In examining various aspects of the provision of security, the Small Arms Survey 2011 considers the growth of the private security industry and its firearms holdings worldwide; the firearms holdings of private security personnel; the use of private security companies by multinational corporations; the use of emerging weapons technology among Western police forces; and legislative controls over the civilian possession of firearms in 42 jurisdictions around the world. Case studies provide original research on ongoing security challenges in Cote d'Ivoire, Haiti and Madagascar. This edition also presents the 2011 Small Arms Trade Transparency Barometer, an estimate of the annual authorized trade in light weapons, and a review of developments related to small arms control at the United Nations.

Humanitarian sentiments have motivated a variety of manifestations of pity, from nineteenth-century movements to end slavery to the creation of modern international humanitarian law. While humanitarianism is clearly political, this text addresses the ways in which it is also an ethos embedded in civil society, one that drives secular and religious social and cultural movements, not just legal and political institutions. As an ethos, humanitarianism has a strong narrative and representational dimension that can generate humanitarian constituencies for particular causes. Essays in the volume analyze the character, form, and voice of private or public narratives themselves and explain how and why some narratives of suffering energize political movements of solidarity, whereas others do not. Humanitarianism and Suffering explores when, how, and why humanitarian movements become widespread popular movements. It shows how popular sentiments move political and social elites to action and, conversely, how national elites appropriate humanitarian ideals for more instrumental ends.

Reimagining the National Security State provides the first comprehensive picture of the toll that US government policies took on civil liberties, human rights, and the rule of law in the name of the war on terror. Looking through the lenses of theory, history, law, and policy, the essays in this volume illuminate the ways in which liberal democracy suffered at the hands of policymakers in the name of national security. The contributors, who are leading experts and practitioners in fields ranging from political theory to evolutionary biology, discuss the vast expansion of executive powers, the excessive reliance secrecy, and the exploration of questionable legal territory in matters of detention, criminal justice, targeted killings, and warfare. This book gives the reader an eye-opening window onto the historical precedents and lasting impact the security state has had on civil liberties, human rights and, the rule of law in the name of the war on terror.

How, despite the enormous investment of blood and treasure, has the West's ten-year intervention left Afghanistan so lawless and insecure? The answer is more insidious than any conspiracy, for it begins with a profound lack of understanding of the rule of law, the very thing that most dramatically separates Western societies from the benighted ones in which they increasingly intervene. This volume of essays argues that the rule of law is not a set of institutions that can be exported lock, stock and barrel to lawless lands, but a state of affairs under which ordinary people and officials of the state itself feel it makes sense to act within the law. Where such a state of affairs is absent, as in Afghanistan today, brute force, not law, will continue to rule.

Crimes against humanity were one of the three categories of crimes elaborated in the Nuremberg Charter. However, unlike genocide and war crimes, they were never set out in a comprehensive international convention. This book represents an effort to complete the Nuremberg legacy by filling this gap. It contains a complete text of a proposed convention on crimes against humanity in English and in French, a comprehensive history of the proposed convention, and fifteen original papers written by leading experts on international criminal law. The papers contain reflections on various aspects of crimes against humanity, including gender crimes, universal jurisdiction, the history of codification efforts, the responsibility to protect, ethnic cleansing, peace and justice dilemmas, amnesties and immunities, the jurisprudence of the ad hoc tribunals, the definition of the crime in customary international law, the ICC definition, the architecture of international criminal justice, modes of criminal participation, crimes against humanity and terrorism, and the inter-state enforcement regime.

International Human Rights and Humanitarian Law: Treaties, Cases, and Analysis introduces the reader to the international legal instruments and case law governing the substantive and procedural dimensions of international human rights and humanitarian law, including economic, social, and cultural rights. The book, which was originally published in 2006, also discusses the history and organisational structure of human rights and humanitarian law enforcement mechanisms. A chapter is devoted a chapter to the issues surrounding the incorporation of international law into U.S. law, including principles of constitutional and statutory interpretation, conflict rules, and the self-execution doctrine. Questions and comments sections provide critical analyses of issues raised in the materials. The last chapter addresses theoretical issues facing contemporary international human rights and humanitarian law and its enforcement.

The idea that states and the international community have a responsibility to protect populations at risk has framed internationalist debates about conflict prevention, humanitarian aid, peacekeeping and territorial administration since 2001. This book situates the responsibility to protect concept in a broad historical and jurisprudential context, demonstrating that the appeal to protection as the basis for de facto authority has emerged at times of civil war or revolution - the Protestant revolutions of early modern Europe, the bourgeois and communist revolutions of the following centuries and the revolution that is decolonisation. This analysis, from Hobbes to the UN, of the resulting attempts to ground authority on the capacity to guarantee security and protection is essential reading for all those seeking to understand, engage with, limit or critique the expansive practices of international executive action authorised by the responsibility to protect concept.

Does international law make individuals responsible for perpetrating war crimes during internal armed conflicts? Eve La Haye explores the content of international criminal law applicable in such conflicts and questions the 1995 finding of the Appeals Chamber of the International Criminal Tribunal for the Former Yugoslavia that responsibility could be enforced on the basis of customary international law. This finding is evaluated with regard to state practice and the practice of international organisations. The means to enforce individual criminal responsibility for such crimes are also investigated. The states on whose territory the crimes took place have sometimes tried such perpetrators, but can other states prosecute perpetrators of war crimes under the principle of universal jurisdiction? The applicability of universal jurisdiction to war crimes committed in civil wars and the practice of domestic courts are examined, alongside the role and achievements of prosecutions carried out by international courts and tribunals.

This book offers new insights and original empirical research on private military and security companies (PMSCs), including China's negotiation approach to governance, an account of Nigeria's first engagement with regulatory cooperation under the threat of Boko Haram, and a study of PMSCs in Ebola-hit Western Africa. The author engages with concepts and theories from IR, Political Economy, and African studies-like regime, forum shopping, and extraversion-to describe what shapes state choices in national and international fora. The volume clarifies and spells out the needed questions and definitions and proposes a synthesis of how regime formation is shaped by ideas, interests, and institutions, starting from the proposition that regulatory cooperation consists in facilitating the acceptance and use of a single identifier for private military and security companies.

In 2015, the United States Department of Defense published its long-awaited Law of War Manual making a significant statement on the position of the US government on important military matters. Whilst readers recognise the Manual's legal and strategic importance, they may question whether particular statements of law are legally accurate or complete. This book offers a unique in-depth review of the complete Manual, including revisions, on a paragraph-by-paragraph, line-by-line and word-by-word basis. The authors offer their personal assessment of the DoD's declared view as to the law that regulates the conduct of warfare, a subject of unparalleled current importance. William H. Boothby and Wolff Heintschel von Heinegg offer a balanced, articulate and authoritative critique for readers perusing the Manual in whatever capacity.

This study examines the relevance of the Responsibility to Protect (R2P) in responding to humanitarian challenges across the world. In proposing a number of revisionist alternatives, Ercan proposes a way forward for R2P, particularly regarding its Second and Third Pillars. Despite the debate shifting from a right to intervene towards a responsibility to protect, the conceptual and systemic limitations imposed on R2P via its institutionalisation have hampered its ability to consolidate change. In light of this, Ercan argues that R2P cannot make a positive contribution towards changing the international system without first being equipped with new powers.

How do international human rights and humanitarian law protect vulnerable individuals in times of peace and war? Provost analyses systemic similarities and differences between the two to explore how they are each built to achieve their similar goal. He details the dynamics of human rights and humanitarian law, revealing that each performs a task for which it is better suited than the other, and that the fundamentals of each field remain partly incompatible. This helps us understand why their norms succeed in some ways and fail - at times spectacularly - in others. Provost's study represents innovative and in-depth research, covering all relevant materials from the UN, ICTY, ICTR, and regional organizations in Europe, Africa and Latin America. This will interest academics and graduate students in international law and international relations, as well as legal practitioners in related fields and NGOs active in human rights.

In 1995, the International Committee of the Red Cross, along with a range of renowned experts, embarked upon a major international study into current state practice in humanitarian law in order to identify customary law in this area. This book (and its companion, Volume 2: Practice) is the result of that study. Volume 1 is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts.

Countries throughout the world are grappling with the practical and moral issues raised by increasing numbers of refugees. Matthew Gibney's book asks how Western countries should respond to the claims of refugees who arrive on their territory, and relates the question to wider issues surrounding immigration, citizenship and the responsibilities of democracies. Examining policy in the United States, Germany, the United Kingdom and Australia, this book offers an important contribution to a highly topical subject.

When the tyrannical Saddam Hussein was captured in 2003, the war in Iraq was in a precarious position. A provisional government had been assembled, but the Iraqi government was not yet recognized as sovereign. They were now expected to put their most infamous citizen on trial for war crimes. Called into duty at this moment was Rear Admiral Greg Slavonic, who was tasked with facilitating U.S. media presence at the arraignment which would establish the judicial framework for future tribunals. Admiral Slavonic was party to the historic US-Iraqi Transfer of Sovereignty and then as the senior military officer in the Iraqi courtroom where he was one of fifteen individuals to witness the historic event. As the senior military officer in the room with fifteen other observers, he managed a challenging pool of media jockeying for access for this once in a career story and plus served as advisor to the Iraqi judge on various media issues. Slavonic's first-hand narrative of a unique moment in military history features never-before-seen transcripts of Saddam Hussein's trial. For the first time, readers can read how Saddam responded to his charges, along with eleven of Hussein's closest advisors and cabinet members who were arraigned that day, and several charged with war "crimes against humanity". This would be the last time all twelve men would be together again who were responsible for the deaths of over several million fellow Iraqi citizens. This book expands our examination of difficult wars and chronicles the legal reckoning and downfall of a tyrant.

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

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

The application and interpretation of the four Geneva Conventions of 1949 and their two Additional Protocols of 1977 have developed significantly in the sixty years since the International Committee of the Red Cross (ICRC) first published its Commentaries on these important humanitarian treaties. To promote a better understanding of, and respect for, this body of law, the ICRC commissioned a comprehensive update of its original Commentaries. Its preparation was coordinated by Jean-Marie Henckaerts, ICRC legal adviser and head of the project to update the Commentaries. The First Convention is a foundational text of international humanitarian law. It contains the essential rules on the protection of the wounded and sick, those assigned to their care, and the red cross and red crescent emblems. This article-by-article Commentary takes into account developments in the law and practice to provide up-to-date interpretations of the Convention. The new Commentary has been reviewed by humanitarian-law practitioners and academics from around the world. It is an essential tool for anyone working or studying within this field.

With the arrival in Europe of over a million refugees and asylum seekers in 2015, a sense of panic began to spread within the continent and beyond. What is a Refugee? puts these developments into historical context, injecting much-needed objectivity and nuance into contemporary debates over what is to be done. Refugees have been with us for a long time -- although only after the Great War did refugee movements commence on a large scale -- and are ultimately symptoms of the failure of the system of states to protect all who live within it. Providing a terse user's guide to the complex legal status of refugees, Maley argues that states are now reaping the consequences of years of attempts to block access to asylum through safe and 'legal' means. He shows why many mooted 'solutions' to the 'problem' of refugees -- from military intervention to the warehousing of refugees in camps -- are counterproductive, creating environments ripe for the growth of extremism among people who have been denied all hope. In a globalised world, he concludes, wealthy states have the resources to protect refugees.And, as his historical account shows, courageous individuals have treated refugees in the past with striking humanity. States today could do worse than emulate them.

This book provides an insight into the issue of health inequity brought about by the violent conflict in Northeast India. While examining the deep vulnerabilities and loss of well-being suffered by families displaced by conflict in the Indo-Bhutan borderland region, the authors raise fundamental questions of accountability and the role of various stakeholders in providing humanitarian assistance to those affected by the conflict. It highlights for the reader the role played by conflict and armed violence in dismantling a functioning public health system and delineates the long-term barriers to post-conflict recovery. The book is written by those who have worked in implementing development and peacebuilding programs in the Bodoland Territorial Region (BTR) of Western Assam. The book especially brings to the fore the voices of those communities directly affected by conflict in Bodoland. The book is valuable to researchers, development practioners and policy makers. Given the unique format of the book, which includes a number of case studies, it is particularly useful for students of development, public health and allied disciplines such as international relations as well as peace and conflict studies.

This dispassionate analysis of the legal implications of non-international armed conflicts explores the rules regulating the conduct of internal hostilities, as well as the consequences of intervention by foreign States, the role of the UN Security Council, the effects of recognition, State responsibility for wrongdoing by both Governments and insurgents, the interface with the law of human rights and the notion of war crimes. The author addresses both conceptual and specific issues, such as the complexities of 'failing' States or the recruitment and use of child soldiers. He makes use of the extensive case law of international courts and tribunals, in order to identify and set out customary international law. Much attention is also given to the contents of available treaty texts. This new updated edition takes into account the latest events in terms of the practice of States, judicial pronouncements and UN Security Council resolutions.

"That the line between war and peace has been blurred becomes more evident with each incident from Afghanistan to Iraq. But the complexity and depth of legal implications that affect policymakers and military commanders have not been understood. Kennedy's book brilliantly and deftly probes both the uncertainty and the importance of legal rules in the changed civil and military environments."--Antonia Chayes, Visiting Professor of International Politics and Law, Tufts University

"Twenty-first-century warfare jars us with precision, lethality, and reach juxtaposed against terrorists, street fighting, and weapons of mass destruction. The laws of war strain to keep pace and Professor Kennedy brilliantly tells why in this legal tour de force."--Lt. Gen. Arlen D. Jameson, U.S. Air Force (retired), former Deputy Commander, U.S. Strategic Command

"David Kennedy's elegant little essay contains a brilliant analysis of the linguistic fault lines that dominate our approach to diplomatic and military politics, and which utterly obscure the very difficult decisions that ought to be made on quite other grounds and for better reasons than adherence to unhelpful old categories. The book should be of great significance for lawyers, politicians, and military officers. It should become the prism through which the issues arising out of 'humanitarian intervention' are seen and discussed."--Thomas Franck, New York University School of Law

"Of War and Law" is a very thoughtful and fresh analysis of modern law and modern war. David Kennedy argues that the merger of law, politics, and war is a fact of contemporary society. He believes, and I happen to agree, that the more we accept this reality, themore productively we can begin to understand how law might be useful in achieving the humanitarian purposes for which it was principally designed."--Maj. Gen. Charles J. Dunlap Jr., U.S. Air Force

'Professor Sassoli has combined his first hand experience of the challenges facing the application of international humanitarian law with his scholarly understanding of international law. He sets out the details necessary for a complete understanding of humanitarian law but also highlights the contemporary controversies. One of the many qualities of this book is that the author always offers us his considered view on what are the best solutions to the dilemmas he highlights. This book is destined to become an authoritative point of reference for generations to come.' - Andrew Clapham, Graduate Institute of International and Development Studies, Switzerland International humanitarian law (IHL) protects persons and property affected by armed conflicts. Focusing on the controversies that impact IHL in practice, this much-anticipated book from leading expert Marco Sassoli discusses when IHL applies, its substantive rules, how to ensure its respect and whether the traditional distinction between international and non-international armed conflicts remains relevant. Sassoli draws on a depth of practical experience to provide invaluable insight and comprehensive guidance on the rules protecting certain categories of persons (for example, civilians, wounded, etc.) during conflict and the rules governing different types of conduct (or example, occupation, naval warfare, etc.). The book examines how these rules interact with other branches of international law, such as human rights and international criminal law, and how the rules are applied to non-State armed groups. Cross-cutting issues, including terrorism, autonomous weapons, cyber warfare, gender and cultural heritage, are also addressed, providing readers with a well-rounded view of IHL and associated concerns. Structured in a clear and accessible way, this book will be the turn-to resource for scholars, lawyers, civil servants and other actors directly involved in the sphere of IHL. It will also be the essential text for forthcoming generations of students, giving them a solid understanding of both the rules relating to IHL and how they are implemented in practice.

Human Rights, Democracy, and Legitimacy in a World of Disorder brings together respected scholars from diverse disciplines to examine a trio of key concepts that help to stabilize states and the international order. While used pervasively by philosophers, legal scholars, and politicians, the precise content of these concepts is disputed, and they face new challenges in the conditions of disorder brought by the twenty-first century. This volume will explore the interrelationships and possible tensions between human rights, democracy, and legitimacy, from the philosophical, legal, and political perspectives; as well as the role of these concepts in addressing particular problems such as economic inequality, catastrophic risks posed by new technologies, access to health care, regional governance, and responses to mass migration. Comprising essays arising from an interdisciplinary symposium convened at Harvard Law School in 2016, this volume will examine how these trusted concepts may bring order to the global community.