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Books > Law > International law > Public international law > International humanitarian law

TERRORISM: COMMENTARY ON SECURITY DOCUMENTS VOLUME 145 - The North Korean Threat (Hardcover): Douglas C. Lovelace TERRORISM: COMMENTARY ON SECURITY DOCUMENTS VOLUME 145 - The North Korean Threat (Hardcover)
Douglas C. Lovelace
R4,768 Discovery Miles 47 680 Ships in 10 - 15 working days

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.

The End of Reciprocity - Terror, Torture, and the Law of War (Hardcover): Mark Osiel The End of Reciprocity - Terror, Torture, and the Law of War (Hardcover)
Mark Osiel
R2,193 R1,861 Discovery Miles 18 610 Save R332 (15%) Ships in 12 - 17 working days

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 in International Law (Hardcover): Jens David Ohlin, Larry May Necessity in International Law (Hardcover)
Jens David Ohlin, Larry May
R4,287 Discovery Miles 42 870 Ships in 10 - 15 working days

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.

The Human Right to Dominate (Paperback): Nicola Perugini, Neve Gordon The Human Right to Dominate (Paperback)
Nicola Perugini, Neve Gordon
R1,328 Discovery Miles 13 280 Ships in 10 - 15 working days

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.

War Reparations and the UN Compensation Commission - Designing Compensation After Conflict (Hardcover): Christopher S. Gibson,... War Reparations and the UN Compensation Commission - Designing Compensation After Conflict (Hardcover)
Christopher S. Gibson, Trevor M Rajah, Timothy J Feighery
R4,732 Discovery Miles 47 320 Ships in 10 - 15 working days

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.

The War on Terror and  the Laws of War - A Military Perspective (Paperback, 2nd Revised edition): Geoffrey S. Corn, James A.... The War on Terror and the Laws of War - A Military Perspective (Paperback, 2nd Revised edition)
Geoffrey S. Corn, James A. Schoettler, Jr., Dru Brenner-Beck, Victor M. Hansen, Dick Jackson, …
R2,292 Discovery Miles 22 920 Ships in 10 - 15 working days

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 - International Institutions and the Limits of State Authority (Hardcover): Carmen Pavel Divided Sovereignty - International Institutions and the Limits of State Authority (Hardcover)
Carmen Pavel
R4,271 Discovery Miles 42 710 Ships in 10 - 15 working days

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.
States are imperfect, incomplete political forms. They presuppose a monopoly of coercive power and final jurisdictional authority over their territory. These twin elements of sovereignty and authority can be used by state leaders and political representatives in ways that stray significantly from the interests of citizens. In the most extreme cases, when citizens become inconvenient obstacles in the pursuit of the self-serving ambitions of their leaders, state power turns against them. Genocide, torture, displacement, and rape are often the means of choice by which the inconvenient are made to suffer or vanish.
The book defends universal, principled limits on state authority based on jus cogens norms, a special category of norms in international law that prohibit violations of basic human rights. Against skeptics, it argues that many of the challenges of building an additional layer of institutions can be met if we pay attention to the conditions of institutional success, which require (1) experimentation with different institutional forms, (2) limitations on the scope of authority for coercive international institutions through clear, narrow, well defined mandates, and (3) understanding the limits of existing knowledge on institutional design, which should make us suspicious of proposals for grand institutional schemes, such as global democracy.

Proportionality in International Law (Paperback): Michael Newton, Larry May Proportionality in International Law (Paperback)
Michael Newton, Larry May
R2,837 Discovery Miles 28 370 Ships in 10 - 15 working days

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.

Inside the Politics of Self-Determination (Paperback): Kathleen Gallagher Cunningham Inside the Politics of Self-Determination (Paperback)
Kathleen Gallagher Cunningham
R1,338 Discovery Miles 13 380 Ships in 10 - 15 working days

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.
Using new data on the internal structure of all self-determination groups and their states and on all accommodation in self-determination disputes, this book shows that states with some, but not too many, internal divisions are best able to accommodate self-determination groups and avoid civil war. When groups are more internally divided, they are both much more likely to be accommodated and to get into civil war with the state, and also more likely to have fighting within the group. Detailed comparison of three self-determination disputes in the conflict-torn region of northeast India reveals that internal divisions in states and groups affect when these groups get the accommodation they seek, which groups violently rebel, and whether actors target violence against their own co-ethnics.
The argument and evidence in this book reveal the dynamic effect that internal divisions within SD groups and states have on their ability to bargain over self-determination. Kathleen Gallagher Cunningham demonstrates that understanding the relations between states and SD groups requires looking at the politics inside these actors.

Cosmopolitan War (Paperback): Cecile Fabre Cosmopolitan War (Paperback)
Cecile Fabre
R1,467 Discovery Miles 14 670 Ships in 10 - 15 working days

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 in International Law (Hardcover): Michael Newton, Larry May Proportionality in International Law (Hardcover)
Michael Newton, Larry May
R5,938 Discovery Miles 59 380 Ships in 10 - 15 working days

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.

Captured in War - Lawful Internment in Armed Conflict (Paperback, New): Els Debuf Captured in War - Lawful Internment in Armed Conflict (Paperback, New)
Els Debuf
R4,863 Discovery Miles 48 630 Ships in 10 - 15 working days

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 - Who Should Intervene? (Paperback): James Pattison Humanitarian Intervention and the Responsibility To Protect - Who Should Intervene? (Paperback)
James Pattison
R2,060 Discovery Miles 20 600 Ships in 10 - 15 working days

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.

The Responsibility to Protect (Hardcover): Jared Genser, Irwin Cotler, Desmond Tutu, V aclav Havel The Responsibility to Protect (Hardcover)
Jared Genser, Irwin Cotler, Desmond Tutu, V aclav Havel
R4,889 Discovery Miles 48 890 Ships in 10 - 15 working days

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.

War by Contract - Human Rights, Humanitarian Law, and Private Contractors (Hardcover): Francesco Francioni, Natalino Ronzitti War by Contract - Human Rights, Humanitarian Law, and Private Contractors (Hardcover)
Francesco Francioni, Natalino Ronzitti
R4,795 Discovery Miles 47 950 Ships in 10 - 15 working days

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.
Human rights and humanitarian law obligations are analysed from the point of view of their applicability to the states involved, to international organizations, and to the companies and their individual employees. Victims' access to civil remedies and the criminal prosecution of private contractors, as well as new policy issues, such as the use of private contractors in the fight against piracy, are also covered in the book.

International Territorial Administration - How Trusteeship and the Civilizing Mission Never Went Away (Paperback): Ralph Wilde International Territorial Administration - How Trusteeship and the Civilizing Mission Never Went Away (Paperback)
Ralph Wilde
R1,969 Discovery Miles 19 690 Ships in 10 - 15 working days

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.
From British colonialist Lord Lugard's 'dual mandate' to the 'state-building' agenda of the High Representative in Bosnia and Herzegovina, Lord Ashdown, wide-ranging links between the complex peace operations of today and the civilizing mission of the colonial era are established, offering a historical, political, and legal framework within which the legitimacy of, and challenges faced by, complex interventions can be appraised. This new history of international trusteeship raises important questions about the role of international law and organizations in facilitating relations of dominations and tutelage, and suggests that the contemporary significance of the self-determination entitlement needs to be re-evaluated.

Why Not Torture Terrorists? - Moral, Practical, and Legal Aspects of the 'Ticking Bomb' Justification for Torture... Why Not Torture Terrorists? - Moral, Practical, and Legal Aspects of the 'Ticking Bomb' Justification for Torture (Paperback)
Yuval Ginbar
R2,304 Discovery Miles 23 040 Ships in 10 - 15 working days

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?
The book opens with an analysis of the pure moral argument from the standpoint of the individual as torturer. It then looks at the issues that arise once a state has decided to sanction torture in certain situations: how to establish factually that the situation is urgent, deciding who to torture, training people to carry out torture, and the efficacy of torture as a means of gathering information. The final part examines attempts to operate legal systems which tolerate torture; how they relate to the criminal law notion of necessity and to international human rights norms.
After examining the utilitarian arguments for torture, and the impact on a society of permitting torture, the author presents a powerful argument for maintaining the absolute legal prohibition.

Targeted Killing in International Law (Paperback): Nils Melzer Targeted Killing in International Law (Paperback)
Nils Melzer
R2,973 Discovery Miles 29 730 Ships in 10 - 15 working days

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.
Through a comprehensive analysis of treaties, custom, and general principles of law in light of jurisprudence, doctrine, and travaux preparatoires the author demonstrates that contemporary international law provides two distinct normative paradigms which govern the use of lethal force in law enforcement and in the conduct of hostilities. Based on the resulting normative paradigms, the author shows in what circumstances targeted killings may be considered as internationally lawful. The practical relevance of the various conditions and modalities is illustrated by reference to concrete examples of targeted killing from recent State practice.
In essence the book argues that any targeted killing not directed against a legitimate military target remains subject to the law enforcement paradigm, which imposes extensive restraints on the practice. Even under the paradigm of hostilities, no person can be lawfully liquidated without further considerations. As a form of individualized or surgical warfare, the method of targeted killing requires a 'microscopic' interpretation of the law regulating the conduct of hostilities which leads to nuanced results.
The author concludes by highlighting and comparing the main areas of concern arising with regard to State-sponsored targeted killing under each normative paradigm and by placing the results of the analysis in the wider context of the rule of law.

The Oxford Companion to International Criminal Justice (Paperback): Antonio Cassese The Oxford Companion to International Criminal Justice (Paperback)
Antonio Cassese; Edited by (board members) Guido Acquaviva, Dapo Akande, Laurel Baig, Jia Bing Bing, …
R3,643 Discovery Miles 36 430 Ships in 10 - 15 working days

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.

Human Rights, Intervention, and the Use of Force (Paperback): Philip Alston, Euan Macdonald Human Rights, Intervention, and the Use of Force (Paperback)
Philip Alston, Euan Macdonald
R1,546 Discovery Miles 15 460 Ships in 10 - 15 working days

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.

The Handbook of Reparations (Paperback): Pablo De Greiff The Handbook of Reparations (Paperback)
Pablo De Greiff
R3,991 Discovery Miles 39 910 Ships in 10 - 15 working days

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.
In addition to providing a wealth of factual information about a wide range of reparations programs (some of them previously unexamined), the thematic papers break new ground, tackling issues that have not been sufficiently addressed (if at all) in the literature, including the very notion of justice in reparations for the massive cases, the relationship between material compensation and other symbolic measures of reparations, and the complicated set of questions around how to provide reparations to victims of sexual violence.
Finally, the book makes available fundamental documents on reparations, including national legislation. These documents--which are either difficult to find or have never been translated into English before--are both directly relevant to the case studies and the thematic papers, and illuminating to those thinking prospectively about the design and implementation of reparations programs.

Exporting American Dreams - Thurgood Marshall's African Journey (Hardcover): Mary L. Dudziak Exporting American Dreams - Thurgood Marshall's African Journey (Hardcover)
Mary L. Dudziak
R1,097 Discovery Miles 10 970 Ships in 10 - 15 working days

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.
In Exporting American Dreams, Mary Dudziak recounts with poignancy and power the untold story of Marshall's journey to Africa. African Americans were enslaved when the U.S. constitution was written. In Kenya, Marshall could become something that had not existed in his own country: a black man helping to found a nation. He became friends with Kenyan leaders Tom Mboya and Jomo Kenyatta, serving as advisor to the Kenyans, who needed to demonstrate to Great Britain and to the world that they would treat minority races (whites and Asians) fairly once Africans took power. He crafted a bill of rights, aiding constitutional negotiations that helped enable peaceful regime change, rather than violent resistance.
Marshall's involvement with Kenya's foundation affirmed his faith in law, while also forcing him to understand how the struggle for justice could be compromised by the imperatives of sovereignty. Marshall's beliefs were most sorely tested later in the decade when he became a Supreme Court Justice, even as American cities erupted in flames and civil rights progress stalled. Kenya's first attempt at democracy faltered, but Marshall's African journey remained a cherished memory of a time and a place when all things seemed possible.

International Criminal Law - A Critical Introduction (Paperback): Alexander Zahar, Goran Sluiter International Criminal Law - A Critical Introduction (Paperback)
Alexander Zahar, Goran Sluiter
R1,079 Discovery Miles 10 790 Ships in 2 - 4 working days

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.

Humanitarian Intervention and International Relations (Paperback): Jennifer M. Welsh Humanitarian Intervention and International Relations (Paperback)
Jennifer M. Welsh
R2,621 Discovery Miles 26 210 Ships in 10 - 15 working days

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.

The Manual of the Law of Armed Conflict (Paperback): UK Ministry of Defence The Manual of the Law of Armed Conflict (Paperback)
UK Ministry of Defence
R2,771 Discovery Miles 27 710 Ships in 10 - 15 working days

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

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