prohibitions and crime of 'terrorism' in armed conflict under international humanitarian law.

International Law and New Wars examines how international law fails to address the contemporary experience of what are known as 'new wars' - instances of armed conflict and violence in places such as Syria, Ukraine, Libya, Mali, the Democratic Republic of Congo and South Sudan. International law, largely constructed in the nineteenth and twentieth centuries, rests to a great extent on the outmoded concept of war drawn from European experience - inter-state clashes involving battles between regular and identifiable armed forces. The book shows how different approaches are associated with different interpretations of international law, and, in some cases, this has dangerously weakened the legal restraints on war established after 1945. It puts forward a practical case for what it defines as second generation human security and the implications this carries for international law.

The question of 'humanitarian intervention' has been a staple of international law for around 200 years, with a renewed interest in the history of the subject emerging in the last twenty years. This book provides a chronological account of the evolution of the discussion and uncovers the fictional narrative provided by international lawyers to support their conclusions on the subject, from justifications and arguments for 'humanitarian intervention', the misrepresentation of great power involvement in the Greek War of Independence in 1827, to the 'humanitarian intervention that never was', India's war with Pakistan in 1971. Relying on a variety of sources, some of them made available in English for the first time, the book provides an undogmatic, alternative history of the fight for the protection of human rights in international law.

The Handbook of International Humanitarian Law sets out a black letter text of international humanitarian law accompanied by case analysis and extensive explanatory commentary by a team of distinguished and internationally renowned experts. This is the fourth edition of this influential and comprehensive handbook. It has been extensively updated and revised, taking into account recent legal developments, such as the 2017 Nuclear Weapons Prohibition Treaty, as well as the ongoing debate on many old and new issues. Areas covered by the book include the notion of direct participation in hostilities; air and missile warfare; military operations in outer space; military cyber operations; belligerent occupation; operational detention; and the protection of the environment in relation to armed conflict. The continuing need to consider borderline issues of the law of armed conflict as well as the interplay of international humanitarian law, human rights law, and other branches of international law is highlighted. This Handbook provides an in-depth understanding of the development and current problems of the law of armed conflicts. It considers legal and policy issues both from the views of academics and military and diplomatic practitioners. Finally - and most importantly - it offers a complete account of activities that should be taken to improve the implementation and enforcement of international humanitarian law.

This book is the product of a multiyear dialogue between leading human rights theorists and high-level representatives of international human rights nongovernmental organizations (INGOs) sponsored by the United Nations University, Tokyo, and the City University of Hong Kong. It is divided into three parts that reflect the major ethical challenges discussed at the workshops: the ethical challenges associated with interaction between relatively rich and powerful Northern-based human rights INGOs and recipients of their aid in the South; whether and how to collaborate with governments that place severe restrictions on the activities of human rights INGOs; and the tension between expanding organization mandate to address more fundamental social and economic problems and restricting it for the sake of focusing on more immediate and clearly identifiable violations of civil and political rights. Each section contains contributions from both theorists and practitioners of human rights.

The holy sites in Jerusalem exist as objects of international veneration and sites of nationalist contest. They stand at the heart of the Israeli-Palestinian conflict, yet surprisingly, the many efforts to promote peace, mostly by those outside the Middle East, have ignored the problem. This 2006 book seeks to address this omission by focusing upon proposals of development of a legal regime to protect the holy sites separable from the final peace negotiations to not only protect the holy sites but promote peace by removing these particularly volatile icons from the field of conflict. Peace and the protection of the holy sites cannot occur without the consent and co-operation of those on the ground. This book supports local involvement by developing a comprehensive plan for how to negotiate: outlining the relevant history, highlighting issues of import, and identifying effective strategies for promoting negotiation.

Justice Beyond Borders examines which political principles should govern global politics. It explores the ethical issues that arise at the global level and addresses questions such as: Are there universal values? If so, what are they? What human rights, if any, are there? Are there global principles of distributive justice? Should there be a system of supra-state institutions? Is national self-determination defensible? When, if ever, may political regimes wage war? Is humanitarian intervention justified? Justice Beyond Borders outlines and defends an egalitarian liberal brand of cosmopolitanism to address these questions. It maintains that there are universal principles. It argues, moreover, that these include universal civil and political human rights. It also defends the application of global principles of distributive justice. On this basis, it argues for a system of supra-state political institutions to further promote these universal principles of justice. Having set out principles of ideal theory, it then examines what principles should apply when injustices are committed. To do this it examines when political regimes may wage war and when they may engage in intervention. It thereby draws on cosmopolitan principles to derive and defend a cosmopolitan conception of just war and humanitarian intervention. To arrive at these conclusions, Justice Beyond Borders engages in a sustained analysis of the competing arguments on all the above issues, examining the arguments of nationalists, realists, and those who affirm the ideal of a society of states. It does so by exploring and integrating the work of philosophers, political theorists, and international relations scholars. It illustrates its ethical argument and theoretical analysis with empirical examples. Furthermore, Justice Beyond Borders argues that the issues examined in the book cannot be adequately treated in isolation from each other but must be treated as an interlinked whole.

Despite the conclusion of the International Military Tribunal at Nuremberg that aggression is the 'supreme international crime', armed conflict remains a frequent and ubiquitous feature of international life, leaving millions of victims in its wake. This collection of original chapters by leading and emerging scholars from all around the world evaluates historic and current examples of the use of force and the context of crimes of aggression. As we approach the 75th anniversary of the Nuremberg War Crimes Tribunal, Seeking Accountability for the Unlawful Use of Force examines the many systems and accountability frameworks which have developed since the Second World War. By suggesting new avenues for enhancing accountability structures already in place as well as proposing new frameworks needed, this volume will begin a movement to establish the mechanisms needed to charge those responsible for the unlawful use of force.

International Human Rights and Humanitarian Law: Treaties, Cases, and Analysis introduces the reader to the international legal instruments and case law governing the substantive and procedural dimensions of international human rights and humanitarian law, including economic, social, and cultural rights. The book, which was originally published in 2006, also discusses the history and organisational structure of human rights and humanitarian law enforcement mechanisms. A chapter is devoted a chapter to the issues surrounding the incorporation of international law into U.S. law, including principles of constitutional and statutory interpretation, conflict rules, and the self-execution doctrine. Questions and comments sections provide critical analyses of issues raised in the materials. The last chapter addresses theoretical issues facing contemporary international human rights and humanitarian law and its enforcement.

How do international human rights and humanitarian law protect vulnerable individuals in times of peace and war? Provost analyses systemic similarities and differences between the two to explore how they are each built to achieve their similar goal. He details the dynamics of human rights and humanitarian law, revealing that each performs a task for which it is better suited than the other, and that the fundamentals of each field remain partly incompatible. This helps us understand why their norms succeed in some ways and fail - at times spectacularly - in others. Provost's study represents innovative and in-depth research, covering all relevant materials from the UN, ICTY, ICTR, and regional organizations in Europe, Africa and Latin America. This will interest academics and graduate students in international law and international relations, as well as legal practitioners in related fields and NGOs active in human rights.

International law has long differentiated between international and non-international armed conflicts, traditionally regulating the former far more comprehensively than the latter. This is particularly stark in the case of detention, where the law of non-international armed conflict contains no rules on who may be detained, what processes must be provided to review their detention, and when they must be released. Given that non-international armed conflicts are now the most common form of conflict, this is especially worrying, and the consequences of this have been seen in the detention practices of states such as the US and UK in Iraq and Afghanistan. This book provides a comprehensive examination of the procedural rules that apply to detention in non-international armed conflict, with the focus on preventive security detention, or 'internment'. All relevant areas of international law, most notably international humanitarian law and international human rights law, are analysed in detail and the interaction between them explored. The book gives an original account of the relationship between the relevant rules of IHL and IHRL, which is firmly grounded in general international law scholarship, treating the issue as a matter of treaty interpretation. With that in mind, and with reference to State practice in specific non-international armed conflicts - including those in Sri Lanka, Colombia, Nepal, Afghanistan, and Iraq - it is demonstrated that the customary and treaty obligations of States under human rights law continue, absent derogation, to apply to detention in non-international armed conflicts. The practical operation of those rules is then explored in detail. The volume ends with a set of concrete proposals for developing the law in this area, in a manner that builds upon, rather than replaces, the existing obligations of States and non-State armed groups.

Hilaire McCoubrey wrote extensively in the area of armed conflict law, and on the issues of collective security law and the law relating to arms control. Although he died at the early age of 46 in 2000 he had contributed significantly to the separate study of these areas, but also to the idea of studying the issues as a whole subject. The collection covers difficult and controversial issues in the area of conflict and security law. The contributors, drawn both from academe and practice, provide expert analysis of many aspects of the law governing armed conflict and collective security. As well as providing a fitting tribute to the main aspects of Hilaire's contribution to knowledge, the volume provides a coherent reconsideration and development of key aspects of conflict and security law at a time when that law is being applied, breached, debated or reformed on almost a daily basis.

Tallinn Manual 2.0 expands on the highly influential first edition by extending its coverage of the international law governing cyber operations to peacetime legal regimes. The product of a three-year follow-on project by a new group of twenty renowned international law experts, it addresses such topics as sovereignty, state responsibility, human rights, and the law of air, space, and the sea. Tallinn Manual 2.0 identifies 154 'black letter' rules governing cyber operations and provides extensive commentary on each rule. Although Tallinn Manual 2.0 represents the views of the experts in their personal capacity, the project benefitted from the unofficial input of many states and over fifty peer reviewers.

In 1995, the International Committee of the Red Cross, along with a range of renowned experts, embarked upon a major international study into current state practice in humanitarian law in order to identify customary law in this area. This book (and its companion, Volume 2: Practice) is the result of that study. Volume 1 is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts.

Despite the fact that there are up to 25 million internally displaced persons around the world, their plight is still little known. Like refugees, internally displaced persons have been forced to leave their homes because of war and human rights abuses, but they have not left their country. This has major consequences in terms of the protection available to them. This 2005 book aims to offer a clear and easily accessible overview of this important humanitarian and human rights challenge. In contrast with other books on the topic, it provides an objective evaluation of UN efforts to protect the internally displaced. It will be of interest to all those involved with the internally displaced, as well as anyone seeking to gain an overall understanding of this complex issue.

Countries throughout the world are grappling with the practical and moral issues raised by increasing numbers of refugees. Matthew Gibney's book asks how Western countries should respond to the claims of refugees who arrive on their territory, and relates the question to wider issues surrounding immigration, citizenship and the responsibilities of democracies. Examining policy in the United States, Germany, the United Kingdom and Australia, this book offers an important contribution to a highly topical subject.