This book introduces the reader to the Common European Asylum System (CEAS), its background, its law and policy documents as well as its current state and future direction. The CEAS comprises the European Union's legislation and policy on asylum. Its objective is to attain similar sets of procedures and protection for asylum seekers and refugees in the EU Member States. To assess the current developments of the CEAS, the author took the conclusions of the European Council meeting of Tampere as a yardstick. The implementation of the EU's asylum legislation in practice was also evaluated. For that purpose the implication of the CEAS at the national level had to be analyzed in at least one of the EU Member States. Slovakia, a new Member State, was chosen as an example because of its geographical position at the external border of the EU and the high number of asylum applicants within its borders. The author analyzes asylum law at two levels: EU law and national law against the background of international law (the 1951 Geneva Convention Relating to the Status of Refugees). The Hague Programme, other policy instruments and the Treaty establishing a Constitution for Europe are also dealt with from an asylum perspective. Finally, a well-balanced critique of the CEAS is given, providing views and expectations concerning its future direction. This book is important for all those who deal with asylum matters, such as practitioners, parliamentarians and NGOs. It serves as a reference for further discussions and studies in the context of the EU, and it will also be useful as a reference work for further EU enlargement and the development of the asylum system. Olga Ferguson Sidorenko is currently employed as an Associate Legal Officer at the International Criminal Tribunal for the Former Yugoslavia. She obtained her law degree in 1998 at the Comenius University in Bratislava, Slovakia, and her doctorate in 2006 at the Erasmus Universiteit Rotterdam, the Netherlands. She lectured in International Law at the Comenius University and in EU Law at the Erasmus Universiteit Rotterdam and the University of Economics Bratislava.

This book addresses an essential gap in the regulatory regime, which provides legislation, statements and guidelines on airlines, airports, air navigation services providers and States in the field of aviation, but is notably lacking when it comes to the rights of the airline passenger, and the average citizen who is threatened by military air strikes. It addresses subjects such as international resolutions on human rights and other human rights conventions related to aviation that impact both air transport consumers and people on the ground who are threatened by air strikes through drone attacks; disabled and obese airline passengers; compensation for delayed carriage and the denial of carriage; noise and air pollution caused by aviation and their effects on human health and wellbeing; prevention of death or injury to passengers and attendant compensatory rights; risk management; relief flights; and racial profiling. These subjects are addressed against the backdrop of real case studies that include but are not limited to instances of drone attacks, and contentious flights in the year 2014 such as MH 370, MH 17 and QZ 8501.

'Child Soldiers and the Lubanga Case' and 'The Tallinn Manual on the International Law Applicable to Cyber Warfare' are the two central themes of this volume. Each of these timely topics is addressed from three different angles, providing a truly comprehensive analysis of the subject. The book also features an article on the duty to investigate civilian casualties during armed conflict and its implementation in practice and an elaborate year in review, discussing developments that occurred in 2012. The Yearbook of International Humanitarian Law is the world's only annual publication devoted to the study of the laws governing armed conflict. It provides a truly international forum for high-quality, peer-reviewed academic articles focusing on this crucial branch of international law. Distinguished by contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students.

"Timely and significant." Church Times A pioneer of humanitarianism and founder of the International Red Cross, Henry Dunant was many things over his lifetime. A devout Christian and social activist, an ambitious but failed businessman, a humanitarian genius, and a bankrupt recluse. In this biography, Corinne Chaponniere reveals the tumultuous trajectory of Henry's life. From his idyllic childhood in Geneva, she follows Henry through the horrors of the Battle of Solferino, his creation of the Red Cross and role in the Geneva Conventions, the disgrace of his bankruptcy and his resurrection as a Nobel Peace Prize winner. It shows how this champion of wounded soldiers and prisoners of war was not an unblemished picture of piety and goodness, but that his empathy and good works played out in tandem with his social ambition and personal drive. It shows how even the best of us fall on hard times, and that the Red Cross was born out of humanitarian ideals coupled with a desire for personal success. This book reveals the story of Henry Dunant, blemishes and all, against the backdrop of the horrors of war, the weight of religion and the birth of humanitarianism in the 19th century.

This book provides an analysis of whether the International Criminal Court can be regarded as an International Criminal World Court, capable of exercising its jurisdiction upon every individual despite the fact that not every State is a Party to the Rome Statute. The analysis is based on a twin-pillar system, which consists of a judicial and an enforcement pillar. The judicial pillar is based on the most disputed articles of the Rome Statute; its goal is to determine the potential scope of the Court's strength through the application of its jurisdiction regime. The enforcement pillar provides an analysis of the cooperation and judicial assistance mechanism pursuant to the Rome Statute's provisions and its practical implementation through States' practices. The results of the analysis, and the lack of an effective enforcement mechanism, demonstrate that the ICC cannot in fact be considered a criminal world court. In conclusion, possible solutions are presented in order to improve the enforcement pillar of the Court so that the tremendous strength of the ICC's judicial pillar, and with it, the exercise of worldwide jurisdiction, can be effectively implemented.

The Courts of Genocide focuses on the judicial response to the genocide in Rwanda in order to address the search for justice following mass atrocities. The central concern of the book is how the politics of justice can get in the way of its administration. Considering both the ICTR (International Criminal tribunal for Rwanda), and all of the politics surrounding its work, and the Rwandan approach (the Gacaca courts and the national judiciary) and the politics that surround it, The Courts of Genocide addresses the relationship between these three 'courts' which, whilst oriented by similar concerns, stand in stark opposition to each other. In this respect, the book addresses a series of questions, including: What aspects of the Rwandan genocide itself played a role in directing the judicial response that has been adopted? On what basis did the government of Rwanda decide to address the genocide in a legalistic manner? Around what goals has each judicial response been organized? What are the specific procedures and processes of this response? And, finally, what challenges does its multifaceted character create for those involved in its operation, well as for Rwandan society? Addressing conceptual issues of restorative and retributive justice, liberal legalism and cosmopolitan law, The Courts of Genocide constitutes a substantially grounded reflection upon the problem of 'doing justice' after genocide.

This book analyses the politics of the humanitarian disarmament community-a loose coalition of activist and advocacy groups, humanitarian agencies and diplomats-who have successfully achieved international treaties banning landmines, cluster munitions and nuclear weapons, as well as restricting the global arms trade. Two campaigns have won Nobel Peace Prizes. Disarmament has long been a dirty word in the international relations lexicon. But the success of the humanitarian disarmament agenda shows that people often choose to prohibit or limit certain violent technologies, for reasons of security, honour, ethics or humanitarianism. This edited volume showcases interdisciplinary research by scholars and practitioners seeking to understand the dynamics and impact of the new global activism on weapons. While some raise concerns that humanitarian disarmament may be piecemeal and depoliticizing, others see opportunities to breathe new life into moribund arms control policymaking. Foreword by 1997 Nobel Peace Prize Laureate Jody Williams.

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."

'Anyone interested in the future of autocracy should buy it' Anne Applebaum, author of Twilight of Demoracy **Shortlisted for the Moore Prize for Human Rights Literature** A devastating account of China's genocide of the Uyghurs, by a leading Uyghur activist and Time #100 nominee Nury Turkel was born in a 're-education' camp in China at the height of the Cultural Revolution. He spent the first several months of his life in captivity with his mother, who was beaten and starved while pregnant with him, whilst his father served a penal sentence in an agricultural labour camp. Following this traumatic start - and not without a heavy dose of good fortune - he was later able to travel to the US for his undergraduate studies in 1995 and was granted asylum in the country in 1998 where, as a lawyer, he is now a tireless and renowned activist for the plight of his people. Part memoir, part call-to-action, No Escape will be the first major book to tell the story of the Chinese government's terrible oppression of the Uyghur people from the inside, detailing the labour camps, ethnic and religious oppression, forced sterilisation of women and the surveillance tech that have made Xinjiang - in the words of one Uyghur who managed to flee - 'a police surveillance state unlike any the world has ever known'.

Whereas states formerly had a right to wage war under a wide range of cicumstances, now war is legally permitted only in self defence. Yet wars persist. If their incidence is to be reduced, we must understand the forces that maintain war as an institution. The contributors to this book consider the nature of war and the forces that sustain it from diverse perspectives ranging from anthropology, history, political science, theology, philosophy, international law, economics, psychiatry and biology. The complexity of modern war requires understanding not only of several layers of social complexity - individuals, groups, societies - but also of the dialectical relations between those levels. This implies that individuals can contriburte towards a reduction in wars incidence.

The practice of using children to participate in conflict has become a defining characteristic of 21st century warfare and is the most recent addition to the canon of international war crimes. This text examines the development of this crime of recruiting, conscripting or using children for participation in armed conflict, from human rights principle to fully fledged war crime, prosecuted at the International Criminal Court. The background and reasons for the growing use of children in armed conflict are analysed, before discussing the origins of the crime in international humanitarian law and human rights law treaties, including the Convention on the Rights of the Child and its Optional Protocol. Specific focus is paid to the jurisprudence of the Special Court for Sierra Leone and the International Criminal Court in developing and expanding the elements of the crime, the modes of ascribing liability to perpetrators and the defences of mistake and negligence. The question of how the courts addressed issues of cultural sensitivity, notably in terms of the liability of children, is also addressed.

This book analyses the UN's Agenda 2030 and reveals that progress is lagging on all five interlocking and interdependent themes that are discussed: conflict prevention, development, peace, justice and human rights. Many voices have already been raised, including that of the UN Secretary-General that the Sustainable Development Goals will not be met by 2030 unless there is a re-doubling of efforts. Still, on development as such, there is much striving. The book puts the concept of preventive diplomacy into all of the issues of modern international relations, from the US/China confrontation to the various conflicts bedeviling Africa. It bridges the two worlds of the international relations specialist on the one hand and that of the academic interested in UN affairs on the other hand. There is normally little contact between those two specializations. The authors have taken several current issues to show how the millennium debates and the SDG targets are relevant to "realist school" conflicts, and that there is work under way to operationalize ideas and theories in this respect. This is the first ever discussion of the conflict prevention dimension in the UN's Agenda 2030 which seeks to advance sustainable development with a view to reinforcing peace and justice on the foundations of respect for universal human rights.

This book offers a comprehensive analysis of the legal questions that arise for the legislative branch when implementing the crime of aggression into domestic law. Despite being the crime that gave birth to international criminal law in Nuremberg, the crime of aggression has been sidelined. It has been incorporated into domestic law by fewer than 20 States since its definition was included in the ICC Statute in 2010. Furthermore, it was omitted in the rich debate held among German scholars in the early 2000s regarding the legislative implementation of other ICC Statute crimes. The current jurisdictional inability of the International Criminal Court to respond to the Russian aggression of Ukraine invites the continuation of these academic debates without neglecting the particularities of the crime of aggression. The volume starts by assessing whether there is an obligation to criminalize aggression domestically. Irrespective of such an obligation, there is a need for implementing the crime, underscored by the book's identified normative gaps under domestic law and jurisdictional gaps under the ICC Statute. To facilitate the operationalization of domestic implementation, the book explores the technical options for incorporating the definition of Article 8bis of the ICC Statute into domestic law. It also questions how to specify the geographical ambit of domestic jurisdiction in compliance with international law, which includes the controversy about universal jurisdiction. Although it primarily deals with prescriptive jurisdiction, the book ends with the discussion of legal challenges, such as immunities, that arise when domestic courts apply the enacted laws against foreign aggressors. The volume is aimed primarily at researchers and States with an interest in the domestic implementation of international criminal law but those already working in the field should also find much of their interest contained within it. Dr. Annegret Hartig is Program Director of the Global Institute for the Prevention of Aggression and worked as a researcher at University of Hamburg where she obtained her doctoral degree in international criminal law.

This book is written in memory of Avril McDonald, who passed away in April 2010. Avril was an inspired and passionate scholar in the fields of international humanitarian law, international criminal law, human rights law and law in the field of arms control and disarmament. What in particular made Avril's work special, was her strong commitment with the human aspects throughout. Fourteen scholars and practitioners have contributed to this liber amicorum, which has led to a rich variety of topics within the disciplines of Avril's expertise. They all have in common that they deal with the human perspectives of the discipline of law at hand. They concentrate on the impact of the developments in international law on humans, whether they are civilians, victims of war or soldiers. This human perspective of law makes this book an appropriate tribute to Avril McDonald and at the same time a unique and valuable contribution to international legal research in the present society. A society that becomes more and more characterized by detailed legal systems, defined by institutions that may frequently lack sufficient contact with the people concerned.

With a Foreword by Paul J.G. Kapteyn, Former President of Chamber at the Court of Justice of the European Communities Important practical and theoretical issues remain to be explored and discussed in respect of the so-called three pillars of the European Union (European Communities, Common Foreign and Security Policy, Police and Judicial Co-operation in Criminal Matters) in relation to international law. In practical examples, developed in 25 original essays written by both practitioners and scholars from European institutions and universities, this book seeks to stimulate discussion on relations and conflicts between the EU and international legal orders. Current issues are addressed including the suspension of rights of Member States in international organisations, the definition of the precautionary principle under WTO and EC law, the UN Convention against transnational organised crime, and the participation of the EU; the EU and its involvement in international humanitarian law, and the EU Charter of Fundamental Rights related to international instruments. Although changing, the relationship between the European Union and international law has not given rise to many publications - this book seeks to establish a dialogue between EU lawyers and international lawyers, in order to focus on the relationship between EU and international law.

The North is being increasingly confronted with a new phenomenon of migration: the so-called 'health tourism' of irregular migrants. One can already recognize a tendency among would-be migrants who either overstay their visas, or arrive under the pretext of being asylum-seekers, to come to the North with the intention of receiving medical treatment, in particular complicated surgery or other expensive forms of treatment, which they cannot get in their countries of origin, certainly not free of charge. Moreover, many others use 'illness' as a pretext or a reason for not being returned, or to obtain leave of stay. In this respect one needs to take into account that public health services in most Western European and North American countries are already overloaded as a consequence of modern medical developments, but also in view of the general increase in the percentage of old people among the population. Inmany countries there are long waiting lists for non-urgent operations and contributions to health systems have to be constantly increased in order to cover the extensive costs of modern medical treatment.

This book aims to determine UNESCO's capability to facilitate heritage protection measures pre-conflict, emergency response measures during conflict and reconstruction efforts post-conflict. The book employs document analysis to ascertain UNESCO's legal obligations when it comes to facilitating cultural heritage protection in its Member States' territories in the condition of armed conflict, while drawing comparisons with the reality of the organisation's presence and involvement in Yemen, Syria and Iraq. This study maps shifts in UNESCO's level of communication with each country's respective government and civil authorities; allocation of financial, human and material resources; and implementation of heritage safeguarding and reconstruction initiatives. Both quantitative and qualitative data shows UNESCO to exhibit great inequity in engagement, at times, closing communications entirely with Syria, due to the political standpoints of other UNESCO Member States. This political gridlock is often shown to result in the organisation overstating its ability to safeguard or restore heritage, with promises not being followed up with action. Since 2015, UNESCO has expressed a stronger intent to be a key player in heritage protection during armed conflict, however as long as cultural heritage protection is not considered a humanitarian concern, UNESCO will not be able to circumvent much of the political and bureaucratic barriers facing intergovernmental organisations during conflict, which prevent emergency action from being implemented. In order to ensure heritage safeguarding is permitted during periods of significant unrest, regardless of political discord, it is crucial that UNESCO promote a people-centred approach to its cultural heritage protection initiatives. This book evidences that focusing on livelihoods and meaningful and practical connections between populations and their local heritage to be UNESCO's optimal methodological approach for justifying cultural heritage protection as a humanitarian necessity. The book's readership includes academics, researchers, and practitioners in the fields of political science, law and heritage studies.

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.

This book provides an article-by-article commentary on the text of the Chemical Weapons Convention (CWC) and its Annexes, one of the cornerstone disarmament and arms control agreements. It requires the verified elimination of an entire category of weapons of mass destruction and their means of production by all its States Parties within established time lines, and that prohibits any activities to develop or otherwise acquire such weapons. Cross-cutting chapters alongside the detailed commentary, by those intimately involved in the development of the Convention, assess the history of the efforts to prohibit chemical weapons, the adoption of the Convention and the work of the Preparatory Commission, the entry into force of the Convention to the Second Review Conference, and the need for a new approach for the governance of chemical weapons. Written by those involved in its creation and implementation, this book critically reviews the practices adopted in implementing the Convention, as well as the challenges ahead, and provides legal commentary on, and guidance for, its future role. It assesses how to adapt its implementation to advances in science and technology, including the discovery of new chemicals and the development of biochemical 'non-lethal' compounds that influence behaviour. It addresses the legal framework within which the Organization for the Prohibition of Chemical Weapons (OPCW) takes decisions, both with regard to the OPCW's own regulatory framework and regarding wider international norms, accepted principles, and practices. The Commentary draws conclusions on how the prohibitions against chemical weapons can be strengthened and the stature of the OPCW protected. It highlights the involvement of industry and academia in this prohibition, creating a symbiosis between effective governance and the legal framework of the Convention. This book is an authoritative, scholarly work for anyone interested in the Chemical Weapons Convention, in international disarmament and arms control law, and in the work of international organizations, and a practical guide for individuals and institutions involved in the Convention's day-to-day implementation.

This volume of the Yearbook of International Humanitarian Law takes a close look at the role of so-called "expert manuals" in the interpretation and development of the international law of armed conflict and connected branches of international law relating to military operations. While these manuals can and do play an undoubtedly useful role, their proliferation raises a number of questions. What degree of authority do they have and how much weight should be given to the views expressed in them? What is the methodology they employ and how effective is it in ensuring an as objective and impartial interpretation of the law as possible? What is their place in the doctrine of sources? While there is already a considerable body of literature addressing these and other relevant questions, this volume aims to contribute further to this discussion with contributions by three experts involved in one or more of these manuals in one capacity or another. Alongside these three contributions on this year's special theme, the second part of the book comprises three chapters that address timely and relevant issues of International Humanitarian Law. These range from starvation as a method of warfare, to emerging technologies of warfare, and also includes reflections on humanitarian assistance. Lastly, the volume concludes with the Year in Review, describing the most important armed conflict-related events and legal developments that took place in 2020. The Yearbook of International Humanitarian Law is a leading annual publication devoted to the study of international humanitarian law. It provides a truly international forum for high-quality, peer-reviewed academic articles focusing on this crucial branch of international law. Distinguished by contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students.

Until the Amsterdam Treaty,law and policymaking in the field of immigration remained a national function, though in practice there was much co-operation (the so-called Third Pillar). Now these powers have been transferred to the European Community as First Pillar powers. Only Denmark, Ireland and the UK have opted out. This book looks at the likely effects of this substantial transfer of powers to the Community. How will the powers and responsibilities be divided? How should the powers be exercised? Will there be input from the public into policymaking? What role will Parliaments play? Will migrants suffer? The foremost scholars from many European countries try to answer these and other questions, offering a variety of legal and social viewpoints. Contributors: Pieter Boeles (Amsterdam and Leiden), Antje Weiner (Hannover), Cristina Gortazar (Madrid), Guy Goodwin-Gill (Oxford), Nicholas Blake QC (London), Johannes van der Klaauw (UNHCR Brussels), Jens Vedsted Hansen (Aahus), Elspeth Guild (Nijmegen and London), Kees Groenendijk (Nijmegen), Gisbert Brinkmann (Bonn), John Crowley (CERI, Paris), Deirdre Curtin (Utrecht), Roger Errera (Paris), Steve Peers (Essex), Carol Harlow (LSE), Gregor Noll (Lund).

This book provides an original legal analysis of child soldiers recruited into armed groups or forces committing mass atrocities and/or genocide as the victims of the genocidal forcible transfer of children. Legal argument is made regarding the lack of criminal culpability of such child soldier 'recruits' for conflict-related international crimes and the inapplicability of currently recommended judicial and non-judicial accountability mechanisms in such cases. The book challenges various anthropological accounts of child soldiers' alleged 'tactical agency' to resist committing atrocity as members of armed groups or forces committing mass atrocity and/or genocide. Also provided are original interpretations of relevant international law including an interpretation of the Rome Statute age-based exclusion from prosecution of persons who were under 18 at the time of perpetrating the crime as substantive law setting an international standard for the humane treatment of child soldiers.

This book critically analyses diverse international criminal law (ICL) issues in light of recent developments in the international criminal justice system following the pursuit of accountability in Africa and around the world. It gives a scholarly analysis of issues pertaining to ICL and the pursuit of accountability in Africa by way of several topics including universal jurisdiction in Africa, Boko Haram in Nigeria, the legitimacy of the ICTR, the law of genocide committed against the Herero and Nama peoples, the African perspective on international co-operation in criminal matters, the Malabo Protocol, and whether an African Regional Court is a viable alternative to the ICC. Further discussed are other aspects of ICL, such as prosecuting sexual and gender-based crimes at the ICC, sexual and gender-based crimes perpetrated against men, guilty pleas within ICL and slavery within international criminal justice. With this, the book also refers to the jurisprudence of several international courts and tribunals including the ICTR, the ICTY, the SCSL, the ICC, the ECCC, the KSC, and the STL. This timely contributed volume updates international criminal law experts, practitioners, academics, human rights activists and other stakeholders on contemporary developments in ICL and provides recommendations that address accountability for mass atrocity crimes and ideas for strategic ICL litigation at the national, international, regional and sub-regional levels. It will prompt constructive exchanges on what can be improved in prosecuting mass atrocity crimes around the world. Takeh B.K. Sendze is an Advocate and Legal Officer with the United Nations International Residual Mechanism for Criminal Tribunals in Arusha, Tanzania. Adesola Adeboyejo is a Trial Lawyer at the International Criminal Court. Sir Howard Morrison QC is a former International Judge and an Associate Tenant at Doughty Street Chambers in London, United Kingdom. Sophia Ugwu is a Solicitor and Advocate who founded the Centre for African Justice, Peace and Human Rights in The Hague, The Netherlands.

This contributed volume examines the trend whereby the EU resorts ever more often to informal arrangements and deals with third countries in an effort to curb and manage migration flows towards the EU and facilitate the return of irregular migrants to their countries of origin or transit. The perceived success of the EU-Turkey deal provided a strong impetus for the continuation of this trend. The contributions collected and presented in this book aim to shed light on the implications of this trend for the EU constitutional order, the human rights of those affected by these deals, the third countries with which the EU cooperates, and the global refugee protection regime. They demonstrate how these deals raise more issues than they solve; by, for instance, sidestepping established Treaty rules and procedures, violating the human rights of those affected, and overburdening the nascent migration and asylum systems of third country partners. This book, the first volume to appear in the Global Europe Series, will be of great interest to researchers and policy makers working in the field of migration and asylum. Eva Kassoti and Narin Idriz work in the Research Department of the T.M.C. Asser Institute in The Hague.