![]() |
![]() |
Your cart is empty |
||
Books > Law > International law > Public international law > International humanitarian law
Terrorism: Commentary on Security Documents is a series that provides primary source documents and expert commentary on various topics relating to the worldwide effort to combat terrorism, as well as efforts by the United States and other nations to protect their national security interests. Volume 145, The North Korean Threat, examines the strategies adopted by the United States, China, and the international community in response to the nuclear threat posed by North Korea. The volume includes a selection of documents chosen to illustrate developments in this area from 2010 through 2016, with commentary from series editor Douglas C. Lovelace, Jr. The documents in this volume include 2016 UN Security Council resolutions on North Korea, Congressional Research Service reports covering various aspects of the U.S. response to North Korea's nuclear program, a U.S. Department of Defense report prepared for Congress on military and security developments related to North Korea, and a detailed description of the U.S. sanctions program against North Korea from the U.S. Treasury Department's Office of Foreign Assets Control.
Why should America restrain itself in detaining, interrogating, and targeting terrorists when they show it no similar forbearance? Is it fair to expect one side to fight by more stringent rules than the other, placing itself at disadvantage? Is the disadvantaged side then permitted to use the tactics and strategies of its opponent? If so, then America's most controversial counterterrorism practices are justified as commensurate responses to indiscriminate terror. Yet different ethical standards prove entirely fitting, the author finds, in a conflict between a network of suicidal terrorists seeking mass atrocity at any cost and a constitutional democracy committed to respecting human dignity and the rule of law. The most important reciprocity involves neither uniform application of fair rules nor their enforcement by a simple-minded tit-for-tat. Real reciprocity instead entails contributing to an emergent global contract that encompasses the law of war and from which all peoples may mutually benefit.
Necessity is a notoriously dangerous and slippery concept-dangerous because it contemplates virtually unrestrained killing in warfare and slippery when used in conflicting ways in different areas of international law. Jens David Ohlin and Larry May untangle these confusing strands and perform a descriptive mapping of the ways that necessity operates in legal and philosophical arguments in jus ad bellum, jus in bello, human rights, and criminal law. Although the term "necessity" is ever-present in discussions regarding the law and ethics of killing, its meaning changes subtly depending on the context. It is sometimes an exception, at other times a constraint on government action, and most frequently a broad license in war that countenances the wholesale killing of enemy soldiers in battle. Is this legal status quo in war morally acceptable? Ohlin and May offer a normative and philosophical critique of international law's prevailing notion of jus in bello necessity and suggest ways that killing in warfare could be made more humane-not just against civilians but soldiers as well. Along the way, the authors apply their analysis to modern asymmetric conflicts with non-state actors and the military techniques most likely to be used against them. Presenting a rich tapestry of arguments from both contemporary and historical Just War theory, Necessity in International Law is the first full-length study of necessity as a legal and philosophical concept in international affairs.
At the turn of the millennium, a new phenomenon emerged: conservatives, who just decades before had rejected the expanding human rights culture, began to embrace human rights in order to advance their political goals. In this book, Nicola Perugini and Neve Gordon account for how human rights - generally conceived as a counter-hegemonic instrument for righting historical injustices - are being deployed to further subjugate the weak and legitimize domination. Using Israel/Palestine as its main case study, The Human Right to Dominate describes the establishment of settler NGOs that appropriate human rights to dispossess indigenous Palestinians and military think-tanks that rationalize lethal violence by invoking human rights. The book underscores the increasing convergences between human rights NGOs, security agencies, settler organizations, and extreme right nationalists, showing how political actors of different stripes champion the dissemination of human rights and mirror each other's political strategies. Indeed, Perugini and Gordon demonstrate the multifaceted role that this discourse is currently playing in the international arena: on the one hand, human rights have become the lingua franca of global moral speak, while on the other, they have become reconstrued as a tool for enhancing domination.
The United Nations Compensation Commission (UNCC) is a claims reparation program created by the United Nations Security Council in May 1991, after the UN-authorized Allied Coalition Forces' military operations terminated the seven-month invasion and occupation of Kuwait by Iraq and liberated Kuwait. The UNCC was established with the objectives to receive and decide claims from individuals, corporations, and governments against Iraq as arising directly from Iraq's invasion and occupation of Kuwait; and to pay compensation for such claims. Gulf War Reparations and the UN Compensation Commission: Designing Compensation After Conflict is the first collective work on the UNCC claims program by experts who have contributed to its progress, and who have assisted in paving the way for more informed research on the Commission and its jurisprudence. Given its unprecedented, serious and sustained effort within the international community, the two-decade long operations of the UNCC deserve considerable attention and in-depth analysis especially with respect to its impact on the development and progress of international law in the areas of State responsibility and reparations.
Many years after the United States initiated a military response to the terrorist attacks of September 11th, 2001, the nation continues to prosecute what it considers an armed conflict against transnational terrorist groups. Understanding how the law of armed conflict applies to and regulates military operations executed within the scope of this armed conflict against transnational non-state terrorist groups is as important today as it was in September 2001. In The War on Terror and the Laws of War seven legal scholars, each with experience as military officers, focus on how to strike an effective balance between the necessity of using armed violence to subdue a threat to the nation with the humanitarian interest of mitigating the suffering inevitably associated with that use. Each chapter addresses a specific operational issue, including the national right of self-defense, military targeting and the use of drones, detention, interrogation, trial by military commission of captured terrorist operatives, and the impact of battlefield perspectives on counter-terror military operations, while illustrating how the law of armed conflict influences resolution of that issue. This Second Edition carries on the critical mission of continuing the ongoing dialogue about the law from an unabashedly military perspective, bringing practical wisdom to the contentious topic of applying international law to the battlefield.
Divided Sovereignty explores new institutional solutions to the old
question of how to constrain states when they commit severe abuses
against their own citizens. The book argues that coercive
international institutions can stop these abuses and act as an
insurance scheme against the possibility of states failing to
fulfill their most basic sovereign responsibilities. It thus
challenges the long standing assumption that collective grants of
authority from the citizens of a state should be made exclusively
for institutions within the borders of that state. Despite worries
that international institutions such as the International Criminal
Court could undermine domestic democratic control, citizens can
divide sovereign authority between state and international
institutions consistent with their right of democratic
self-governance.
Proportionality is intimately linked to the overarching concepts of self-defense, lawful force, and the controlled application of violence. It is one of the most visible facets of humanitarian law designed to reduce unnecessary human suffering and avoid excessive damage to property, and the natural environment. However, its application has come under renewed scrutiny and sustained controversy as a result of wars against non-state actors and from the extensive use of drones, human shields, cyber war techniques, and counterinsurgency tactics. Proportionality in International Law critically assesses the law of proportionality in normative terms combining abstract philosophical and legal analysis with highly emotive contemporary combat cases. The principle of proportionality permits actions that are logically linked to the intended goal, and thus defines the permissible boundaries for the initiation and conduct of modern wars. The case studies discussed in this book are predominantly from the perspective of those who make decisions in the midst of armed conflict, bringing analytic rigor to the debates as well as sensitivity to facts on the ground. The authors analyze modern usages of proportionality across a wide range of contexts enabling a more complete comprehension of the values that it preserves. This book contrasts the applications of proportionality in both jus ad bellum (the law and morality of resort to force) and within jus in bello (the doctrines applicable for using force in the midst of conflicts). Proportionality in International Law provides the reader with a unique interdisciplinary approach, offering practitioners and policymakers alike greater clarity over how proportionality should be understood in theory and in practice.
There are currently over 100 stateless nations pressing for greater
self-determination around the globe. The vast majority of these
groups will never achieve independence. Many groups will receive
some accommodation over self-determination, many will engage in
civil war over self-determination, and in many cases, internecine
violence will plague these groups. This book examines the dynamic
internal politics of states and self-determination groups. The
internal structure and political dynamics of states and
self-determination groups significantly affect information and
credibility problems faced by these actors, as well as the
incentives and opportunities for states to pursue partial
accommodation of these groups.
War is about individuals maiming and killing each other, and yet, it seems that it is also irreducibly collective, as it is fought by groups of people and more often than not for the sake of communal values such as territorial integrity and national self-determination. Cecile Fabre articulates and defends an ethical account of war in which the individual, as a moral and rational agent, is the fundamental focus for concern and respect-both as a combatant whose acts of killing need justifying and as a non-combatant whose suffering also needs justifying. She takes as her starting point a political morality to which the individual, rather than the nation-state, is central, namely cosmopolitanism. According to cosmopolitanism, individuals all matter equally, irrespective of their membership in this or that political community. Traditional war ethics already accepts this principle, since it holds that unarmed civilians are illegitimate targets even though they belong to the enemy community. However, although the traditional account of whom we may kill in wars is broadly faithful to that principle, the traditional account of why we may kill and of who may kill is not. Cosmopolitan theorists, for their part, do not address the ethical issues raised by war in any depth. Fabre's Cosmopolitan War seeks to fill this gap, and defends its account of just and unjust wars by addressing the ethics of different kinds of war: wars of national defence, wars over scarce resources, civil wars, humanitarian intervention, wars involving private military forces, and asymmetrical wars.
Proportionality is intimately linked to the overarching concepts of self-defense, lawful force, and the controlled application of violence. It is one of the most visible facets of humanitarian law designed to reduce unnecessary human suffering and avoid excessive damage to property, and the natural environment. However, its application has come under renewed scrutiny and sustained controversy as a result of wars against non-state actors and from the extensive use of drones, human shields, cyber war techniques, and counterinsurgency tactics. Proportionality in International Law critically assesses the law of proportionality in normative terms combining abstract philosophical and legal analysis with highly emotive contemporary combat cases. The principle of proportionality permits actions that are logically linked to the intended goal, and thus defines the permissible boundaries for the initiation and conduct of modern wars. The case studies discussed in this book are predominantly from the perspective of those who make decisions in the midst of armed conflict, bringing analytic rigor to the debates as well as sensitivity to facts on the ground. The authors analyze modern usages of proportionality across a wide range of contexts enabling a more complete comprehension of the values that it preserves. This book contrasts the applications of proportionality in both jus ad bellum (the law and morality of resort to force) and within jus in bello (the doctrines applicable for using force in the midst of conflicts). Proportionality in International Law provides the reader with a unique interdisciplinary approach, offering practitioners and policymakers alike greater clarity over how proportionality should be understood in theory and in practice.
A security measure designed to neutralize threats from an enemy party, internment is common in warfare. In the context of internment operations in Afghanistan, Iraq, Guantanamo Bay and the Democratic Republic of the Congo, and of increasing international military intervention in internal conflicts more generally, the legal framework for internment has been widely criticised for being at best ambiguous and full of loopholes, at worst out-dated and inadequate.In light of such criticism, this book examines the continued relevance and adequacy of the existing legal framework, identifies its shortcomings and proposes possible avenues to remedy them. It offers answer to fundamental questions such as who may be lawfully interned in armed conflict, on what legal basis, for what reasons and for how long. She lays bare significant challenges in non-international armed conflict, such as the lack of a legal basis to intern in international humanitarian law and the serious risks involved in solutions proposed so far to remedy that gap. Indeed, sole reliance on international human rights law, domestic law or, alternatively, on the rules on targeting are unsatisfactory and inappropriate. Heeding calls for the clarification and modernization of the existing legal framework for internment in armed conflict, the author puts forward concrete proposals for normative developments that seek to reconcile both the practical realities of contemporary armed conflict and significant developments in international law that affirm the right to liberty as one of the most fundamental attributes of any human being.
Humanitarian Intervention and the Responsibility To Protect considers who should undertake humanitarian intervention in response to an ongoing or impending humanitarian crisis, such as found in Rwanda in early 1994, Kosovo in 1999, and Darfur more recently. The doctrine of the responsibility to protect asserts that when a state is failing to uphold its citizens' human rights, the international community has a responsibility to protect these citizens, including by undertaking humanitarian intervention. It is unclear, however, which particular agent should be tasked with this responsibility. Should we prefer intervention by the UN, NATO, a regional or subregional organization (such as the African Union), a state, a group of states, or someone else? This book answers this question by, first, determining which qualities of interveners are morally significant and, second, assessing the relative importance of these qualities. For instance, is it important that an intervener have a humanitarian motive? Should an intervener be welcomed by those it is trying to save? How important is it that an intervener will be effective and what does this mean in practice? The book then considers the more empirical question of whether (and to what extent) the current interveners actually possess these qualities, and therefore should intervene. For instance, how effective can we expect UN action to be in the future? Is NATO likely to use humanitarian means? Overall, it develops a particular normative conception of legitimacy for humanitarian intervention. It uses this conception of legitimacy to assess not only current interveners, but also the desirability of potential reforms to the mechanisms and agents of humanitarian intervention.
In The Responsibility to Protect: The Promise of Stopping Mass Atrocities in Our Time, Jared Genser and Irwin Cotler provide a comprehensive overview on how this contemporary principle of international law has developed and analyze how best to apply it to current and future humanitarian crises. The "responsibility to protect" is a doctrine unanimously adopted by the UN World Summit in 2005, which says that all states have an obligation to protect their own citizens from mass atrocities, which includes genocide, war crimes, crimes against humanity, and ethnic cleansing. Its adoption and application has generated a passionate debate in law schools, professional organizations, media and within the U.N. system. To present a full picture of where the doctrine now stands and where it could go in the future, editors Jared Genser and Irwin Cotler have assembled a global team of authors with diverse backgrounds and differing viewpoints, including Edward Luck, the UN Secretary-General's Special Advisor on the Responsibility to Protect. Genser and Cotler balance the pro-RtoP chapters with more skeptical arguments from agency staff and scholars with long experience in addressing mass atrocities. Framed by a Preface from Desmond Tutu and Vaclav Havel and a Conclusion from Gareth Evans, these in-depth and authoritative analyses move beyond theory to demonstrate how RtoP has worked on the ground and should work if applied to other crises. The global focus of this book, as well as its detailed application of the principle in case studies make it uniquely useful to staff at international organizations and NGOs considering use of the principle in a given circumstance, to scholars providing advice to governments, and to students seeking guidance on this still-expanding subject.
The growth in scope and importance of the private military and
security industry in the past decade has challenged the role of the
state as the main provider of defence and security functions. At
the same time it has put under stress the state's authority to
properly oversee the conduct of private contractors and has raised
the question of whether existing rules of domestic law and
international law are adequate to ensure their accountability in
the event of abuse. This book addresses this question through the
lens of international human rights law and international
humanitarian law. It presents a systematic analysis of the way in
which these two bodies of international law, applicable in times of
peace and in the event of armed conflict, may be interpreted and
implemented in a way so as to fill possible accountability gaps.
Trusteeship and the civilizing mission in international relations
did not end with the emergence of the self-determination
entitlement that led to decolonization in the second half of the
20th century. International organizations, whose modern form
emerged during the height of colonialism, took on the 'civilizing'
role in the 'post-colonial' era, internationalizing trusteeship and
re-legitimizing it as a feature of international public policy into
the bargain. Through analysis of the history of and purposes
associated with the involvement of international organizations in
territorial administration, such as the UN missions in Kosovo and
East Timor, a comparison between this activity and colonial
trusteeship, the Mandate and Trusteeship arrangements, and an
exploration of the modern ideas of international law and public
policy that underpin and legitimize contemporary interventions,
this book relates a new history of the concept of international
trusteeship.
This book addresses a dilemma at the heart of counter-terrorist
policy: is it ever justifiable to torture terrorists in order to
save the lives of others, the so-called 'ticking bomb' scenario?
This book conducts an in-depth analysis into the lawfulness of
State-sponsored targeted killings under international human rights
and humanitarian law. It also addresses the relevance of the law of
inter-state force to targeted killings, and the interrelation of
the various normative frameworks which may simultaneously apply to
operations involving the intentional use of lethal force.
The move to end impunity for human rights atrocities has seen the creation of international and hybrid tribunals and increased prosecutions in domestic courts. The Oxford Companion to International Criminal Justice is the first major reference work to provide a complete overview of this emerging field. Its nearly 1100 pages are divided into three sections. In the first part, 21 essays by leading thinkers offer a comprehensive survey of issues and debates surrounding international humanitarian law, international criminal law, and their enforcement. The second part is arranged alphabetically, containing 320 entries on doctrines, procedures, institutions and personalities. The final part contains over 400 case summaries on different trials from international and domestic courts dealing with war crimes, crimes against humanity, genocide, torture, and terrorism. With analysis and commentary on every aspect of international criminal justice, this Companion is designed to be the first port of call for scholars and practitioners interested in current developments in international justice.
The imperatives of sovereignty, human rights and national security
very often pull in different directions, yet the relations between
these three different notions are considerably more subtle than
those of simple opposition. Rather, their interaction may at times
be contradictory, at others tense, and at others even
complementary. This collection presents an analysis of the
irreducible dilemmas posed by the foundational challenges of
sovereignty, human rights and security, not merely in terms of the
formal doctrine of their disciplines, but also of the manner in
which they can be configured in order to achieve persuasive
legitimacy as to both methods and results. The chapters in this
volume represent an attempt to face up to these dilemmas in all of
their complexity, and to suggest ways in which they can be
confronted productively both in the abstract and in the concrete
circumstances of particular cases.
This Handbook is provides a broad range of essential information
about past experiences with massive reparations programs as well as
normative guidance for future practice. It examines in detail
reparations programs in different parts of the world; includes
thematic papers on topics that frequently come about in the design
and implementation of reparations programs; and, finally,
reproduces key documents on reparations, including national
legislation.
Thurgood Marshall became a living icon of civil rights when he
argued Brown v. Board of Education before the Supreme Court in
1954. Six years later, he was at a crossroads. A rising generation
of activists were making sit-ins and demonstrations rather than
lawsuits the hallmark of the civil rights movement. What role, he
wondered, could he now play? When in 1960 Kenyan independence
leaders asked him to help write their constitution, Marshall threw
himself into their cause. Here was a new arena in which law might
serve as the tool with which to forge a just society.
International Criminal Law is an essential guide to the relatively recent, but rapidly growing field of international criminal justice. Written by leading practitioner-academics directly involved with the International Criminal Tribunals, this book provides students with an invaluable insight into the key features of international criminal law and practice. Zahar and Sluiter offer an analysis of the tribunals' place in the international legal order and the most important aspects of their substantive law and procedure from an entirely new and critical perspective. Legal doctrines are discussed throughout in relation to their application in real-life situations, encouraging students to engage critically with the subject and relate theory to practice. An ideal companion for students of international criminal law and justice who are seeking an insider's perspective on the subject, this book also offers practitioners, academics and policy-makers a clear and challenging account of the new legal landscape.
Should states use military force for humanitarian purposes? What are the challenges to international society posed by humanitarian intervention in a post-September 11th world? This path-breaking work brings together well-known scholars of law, philosophy, and international relations, together with practitioners who have been actively engaged in intervention during the past decade. Together, this team provides practical and theoretical answers to one of the most burning issues of our day. Case studies include Somalia, Rwanda, the Balkans, and East Timor, as well as the recent US intervention in Afghanistan. The book demonstrates why humanitarian intervention continues to be a controversial issue not only for the United Nations but also for Western states and humanitarian organizations.
This book is the first comprehensive manual on the law of armed conflict prepared by a team of expert scholars and practitioners working for and with the UK Ministry of Defence. It covers all aspects of the law of armed conflict as applied today, including means and methods of warfare, the treatment of civilians and other non-combatants - including prisoners of war - and the conduct of operations in all three environments: land, sea and air. It also includes discussion of some of the key elements of relevance in the modern strategic environment, not least the legal aspects of internal armed conflict and the application of the law during peace support operations. This is a significant publication providing sound evidence of the legal views of one of the five Permanent Members of the UN Security Council. As such it will become an essential reference and source for legal scholars working in this field, for officials working in foreign and defence ministries around the globe, and for military officers and lawyers requiring a sound grasp of the legal framework of military operations |
![]() ![]() You may like...
Leadership, God's Agency, and…
Mark Lau Branson, Alan J. Roxburgh
Hardcover
The Pope and the Pandemic - Lessons in…
Agbonkhianmeghe E. Orobator
Paperback
Leading Wise - Inspirational Reflections…
Eboni Adams Monk
Hardcover
|