This book presents thirteen chapters which probe the "tales less told" and "pathways less traveled" in refugee camp living. Rohingya camps in Bangladesh since August 2017 supply these "tales" and "pathways". They dwell upon/reflect camp violence, sexual/gender discrimination, intersectionality, justice, the sudden COVID camp entry, human security, children education, innovation, and relocation plans. Built largely upon field trips, these narratives interestingly interweave with both theoretical threads (hypotheses) and tapestries (net-effects), feeding into the security-driven pulls of political realism, or disseminating from humanitarian-driven socioeconomic pushes, but mostly combining them. Post-ethnic cleansing and post-exodus windows open up a murky future for Rohingya and global refugees. We learn of positive offshoots (of camp innovations exposing civil society relevance) and negative (like human and sex trafficking beyond Bangladeshi and Myanmar borders), as of navigating (a) local-global linkages of every dynamic and (b) fast-moving current circumstances against stoic historical leftovers.

This book provides a clear and concise explanation of the central principles of international humanitarian law (or the law of armed conflict) while situating them in a broader philosophical, ethical and legal context. The authors consider a range of wider issues relevant to international humanitarian law, including its ethical foundations, relationship to other bodies of international law and contemporary modes of enforcement. This helps to develop a richer context for understanding the law of war and a sound basis for examining the changing nature of contemporary armed conflict. The book also discusses important recent decisions by international courts and tribunals, tracks the historical development of humanitarian principles in warfare and considers the legal position of states, individuals and non-state groups. Principles of International Humanitarian Law is an important resource for students of international humanitarian law and International law academics, as well as international humanitarian law practitioners. Contents: Preface 1. The Concept of Armed Conflict 2. Sources of International Humanitarian Law 3. Means and Methods of Warfare 4. Protection of Civilians 5. Protection of Combatants Hors de Combat 6. Humanitarianism and Human Rights 7. Liability of States and Non-State Groups 8. Liability of Individuals Index

During the last decade, the image of war correspondents in the news has shifted dramatically. Reports are no longer full of cheerleading stories of embedded journalists. Instead, stories of war reporters being attacked, kidnapped or injured prevail. Sadly, the former heroic witnesses to war have become victims of their own story. In this book, Nina Burri provides the first comprehensive analysis on how international law protects professional and citizen journalists, photographers, cameramen and their support staff during times of war. Using examples from recent armed conflicts in Iraq, Libya, Gaza and Syria, Burri explores the means, methods and risks of contemporary war coverage and examines the protection of news providers by international humanitarian law, international criminal law and human rights law.

This book provides a detailed history of the global movement to ban anti-personnel landmines (APL), marking the first case of a successful worldwide civil society movement to end the use of an entire category of weapons. In March 1995, Belgium became the first state to pass a domestic anti-personnel landmine ban. In December 1997, 122 states joined Belgium in signing the comprehensive Mine Ban Treaty, also known as the Ottawa Treaty. The movement to ban landmines became a turning point in global politics that continues to influence policy and strategy decisions regarding weapon use today. Disarming States: The International Movement to Ban Landmines describes how non-government organizations (NGOs) brought the landmine issue to international attention by forming the International Campaign to Ban Landmines (ICBL). The author presents new information gleaned from interviews and intensive research conducted around the world. The critical role of mid-size states—such as Austria, Canada, and Switzerland—recruited to back the movement's goals is examined. The book concludes by examining how NGOs affect the international political agenda, especially in seeking legal prohibitions on weapons and changes in states' behaviors.

The law on the use of force in relation to the maintenance of international peace remains one of the most important areas of international law and international relations to date. Rather than simply provide another factual account of the law in this area, this detailed and analytical book seeks to explore its normative aspects. Rooted in public international law, the book provides insight into the historical evolution and sociological environment of this particular branch of law. The competences and practice of the UN and of regional organizations in maintaining peace are examined before the focus is shifted to the inter-State level, the main non-use of force rule and its claimed or recognized exceptions. Robert Kolb analyses each of these rules separately, before concluding with insightful reflections on the current state-of-play and considerations for future developments. Inquiring, yet practical, this book will appeal to students and scholars studying both international law and international relations, particularly with regard to peace and conflict. It will also be of interest to government officials working in the field.

A leading theme in this impressive collection of essays in honour of Professor Gudmundur Alfredsson is the advancement of international rules and mechanisms to empower individuals, groups and peoples everywhere to pursue their rights nationally, regionally and internationally. The book deals with the many areas of international law and national policies and practices in which important progress has been made since the adoption of the Universal Declaration of Human Rights for better protection of human rights in the modern world. It equally provides a critical discussion of the difficulties and failures in various areas and probes questions and issues that are pending solution at the national, regional or universal levels. The book begins with the examination by several authors from their different perspectives (general international law, international human rights law and humanitarian law) of the existence and meaning of the right to peace. Subsequent chapters examine in detail the standard setting, monitoring and other ways of ensuring compliance by States and international organizations with the applicable human rights rules. A special chapter is devoted to the rights of indigenous peoples and minorities, an issue of particular interest and concern to Gudmundur Alfredsson. The contributors are academics or practitioners in the field of international law and human rights, nearly all of whom having in their own work been closely associated with Professor Alfredsson's various projects aimed at the promotion and protection of human rights. "This is a remarkable book, written by insiders for one of the most prominent players in the international human rights system, particularly at the UN level. It can serve as a genuine commentary on many of the most burning issues within that system, ranging from the performance of the UN Human Rights Council and the situation of "UNmikistan" (Kosovo) to the latest developments of the law on minorities and indigenous peoples, both at the global and regional level." H.E. Judge Bruno Simma, International Court of Justice.

The law of occupation imposes two types of obligations on an army that seizes control of enemy land during armed conflict: obligations to respect and protect the inhabitants and their rights, and an obligation to respect the sovereign rights of the ousted government. In theory, the occupant is expected to establish an effective and impartial administration, to carefully balance its own interests against those of the inhabitants and their government, and to negotiate the occupation's early termination in a peace treaty. Although these expectations have been proven to be too high for most occupants, they nevertheless serve as yardsticks that measure the level of compliance of the occupants with international law.
This thoroughly revised edition of the 1993 book traces the evolution of the law of occupation from its inception during the 18th century until today. It offers an assessment of the law by focusing on state practice of the various occupants and reactions thereto, and on the governing legal texts and judicial decisions. The underlying thought that informs and structures the book suggests that this body of laws has been shaped by changing conceptions about war and sovereignty, by the growing attention to human rights and the right to self-determination, as well as by changes in the balance of power among states. Because the law of occupation indirectly protects the sovereign, occupation law can be seen as the mirror-image of the law on sovereignty. Shifting perceptions on sovereign authority are therefore bound to be reflected also in the law of occupation, and vice-versa.

Promoting Accountability under International Law for Gross Human Rights Violations in Africa reflects primarily upon the work of the International Criminal Tribunal for Rwanda in challenging impunity for serious crimes committed in Rwanda in 1994. The authors, among whom are leading scholars and practitioners of international law, draw lessons for future tribunals such as the permanent International Criminal Court.

Read also Alexander Lott's blog on the recent Award of the Annex VII Arbitral Tribunal in the dispute concerning the Kerch Strait incident. Hybrid Threats and the Law of the Sea debates the practice of states that have resorted to discriminatory navigational restrictions or aggression against foreign ships and aircraft in densely navigated straits. The book explores both widely acknowledged and lesser-known maritime incidents that meet the characteristics of hybrid warfare or hybrid conflict. This research approaches hybrid threats from the perspective of the interrelationship between navigational restrictions, law enforcement, armed attack, and the legal regime of straits. It provides guidance for determining whether the rules of armed conflict or law enforcement are applicable to various naval incidents.

Allen examines the maritime counterproliferation activities of nations participating in the Proliferation Security Initiative, as set out in their Statement of Interdiction Principles. He explains the framework for conducting maritime interception activities, examines the importance of intelligence to PSI operations, and assesses the legal issues raised by those operations. The threat of WMD use by terrorist groups and rogue regimes has added new urgency to global security discussions. Responses to the dangers posed by WMD include the nonproliferation regime, safeguards for WMD materials while in transit, export controls, treaties on terrorism, Security Council resolutions, and the new Protocol to the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation. The existing nonproliferation regime will never, by itself, provide an adequate level of security. As a result, risk management strategies must include layered counterproliferation activities and consequence management. Counterproliferation measures may include maritime interdictions. The Proliferation Security Initiative, a cooperative undertaking launched in 2003, provides a framework for those interdictions. The framework was formalized in the Statement of Interdiction Principles. After providing an overview of the threats posed by WMD proliferation, this book surveys the nonproliferation regime and counterproliferation measures states have adopted to supplement it. It next provides an overview of maritime interception operations and the intelligence issues surrounding them, before turning to the laws governing such operations. It then examines each of the actions described in the PSI Statement of Interdiction Principles to assess their compliance with applicable laws. Finally, it looks at the laws that establish the responsibility of states for taking unwarranted counterproliferation actions against vessels.

When does international law allow a State or group of States to adopt trade measures in order to "coerce" another State to comply with its international obligations to ensure respect for human rights? In answering this question this book draws together complex areas of international law which include the rules prohibiting interference in the internal affairs of sovereign States, the rules regulating extra-territorial exercises of jurisdiction, the law of State responsibility and the international legal rules requiring the protection of human rights and regulating international trade. The literature on "Trade and ..." issues invariably focuses on a limited number of these areas, or approaches the issues from an international relations or economic perspective. This book will assist specialists in international human rights law and international trade law, academic and government lawyers who advise on or implement international trade policy and those studying the use of human rights related trade measures.

After a controversial war in which he was ousted and captured by United States forces, Saddam Hussein was arraigned before a war crimes tribunal. Slobodan Milosevic died midway through his contentious trial by an international war crimes tribunal at The Hague. Calls for intervention and war crimes trials for the massacres and rapes in Sudan's Darfur region have been loud and clear, and the United States remains fiercely opposed to the permanent International Criminal Court. Are war crimes trials impartial, apolitical forums? Has international justice for war crimes become an entrenched aspect of globalization? In Global Justice, Moghalu examines the phenomenon of war crimes trials from an unusual, political perspective-that of an anarchical international society. After a controversial war in which he was ousted and captured by United States forces, Saddam Hussein was arraigned before a war crimes tribunal. Slobodan Milosevic died midway through his contentious trial by an international war crimes tribunal at The Hague. Calls for intervention and war crimes trials for the massacres and rapes in Sudan's Darfur region have been loud and clear, and the United States remains fiercely opposed to the permanent International Criminal Court. Are war crimes trials impartial, apolitical forums? Has international justice for war crimes become an entrenched aspect of globalization? In Global Justice, Moghalu examines the phenomenon of war crimes trials from an unusual, political perspective-that of an anarchical international society. He argues that, contrary to conventional wisdom, war crimes trials are neither motivated nor influenced solely by abstract notions of justice. Instead, war crimes trials are the product of the interplay of political forces that have led to an inevitable clash between globalization and sovereignty on the sensitive question of who should judge war criminals. From Germany's Kaiser Wilhelm to the Japanese Emperor Hirohito, from the trials of Milosevic, Saddam Hussein, and Charles Taylor to Belgium's attempts to enforce the contested doctrine of universal jurisdiction, Moghalu renders a compelling tour de force of one of the most controversial subjects in world politics. He argues that, necessary though it was, international justice has run into a crisis of legitimacy. While international trials will remain a policy option, local or regional responses to mass atrocities will prove more durable.

Detention of Non-State Actors engaged in Hostilities: The Future Law explores legal dilemmas facing detention management during military missions overseas. Armed forces increasingly find themselves facing non-international armed conflict with non-state actors, such as insurgents, terrorists or other civilians, whom they might be permitted to kill or capture in some circumstances. The book considers the legal powers of military forces to apprehend non-State actors and to hold them in ongoing detention or to transfer them to judicial authorities for prosecution. It deals with both theoretical approaches and practical case studies concerning management and treatment of detainees. It concludes by synthesizing the options and delivering a detailed set of guidelines that are proposed as emerging norms for the detention of non-state actors in an armed conflict.

The Syrian war has been an example of the abuse and insufficient delivery of humanitarian assistance. According to international practice, humanitarian aid should be channelled through a state government that bears a particular responsibility for its population. Yet in Syria, the bulk of relief went through Damascus while the regime caused the vast majority of civilian deaths. Should the UN have severed its cooperation with the government and neglected its humanitarian duty to help all people in need? Decision-makers face these tough policy dilemmas, and often the "neutrality trap" snaps shut. This book discusses the political and moral considerations of how to respond to a brutal and complex crisis while adhering to international law and practice. The author, a scholar and senior diplomat involved in the UN peace talks in Geneva, draws from first-hand diplomatic, practitioner and UN sources. He sheds light on the UN's credibility crisis and the wider implications for the development of international humanitarian and human rights law. This includes covering the key questions asked by Western diplomats, NGOs and international organizations, such as: Why did the UN not confront the Syrian government more boldly? Was it not only legally correct but also morally justifiable to deliver humanitarian aid to regime areas where rockets were launched and warplanes started? Why was it so difficult to render cross-border aid possible where it was badly needed? The meticulous account of current international practice is both insightful and disturbing. It tackles the painful lessons learnt and provides recommendations for future challenges where politics fails and humanitarians fill the moral void.

This multidisciplinary book introduces readers to original perspectives on crimmigration that foster holistic, contextual, and critical appreciation of the concept in Australia and its individual consequences and broader effects. This collection draws together contributions from nationally and internationally respected legal scholars and social scientists united by common and overlapping interests, who identify, critique, and reimagine crimmigration law and practice in Australia, and thereby advance understanding of this important field of inquiry. Specifically, crimmigration is addressed and analysed from a variety of standpoints, including: criminal law/justice; administrative law/justice; immigration law; international law; sociology of law; legal history feminist theory, settler colonialism, and political sociology. The book aims to: explore the historical antecedents of contemporary crimmigration and continuities with the past in Australia reveal the forces driving crimmigration and explain its relationship to border securitisation in Australia identify and examine the different facets of crimmigration, comprising: the substantive overlaps between criminal and immigration law; crimmigration processes; investigative techniques, surveillance strategies, and law enforcement agents, institutions and practices uncover the impacts of crimmigration law and practice upon the human rights and interests of non-citizens and their families. analyse crimmigration from assorted critical standpoints; including settler colonialism, race and feminist perspectives By focusing upon these issues, the book provides an interconnected collection of chapters with a cohesive narrative, notwithstanding that contributors approach the themes and specific issues from different theoretical and critical standpoints, and employ a range of research methods.

A thorough introduction to the laws of war, the savagery of war crimes, and the international system that demands justice. How do you speak of the unspeakable and defend the indefensible? War Crimes and Justice: A Reference Handbook thoroughly examines the laws of war and how the world community handles the monstrous brutalities of war through the international justice system. Highlighted are 20th century war crimes and trials including Yugoslavia, Kosovo, and the Kerry incident in Vietnam. Also covered are the four international tribunals established to punish violators in Nuremberg, Tokyo, Yugoslavia, and Rwanda. Pulitzer Prize-nominated author Howard Ball discusses those who committed unspeakable acts during war, others who sought justice for victims, and case studies portraying both victims and perpetrators. Significant treaties and conventions are explored, as well as all the options available to nations emerging from the throes of bloody civil wars to ensure peace with justice. Includes coverage of key people and trials including World War II, Vietnam, and the recent war in Kosovo Provides speeches, reports, and edited trial transcripts from cases involving war crimes

This volume traces the developments in the laws and practices of the European Union and five of its Member States (the United Kingdom, Germany, France, the Netherlands, and Italy) at two points in time: first at the time of the Gulf War following Iraq's invasion of Kuwait in August 2000; secondly, following the terrorist attacks in the United States on 11 September 2001. The focus is on the legal status of immigrants and asylum seekers and how that legal status is being modified on grounds of security-related measures adopted over a period of about ten years. Particularly, the question is whether and how far situations have come into existence, which could be considered to be in conflict with fundamental principles of human rights.

In 2009 it was ten years since the adoption of the Second Protocol to the 1954 Hague Convention for the Protection of Cultural Property in the Event of an Armed Conflict. To celebrate this anniversary, a variety of contributions, focussing on the legal and cultural aspects of the Protocol are presented by Van Woudenberg and Lijnzaad. The innovative aspects of the Second Protocol such as enhanced protection, criminal responsibility and jurisdiction, and the protection of cultural property in armed conflicts not of an international character are addressed. Some country-specific studies are included. It is hoped that this publication will inspire States to accede to the Protocol and that it will serve as a source of inspiration to legal advisers, military personnel and cultural property experts.

Armed conflict is about using force to achieve goals. As international humanitarian law regulates the means and methods that a belligerent may adopt to achieve its goals, there will inevitably be disagreements over the interpretation of that law. As for the rules that regulate targeting, the main difficulties arise over what is a lawful target and what is proportional collateral damage. This book provides a detailed analysis of those issues. Also, a chapter is dedicated to considering how United Nations Security Council sanctioning of participation in an armed conflict might affect the range of lawful targets available to a belligerent. Finally, a process is described by which legal responsibility for targeting decisions can be assessed in a complex decision-making environment.

This book examines UN naval peace operations, addressing the construction and assessment of authority with respect to a range of acts essential to the conduct of such operations. The focus is particularly upon operations as they relate to and impact upon the Territorial Sea. Within a conceptual approach emphasising the interaction of power and legitimation in the construction of authority, naval peace operations issues such as Innocent Passage, interdiction operations, and transitional administration are considered. The book concludes by proposing a conceptually and operationally sensitive approach to constructing authority for the conduct of UN naval peace operations in the Territorial Sea.

The Special Court for Sierra Leone was established by a unique bilateral treaty between the United Nations and Sierra Leone in early 2002, making it the third modern ad hoc international criminal tribunal. The Special Court is currently trying nine persons, including former Liberian President Charles Ghankay Taylor, for allegedly bearing "greatest responsibility" for serious violations of international and Sierra Leonean law that occurred after 30 November 1996. This volume presents, for the first time, a comprehensive collection of legal texts and instruments forming the normative legal framework underpinning the work of the Special Court. It fills the void for a handy sourcebook of the Special Court's primary and secondary legal texts and is intended for use primarily by the judges, lawyers, academics and other practitioners in the Special Court and other hybrid and international tribunals, including the permanent International Criminal Court.

This volume is about the failure to prevent genocide in Rwanda in 1994. In particular, the research focuses on why the early warnings of an emerging genocide were not translated into early preventative action. The warnings were well documented by the most authoritative source, the Canadian U.N. peace-keeping commander General Romeo Dallaire and sent to the leading political civil servants in New York. The communications and the decisionmaking are scrutinized, i.e., who received what messages at what time, to whom the messages were forwarded and which (non-) decisions were taken in response to the alarming reports of weapon deliveries and atrocities. This book makes clear that this genocide could have been prevented. Published under the Transnational Publishers imprint.

This book explores the scope and limits of Article 4(h) of the African Union Constitutive Act (AU Act). The goal is to generate new thinking on, and contribute a fresh legal approach to, the implementation of the right to intervene under Article 4 (h) of the AU Act in the face of war crimes, genocide and crimes against humanity. The AU right to intervene, though noble in purpose, is problematic to implement owing to the inherently political matrix of intervention and the question of measures for intervention which have usually been reactive. This book seeks to investigate the scope and validity of the AU s treaty-based right to intervene as an exception to the principle of State sovereignty. Central to the inquiry is the argument that the UN Charter does not expressis verbis provide for enforcement by consent by regional organisations; equally the UN Charter does not specifically outlaw enforcement action by consent by regional organisations. The book examines whether there is any legal basis for forcible military intervention to prevent serious human rights violations that constitute serious crimes under international law; and if yes, when and how? The discussion involves a legal analysis of the rules that ought to apply in the implementation of Article 4(h) intervention in international law. By examining the rationale and applicability of the right to intervene, the book intends to promote the development of consistent legal approaches for effective intervention within the AU human security architecture. More particularly, rather than focusing on intervention, the book intends to inculcate a culture of prevention and compliance within the framework of the AU.

This book is based on an international project conducted by the Institute for European Studies of the University CEU San Pablo in Madrid and a seminar on Vitoria and International Law which took place on July 2nd 2015 in the convent of San Esteban, the place where Vitoria spent his most productive years as Chair of Theology at the University of Salamanca. It argues that Vitoria not only lived at a time bridging the Middle Ages and Modernity, but also that his thoughts went beyond the times he lived in, giving us inspiration for meeting current challenges that could also be described as "modern" or even post-modern. There has been renewed interest in Francisco de Vitoria in the last few years, and he is now at the centre of a debate on such central international topics as political modernity, colonialism, the discovery of the "Other" and the legitimation of military interventions. All these subjects include Vitoria's contributions to the formation of the idea of modernity and modern international law. The book explores two concepts of modernity: one referring to the post-medieval ages and the other to our times. It discusses the connections between the challenges that the New World posed for XVIth century thinkers and those that we are currently facing, for example those related to the cyberworld. It also addresses the idea of international law and the legitimation of the use of force, two concepts that are at the core of Vitoria's texts, in the context of "modern" problems related to a multipolar world and the war against terrorism. This is not a historical book on Vitoria, but a very current one that argues the value of Vitoria's reflections for contemporary issues of international law.

Protection challenges around the globe require innovative legal, policy and practical responses. Drawing primarily from a new generation of researchers in the field of refugee law, this volume explores the 'boundaries' of refugee law. On the one hand, it ascertains the scope of the legal provisions by highlighting new trends in State practice and analysing the jurisprudence of international human rights bodies, as well as national and international Courts. On the other hand, it marks the boundaries of refugee law as 'legal frontiers' whilst exploring new approaches and new frameworks that are necessary in order to address the emerging protection challenges.