This ambitious 2005 volume is a history of war, from the standpoint of international law, from the beginning of history to the present day. Its primary focus is on legal conceptions of war as such, rather than on the substantive or technical aspects of the law of war. It tells the story, in narrative form, of the interplay, through the centuries, between, on the one hand, legal ideas about war and, on the other hand, state practice in warfare. Its coverage includes reprisals, civil wars, UN enforcement and the war on terrorism. This book will interest historians, students of international relations and international lawyers.

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.

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.

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.

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.

Since the Nuremberg Trials of top Nazi leaders following the Second World War, international law has affirmed that no-one, whatever their rank or office, is above accountability for their crimes. Yet the Cold War put geopolitical agendas ahead of effective action against war crimes and major human rights abuses, and no permanent system to address impunity was put in place. It was only with the Cold War's end that governments turned again to international institutions to address impunity, first by establishing International Criminal Tribunals to prosecute genocide, war crimes, and crimes against humanity in the former Yugoslavia and Rwanda, and then by adopting the Rome Statute of the International Criminal Court in 1998. Domestic courts also assumed a role, notably through extradition proceedings against former Chilean President Augusto Pinochet in London, then in Belgium, Senegal, and elsewhere. At the same time, as some have announced a new era in the international community's response to atrocities, fundamental tensions persist between the immediate State interests and the demands of justice. This book is about those tensions. It reviews the rapid recent development of international criminal law, and explores solutions to key problems of official immunities, universal jurisdiction, the International Criminal Court, and the stance of the United States, seeking to clarify how justice can best be done in a system of sovereign States. Whilst neither the end of the Cold War nor the 'decline of sovereignty' in themselves make consistent justice more likely, the ICC may encourage a culture of accountability that will support more regular enforcement of international criminal law in the long term.

Should states use military force for humanitarian purposes? Well known scholars and practitioners come together in this book to provide practical and theoretical answers to this burning question. 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 organisations.

Balakrishnan Rajagopal's fundamental critique of modern international law draws attention to traditional Third World engagements. Rajagopal challenges current approaches to international law and politics either through states or through individuals. With transnational and local social movement action now becoming increasingly visible and important--as witnessed in Seattle in 1999, he demonstrates that a new global order must consider seriously the resistance of social movements in the development of international law.

Peace Agreements and Human Rights examines the place of human rights in peace agreements against the backdrop of international legal provision. The book examines the role of peace agreements in peace processes, drawing on a comprehensive appendix of over 100 peace agreements signed after 1990, in over 40 countries. Four sets of peace agreements are then examined in details, those of Bosnia Herzigovnia, Northern Ireland, South Africa and the Israeli/palestinian conflict. The Human Rights component of each of these agreements are comapred with each othe- focussing not on direct institutional comparison, but rather on the set of trade-offs which comprise the 'human rights dimension' of the agreements. This human rights dimension is also compared with relevant international law. The book focusses on the comparison of three main areas: self-determination and 'the deal', institution-building for the future, and dealing with the past. The purpose of the comparison is to illuminate thinking at three levels. First, it aims to provide some clear analysis of the role of human rights in peace agreements and the role of peace agreements in peace processes and conflicts more generally. Second, it considers whether and how international law guides or influences the negotiators who frame peace agreements, or whether international law is running to catch up with the mechanisms turned to in peace agreements. Finally, to provide a context from which to examine the relationship between justice and peace, and law and politics more generally. The author argues that the design and implementation prospects are closely circumscribed by the self-determination 'deal' at the heart of the agreement. She suggests that the entangling issues of group access to power with individual rights provision indicates the extent to which peace-making is a constitution-making project. She argues in conclusion that peace agreements are in effect types of constitution, with valuable lessons about the role of law in social change in both violent conflict and more peaceful contexts.

Millions of people are forced today to flee persecution. The core international legal instrument on which they must rely to find safety is the 1951 Convention Relating to the Status of Refugees. This book examines key challenges the Convention faces, on the basis of nine papers by eminent international refugee lawyers, which were then discussed at an expert roundtable meeting in 2001 as part of UNHCR's Global Consultations on International Protection. The papers are published here in one volume, together with the conclusions of the roundtables and other documents.

"The genocide in Rwanda showed us how terrible the consequences of inaction can be in the face of mass murder. But the conflict in Kosovo raised equally important questions about the consequences of action without international consensus and clear legal authority. On the one hand, is it legitimate for a regional organization to use force without a UN mandate? On the other, is it permissible to let gross and systematic violations of human rights, with grave humanitarian consequences continue unchecked?" (United Nations Secretrary-General Kofi Annan). This book is a comprehensive, integrated discussion of `the dilemma' of humanitarian intervention. Written by leading analysts of international politics, ethics, and law, it seeks, among other things, to identify strategies that may, if not resolve, at least reduce the current tension between human rights and state sovereignty. Humanitarian Intervention is an invaluable contribution to the debate on all aspects of this vital global issue. J.L. Holzgrefe is a Visiting Research Scholar in the Department of Political Science, Duke University. He is a former Lecturer in International Relations at the University of St. Andrews, Scotland, and visiting scholar at the Center of International Studies, Princeton University, the Center for International Affairs, Harvard University, and elsewhere. He was educated at Monash University, Australia and Balliol College, Oxford. He has published on the history of international relations thought. Robert O. Keohane is James B. Duke Professor of Political Science, Duke University. He is interested in the role played by governance in world politics, and in particular on how international institutions and transnational networks operate. He is the author of After Hegemony: Cooperation and Discord in the World Political Economy (Princeton, 1984), for which he was awarded the second annual Grawemeyer Award in 1989 for Ideas Improving World Order. He is also the author of International Institutions and State Power: Essays in International Relations Theory (Westview, 1989), co-author of Power and Independence: World Politics in Transition (Little, Brown, 1977; 3rd edition 2001), and co-author of Designing Social Inquiry: Scientific Inference in Qualitative Research (Princeton, 1994). He is a fellow of the American Academy of Arts and Sciences and has been the recipient of a Guggenheim fellowship.

The book examines current debates about the emergence of an international legal norm of democratic governance and also considers some of the wider theoretical issues to which those debates give rise. It asks should international law seek to promote democratic political arrangements? If so, on what basis, and using which of the many competing conceptions of democracy?

This book focuses on the concept of state responsibility for international crimes which gained support following the First World War, but was pushed into the background by the development of the principle of individual criminal responsibility under international law after the Second World War. The concept became the topic of debate and controversy upon its inclusion in Part I of the United Nations International Law Commission's Draft Articles on State Responsibility adopted on first reading in 1980. The book considers the history and merits of a concept which, it is argued, is currently on the threshold between lex ferenda and lex lata and has a place and an existence in international law independent from the Draft Articles on State Responsibility.

When the Allies tried German war criminals at the end of World War II they were attempting not only to punish the guilty but also to set down a history of Nazism and of what had happened in Europe. Yet as Donald Bloxham shows in this incisive new account the reality was that these proceedings failed: not only did the guilty often escape punishment but the final solution was largely written out of history in the post-war era.

This extensively revised third edition covers developments since publication of the second edition in 1997. It includes consideration of the UN human rights system, international humanitarian law, European human rights law and Inter-American human rights law. New chapters address capital punishment in African human rights law and international criminal law. An extensive list of appendices contains many of the essential documents for the study of capital punishment in international law. (Introduced with a Foreword by Judge Gilbert Guillaume, President of the International Court of Justice.) Previous Edition Hb (1997): 0-521-58135-4 Previous Edition Pb (1997): 0-521-58887-1

Armed opposition groups generally fight governments, seeking overthrow and/or secession. But who is accountable under international law for the acts committed by these groups, or for the failure to prevent these acts? Zegveld examines the need legally to identify the parties involved when armed internal conflict arises, and the reality of their demand for rights. Although currently most armed conflicts are internal, they remain largely uncharted territory in law. This award-winning study will be of interest to academics, postgraduate students and professionals involved with armed conflict and international relations.

When does international law give a group the right to choose its sovereignty? In an original perspective on this familiar question, Knop analyzes the ways that many of the groups that the right of self-determination most affects--including colonies, ethnic nations, indigenous peoples and women--have been marginalized in its interpretation. Her analysis also reveals that key cases have grappled with this problem of diversity. Challenges by marginalized groups to the culture or gender biases of international law emerge as integral to the cases, as do attempts to meet these challenges.

How do international human rights and humanitarian law protect vulnerable individuals during peace and war? Provost analyzes systemic similarities and differences between the two to examine how they are each designed to achieve their specific goals. He describes 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. He covers all relevant materials from the UN, ICTY, ICTR, and regional organizations in Europe, Africa and Latin America.

There is considerable writing on the laws designed to regulate war, but most of this material is devoted to international wars between different states. Lindsay Moir examines the laws which exist to protect civilians caught up in armed conflicts within a single state. This book traces the development of international law from the nineteenth century, up to events arising from the conflicts in Rwanda and the former Yugoslavia. It demonstrates how human rights can offer protection during armed conflict and how effectively (and by whom) the relevant rules can be enforced.

Do people everywhere have the same, or even compatible, ideas about multiculturalism, indigenous rights or women's rights? The authors of this book move beyond the traditional terms of the universalism versus cultural relativism debate. Through detailed case studies from around the world (Hawaii, France, Thailand, Botswana, Greece, Nepal and Canada) they explore the concrete effects of rights talk and rights institutions on people's lives.

The definitive work in the field, International Human Rights provides a comprehensive analysis of this wide and diverse subject area. Written by world-renowned scholars Philip Alston and Ryan Goodman, this book is the successor to the widely acclaimed International Human Rights in Context. Alston and Goodman have chosen a wide selection of materials from primary and secondary sources--legislation, case law, and academic writings--in order to demonstrate and illuminate key themes. They carefully guide students through each extract with thoughtful and lucid commentary. Questions are posed throughout the book in order to encourage deeper reflection and critical enquiry. A Companion Website features additional resources, including the first three chapters of the book, available for download.

The South African Truth and Reconciliation Commission (TRC) was set up to deal with the human rights violations of apartheid. However, the TRC's restorative justice approach did not always serve the needs of communities at a local level. Based on extended anthropological fieldwork, this book illustrates the impact of the TRC in urban African communities in Johannesburg. It argues that the TRC had little effect on popular ideas of justice as retribution. This provocative study deepens our understanding of post-apartheid South Africa and the use of human rights discourse.

This book offers a collection of original essays by a leading group of contributors which examine the role played by international human rights instruments and agendas in shaping domestic provisions for the promotion and protection of human rights and fundamental freedoms.

On July 8, 1996 the International Court of Justice handed down two Advisory Opinions on the legality of nuclear weapons. This book offers a comprehensive study of those opinions. More than thirty internationally respected experts contribute their analyses of the status of nuclear weapons in international law across all its sectors: use of force, humanitarian law, environment and human rights. The contributions also assess the implications of the opinions for international organizations and the international judicial function. Contributors include lawyers, academics, diplomats and advisors to international bodies.

Preventing Torture comprises a documentary and empirical study - of a kind rare in the field of international human rights law - of the European Convention for the Prevention of Torture and the work of the Committee (the CPT) established under it. The authors chart the international human rights background to the Convention (including the historical and contemporary use of torture), describe the travaux préparatoires, analyse the composition and modus operandi of the Committee and set the standards formulated and applied by the CPT against those developed by other human rights bodies. They also assess, on the basis of visits throughout Europe, the reactions to the Committee's work in member states and consider the implications of an enlarged Council of Europe for the CPT in the future.