Newly revised, this textbook provides an authoritative conceptual and practical overview of international law governing the resort to force. Following an introductory chapter, with a section on the key issues in identifying the law and actual and potential changes to it, the book addresses the breadth and scope of the prohibition of the threat or use of force and the meaning of 'force' as the focus of this. The book proceeds to address the use of force through the United Nations and regional organisations, the use of force in peacekeeping operations, the right of self-defence and the customary limitations upon this right, the controversial right of humanitarian intervention, and forcible interventions in civil conflicts. Updated to include greater focus on aspects such as cyber operations, the threat of force, and the 'human element' to the use force, as well as the inclusion of recent developments such as the 2022 Russian invasion of Ukraine, it seeks to address the contemporary legal framework through the prism of contemporary challenges that it currently faces.

This updated and revised second edition of Donald A. Wells's popular _War Crimes and Laws of War_, originally published in 1984, traces the rules of war since ancient times. The major sources of the rules or _laws_ of war are explored: the congresses of the Hague, Geneva, and the United Nations. But an abyss exists between what military manuals allow and what the congresses prohibit; this book attempts to resolve this dilemma. An important text for military college courses and international relations, as well as social philosophy courses. Co-published with the North American Society for Social Philosophy. Here is what reviewers had to say about the first edition:

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 edited volume provides a fresh analysis for researcher and practitioners regarding United Nations Security Council resolution 1540, the status of its implementation, and its future by providing an original evaluation of progress in implementation and challenges faced during the resolution's first decade. In doing so, the book will consider the resolution's utility as a non-proliferation tool with a view to identifying what further actions are required for the objectives and goals embodied by UNSCR 1540 to be achieved and sustained. The book progresses by exploring the history of the resolution, implementation trends, implementation from a regional perspective, challenges, and future ways forward. The book appeals to a wide readership of scholars, policymakers, and other stakeholders of the 1540 process.

War demands that scholars and policy makers use victory in precise and coherent terms to communicate what the state seeks to achieve in war. The failure historically to define victory in consistent terms has contributed to confused debates when societies consider whether to wage war. This volume explores the development of a theoretical narrative or language of victory to help scholars and policy makers define carefully and precisely what they mean by victory in war in order to achieve a deeper understanding of victory as the foundation of strategy in the modern world.

Bringing together traditional and contemporary articles by leading scholars in international humanitarian law, this book incorporates key papers published between 1625 and 2012 that investigate the major themes of the field including the development of international humanitarian law, human rights law, international criminal law, gender-related violence in armed conflict, the changing nature of occupation and cyber war.

This volume explores the various challenges faced by migrant unaccompanied children, using a clinical sociological approach and a global perspective. It applies a human rights and comparative framework to examine the reception of unaccompanied children in European, North American, South American, Asian and African countries. Some of the important issues the volume discusses are: access of displaced unaccompanied children to justice across borders and juridical contexts; voluntary guardianship for unaccompanied children; the diverse but complementary needs of unaccompanied children in care, which if left unaddressed can have serious implications on their social integration in the host societies; and the detention of migrant children as analyzed against the most recent European and international human rights law standards. This is a one-of-a-kind volume bringing together perspectives from child rights policy chairs across the world on a global issue. The contributions reflect the authors' diverse cultural contexts and academic and professional backgrounds, and hence, this volume synthesizes theory with practice through rich firsthand experiences, along with theoretical discussions. It is addressed not only to academics and professionals working on and with migrant children, but also to a wider, discerning public interested in a better understanding of the rights of unaccompanied children.

Climate change and other environmental problems are increasingly leading to the displacement of populations from their homelands, whether through drought, flooding, famine or other causes. Worse, there is currently no protection in international law for people made refugees by such means.Following on from her previous explorations of environmental justice as it relates to future generations and indigenous peoples, Laura Westra now turns her attention to the plight of ecological refugees. In Part I, Westra provides an overview of what defines an ecological refugee and their present legal status. Part II goes into greater depth as to who the vulnerable are and what protection they have in international law. Part III looks to the future, advocating a comprehensive approach to the problem. With extensive examples and analysis, this is a compelling treatment that will be indispensable for legal professionals, government and business leaders, academics and students of the role of law in the protection of the rights of refugees.

In the two-and-a-half decades since the end of the Cold War, policy makers have become acutely aware of the extent to which the world today faces mass atrocities. In an effort to prevent the death, destruction and global chaos wrought by these crimes, the agendas for both national and international policy have grown beyond conflict prevention to encompass atrocity prevention, protection of civilians, transitional justice and the responsibility to protect. Yet, to date, there has been no attempt to address the topic of the prevention of mass atrocities from the theoretical, policy and practicing standpoints simultaneously. This volume is designed to fill that gap, clarifying and solidifying the present understanding of atrocity prevention. It will serve as an authoritative work on the state of the field.

This edited book examines the role of interpreting in conflict situations, bringing together studies from different international and intercultural contexts, with contributions from military personnel, humanitarian interpreters and activists as well as academics. The authors use case studies to compare relevant notions of interpreting in conflict-related scenarios such as: the positionality of the interpreter, the ethical, emotional and security implications of their work, the specific training needed to carry out work for military and humanitarian organizations, and the relations of power created between the different stakeholders. The book will be of interest to students and scholars of translation and interpreting, conflict and peace studies, as well as conflict resolution and management.

Should states use military force for humanitarian purposes? Well known scholars and practitioners come together in this book to provide practical and theoretical answers to this burning question. Case studies include Somalia, Rwanda, the Balkans, and East Timor, as well as the recent US intervention in Afghanistan. The book demonstrates why humanitarian intervention continues to be a controversial issue not only for the United Nations, but also for Western states and humanitarian organisations.

This highly original work provides a thought-provoking and valuable resource for researchers and academics with an interest in genocide, criminology, international organizations, and law and society. In her book, Caroline Fournet examines the law relating to genocide and explores the apparent failure of society to provide an adequate response to incidences of mass atrocity. The work casts a legal perspective on this social phenomenon to show that genocide fails to be appropriately remembered due to inherent defects in the law of genocide itself. The book thus connects the social response to the legal theory and practice, and trials in particular. Fournet's study illustrates the shortcomings of the Genocide Convention as a means of preventing and punishing genocide as well as its consequent failure to ensure the memory of this heinous crime.

This book centres on the war that raged between Eritrea and Ethiopia from 1998 to 2000, a war that caused great loss of life and tremendous devastation. It analyses the war in great detail from an international legal perspective: the nature and the state of the boundary conflict preceding the actual armed conflict, the military actions themselves, the role of the UN peace-keeping mission, the responsibility for the multitude of explosive remnants of the war left behind. Ample attention is paid to the decisions of the Eritrea-Ethiopia Claims Commission and the Eritrea-Ethiopia Boundary Commission. This study is not limited to the war and the period immediately following it, it also examines its more extended aftermath prolonging the analysis as far as the more recent improvement in the relations between Eritrea and Ethiopia, away from a situation of 'no war, no peace' that prevailed after the armed conflict ended. The analysis of the war and its aftermath is not only in terms of international legal issues, it has been placed in a wider than strictly legal perspective. The book is a valuable work for academics and practitioners in international law, human rights and humanitarian law in particular, for political scientists, diplomats, civil servants, historians, and all those others seriously interested in the Horn of Africa. Andrea de Guttry is Full Professor of Public International Law at the Scuola Superiore Sant'Anna in Pisa, Italy. Harry H.G. Post is Adjunct Professor in the Faculte Libre de Droit of the Universite Catholique de Lille in Lille, France. Gabriella Venturini is Professor Emerita in the Dipartimento di Studi internazionali, giuridici e storico-politici of the Universita degli Studi di Milano in Milan, Italy.

The 40 experts assembled by Ben Saul who are addressing the many-faceted legal issues connected to the ever-expanding meaning of 'terrorism' are remarkable. Even after 50 years of scholarship on the subject, a book like this one is both relevant and useful.' - Cherif Bassiouni, DePaul University College of Law, USForeword by Georges Abi-Saab This landmark Handbook provides a comprehensive overview of all major areas of international counter-terrorism law and practice, both before and after the terrorist attacks of September 11, 2001. The specially commissioned, original chapters assess how international law addresses terrorism from the perspectives of human rights, the law of armed conflict, the law on use of force, and international criminal law. With contributions from leading scholars and practitioners in the field, the book addresses the major controversies in the global legal response to terrorism, including the war on terror, drone strikes and targeted killings, torture and renditions, indefinite detention, military trials, UN Security Council measures and sanctions, judicial supervision, the issue of gender, and the role of Islam. Each chapter provides a succinct overview and critical commentary of the law. The law of regional organizations and selected national practice are also examined. International law scholars and practitioners, as well as government and United Nations legal advisers, will find this an invaluable reference on a complex area of legal inquiry. Contributors: K. Ambos, R. Arnold, J. Atwell, I. Bantekas, S. Borelli, I. Bottigliero, J. Boulden, E. Chadwick, S. Chesterman, G. Cheung, J. Cockayne, E. Crawford, F. de Londras, M. Di Filippo, A. du Plessis, H. Duffy, M. Ewi, D. Fidler, M. Flanagan, C. Forcese, G. Gilbert, L. Ginsborg, E. Guild, R. Gunaratna, L.M. Hinojosa-Martinez, J. Huckerby, D. Kretzmer, A. Lynch, G. Mettraux, C. Murphy, E. Papastavridis, A.R. Perera, M. Porret, J. Rehman, M. Requena, Y. Ronen, K. Samuel, B. Saul, M. Sossai, L.S. Sunga, A. Timmermann, K. Trapp, D. Vagts, C. Walker, S. Witten, M. Wood, A. Zwitter

This book conceptualizes Responsibility to Protect doctrine (R2P) as part of a global cosmopolitan agenda, drawing on the work of Jurgen Habermas, and argues that R2P is reflective of a shift towards a more cosmopolitan approach to human protection. The author also proposes a framework of analysis that includes a strong legal dimension in order to advance reforms to the international legal, political and military structures in order to better prevent humanitarian crises and protect civilians in times of conflict. The volume explores the cosmopolitan, moral and legal progress that has occurred-and could yet occur-under R2P as the approach to human protection transitions in the Post-Cold War era.

This is the first comprehensive treatment of international law and policy on the protection of civilians in armed conflict. In addition to international humanitarian and human rights law, jus ad bellum, disarmament law, and international criminal law are all critical to civilian protection. The book offers in-depth analysis and explanation of the normative framework while also outlining and discussing the policies of concerned States and international and humanitarian organisations. The role of the United Nations as a key actor is considered along with regional organisations such as the African Union, the European Union, and NATO. Particular attention is given to those at direct risk of harm during armed conflict, including children, women, persons with disabilities, and LGBTI persons.

A comprehensive analysis into the lawfulness of state-sponsored targeted killings under international human rights and humanitarian law, this book examines treaties, custom and general principles of law to determine the normative paradigms which govern the intentional use of lethal force against selected individuals in law enforcement and the conduct of hostilities. It addresses the relevance of the law of interstate force to targeted killings, and the interrelation of the various normative frameworks which may simultaneously apply to operations involving the 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 targeted killings in situations of law enforcement and 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 are illustrated by reference to concrete examples of targeted killing from recent state practice.
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 ofhostilities which leads nuanced results reflecting the fundamental principles underlying international humanitarian law.
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 greater context of the rule of law.
*The author has conceived and written this book in an entirely personal capacity and independently from his function as a Legal Adviser in the Legal Division of the ICRC. The opinions expressed therein are his own and do not necessarily correspond to those held by the ICRC or its Legal Division.

The book identifies the main international concepts and rules that are of special relevance in disaster settings and critically analyses how they are implemented in such contexts. It shows that, although the crucial and growing importance of disaster response has resulted in a complex framework of international obligations, it is nonetheless guided by certain general principles/values. In particular, through an in-depth analysis of sovereignty, international cooperation and solidarity, and their manifestations in disaster contexts, the book assesses the concrete scope and nature of the obligations of the state affected by the disaster, and those of the international community, respectively. Considerable attention is devoted to the applicable legal framework governing disaster response in mixed situations of disaster and armed conflict, and to the main problems and operational challenges entailed by the involvement of foreign military personnel and assets in disaster response. The book's overall objective is to provide an authoritative overview of the development, core issues and challenges in international law with regard to disaster scenarios, and to serve as a valuable and comprehensive reference guide.

This is the first comprehensive socio-legal study of the interrelation between gender and the law of refugee status. In the past decade, the issue has received increasing attention in academic writing, the media and the courtroom. This book contains an interdisciplinary analysis. The empirical data, collected for this study and not published previously, concerns Dutch asylum practice. The Netherlands is a prominent refugee-receiving country in Europe, yet hardly any English texts address Dutch refugee law. The book also covers foreign case law and academic writing. Therefore, the analysis is relevant for all refugee-receiving countries in the Western world; the empirical data on The Netherlands functions as a case study. The book combines perspectives of post-structuralist feminism and post-colonial studies. Refugee women are constructed as a double other. This intersectionality is related to the construction of the Third World as feminine (passive, in need of active outside intervention etc., etc.). The book provides a comprehensive overview of academic writing and of case law on the subject. On this basis of theoretical perspectives that were almost ignored until now, it develops an innovative critique of refugee law discourse and outlines its possible consequences for legal doctrine.

View the Table of Contents. Read the Introduction.

"Holocaust Restitution compiles a group of essays from leading authorities and participants in the Holocaust restitution movement. This book gathers different voices from across the Holocaust restitution movement and does an ex post facto review of the litigation. Holocaust Restitution presents an up-to-date analysis of the Holocaust restitution movement and presents the drama of Holocaust restitution from the perspective of almost all the major players, including plaintiff counsel, defense counsel, judges, diplomats, administrators, corporate defendants, and Jewish representatives. It also includes outside viewpoints from respected commentators, including historians, academics, and Holocaust survivors. It is remarkably comprehensive, does not shy away from controversy, and thoughtfully reflects on the Holocaust and its implications for future international human rights adjudication."
--"Stanford Journal of International Law"

aHolocaust Restitution compiles a group of essays from leading authorities and participants in the Holocaust restitution movement. This book gathers different voices from across the Holocaust restitution movement and does an ex post facto review of the litigation. Holocaust Restitution presents an up-to-date analysis of the Holocaust restitution movement and presents the drama of Holocaust restitution from the perspective of almost all the major players, including plaintiff counsel, defense counsel, judges, diplomats, administrators, corporate defendants, and Jewish representatives. It also includes outside viewpoints from respected commentators, including historians, academics, and Holocaust survivors.It is remarkably comprehensive, does not shy away from controversy, and thoughtfully reflects on the Holocaust and its implications for future international human rights adjudication.a
--"Stanford Journal of International Law"

"Bazyler and Alford have produced an essential tool for understanding the righteous struggle to win restitution for Holocaust victims and their heirs."
--Richard Z. Chesnoff, author of "Pack of Thieves: How Hitler & Europe Plundered the Jews & Committed The Greatest Theft In History"

"This excellent volume makes a significant contribution both to legal studies and to the history of the Holocaust. The editors deserve special praise for including chapters by Holocaust survivors, assuring that their often-forgotten voices are not lost within the great debate about Holocaust restitution."
--Marilyn J. Harran, Stern Chair in Holocaust History, Chapman University

"An invaluable text for students and scholars as well as a fascinating read for all those concerned with Holocaust and genocide issues in all disciplines and on behalf of all victims."
--Israel W. Charny, President, International Association of Genocide Scholars

"This unique collection is important in bringing together the perspectives of legal practitioners, activists, archivists and historians, negotiators, and survivors. It is remarkably comprehensive. . . . The editors have not shied away from controversy."
--David Cesarani, Research Professor in History, Royal Holloway, University of London

"If there is a 'final frontier' in understanding the Holocaust, it is the assessment of international litigation, compensation, and reparations claims. This extraordinary group ofcontributions thoughtfully reflects on the Holocaust, past and present, as well as what many would call 'imperfect justice.'"
--Stephen Feinstein, Professor of History and Director, Center for Holocaust and Genocide Studies, University of Minnesota

"This collection of essays on Holocaust restitution litigation provides a wonderful overview of the subject. Bazyler and Alford have assembled the 'A list' and the result is a most authoritative and complete treatment."
--Professor William A. Schabas, Director, Irish Centre for Human Rights

Holocaust Restitution is the first volume to present the Holocaust restitution movement directly from the viewpoints of the various parties involved in the campaigns and settlements. Now that the Holocaust restitution claims are closed, this work enjoys the benefits of hindsight to provide a definitive assessment of the movement.

From lawyers and state department officials to survivors and heads of key institutes involved in the negotiations, the volume brings together the central players in the Holocaust restitution movement, both pro and con. The volume examines the claims against European banks and against Germany and Austria relating to forced labor, insurance claims, and looted art claims. It considers their significance, their legacy, and the moral issues involved in seeking and receiving restitution.

Contributors: Roland Bank, Michael Berenbaum, Lee Boyd, Thomas Buergenthal, Monica S. Dugot, Stuart E. Eizenstat, Eric Freedman and Richard Weisberg, Si Frumkin, Peter Hayes, Kai Henning, Roman Kent, Lawrence Kill and Linda Gerstel, Edward R. Korman, Otto Graf Lambsdorff, David A. Lash and Mitchell A. Kamin, Hannah Lessing and FiorentinaAzizi, Burt Neuborne, Owen C. Pell, Morris Ratner and Caryn Becker, Shimon Samuels, E. Randol Schoenberg, William Z. Slany, Howard N. Spiegler, Deborah Sturman, Robert A. Swift, Gideon Taylor, Lothar Ulsamer, Melvyn I. Weiss, Roger M. Witten, Sidney Zabludoff, and Arie Zuckerman.

Based on extensive research on the International Military Tribunal for the Far East, this book closely examines the claims and controversy surrounding the 'Nanjing Massacre', a period of murder in 1937-1938 committed by Japanese troops against the residents of Nanjing (Nanking), after the capture of the then capital of the Republic of China, during the Second Sino-Japanese War. Focusing on weighing up arguments denying Nanjing Massacre, this book considers the Japanese 'Illusion' school of thought which contests the truth of the Nanjing Massacre claims, including the death toll and the scale of the violence. The Nanjing Massacre remains a controversial issue in Sino-Japanese relations, despite the normalization of bilateral relations, and this book goes to great lengths to examine the events through comparative narratives, investigating different perspectives and contributings to the debate from the extensive research of the Tokyo Trial Research Centre at Shanghai, as well as volumes of Chinese and Japanese historical documents.

This book analyses three major themes: decolonization, sovereignty, and peacekeeping. Their interaction during the national liberation struggle during the Cold War, culminating in the 1956 Suez War, addresses the principle of national sovereignty after World War II in the framework of the UN Charter. The new peacekeeping operations were used in many conflicts, during which the Charter's theory and application were tested. The rise of the USA as the key Western power and Israel's special role in the Middle East have created a new confrontational dynamic for the entire region. The interaction between the book's main themes in the field has led to the principles of peacekeeping in international and national conflicts being reviewed in light of the discredited 'Capstone Doctrine'. The author argues that state sovereignty is sacrosanct, but humanitarian interventions are equally imperative in his view. Striking the right balance is crucial for managing conflicts. The author: * offers a well-informed historical account and an authoritative political analysis * was exposed to UNEF deployments and termination and knows key peacekeeping actors * draws on original documents, memoirs, and interviews * includes unpublished photos and previously unavailable documentary material * has experience in government and academia

Article 28 of the Rome Statute explicitly provides that the command responsibility doctrine may be applied to both 'commanders and other superiors', and sets out separate criteria for the two categories of superiors. The question arises how the doctrine should be applied by the International Criminal Court and by other international courts and tribunals. Up until now, the doctrine has been applied to both military and civilian superiors without a distinctive provision. The author examines the applicability of the command responsibility doctrine to civilian superiors, taking as a point of departure the origin of the doctrine and the unique position of the commander. An analysis of cases against civilian leaders identifies the challenges that prosecutors and judges face in these cases. The author provides, finally, an assessment of the remaining hurdles in the application of the doctrine, and offers a solution which is based on respect for the purpose of the doctrine. The book is a valuable source and tool for academics and practitioners in international criminal law and international humanitarian law, academics and students at National Defence Colleges, as well as military legal advisers and higher military officers. Maria L. Nybondas is an Associate Researcher at the T.M.C. Asser Instituut, The Hague, The Netherlands.

In this book, it is explained that despite a current drop in the number of deaths, terrorism should still be considered a serious and widespread problem. However, the responses to this phenomenon are often more problematic from a long-term perspective. With the human rights framework under serious pressure, this edited volume offers a timely, important and critical in-depth analysis of human dignity and human security challenges in the lead-up, and in the responses, to current forms of terrorism. It aims to map how human dignity and human security can be secured and how law can constitute a source of trust at a time when Europe and the rest of the world continue to be plagued by terrorism. The authors are both established names and upcoming talent in this fastchanging and exciting field of law. They thoroughly analyse a variety of topical subjects, in more conceptual chapters-for example calling for the humanisation of the security discourse-and in highly practical contributions, in which for instance the Kafkaesque situation in which rendition and torture victim Abu Zubaydah still finds himself today is considered. This book, which focuses on, but is not limited to the situation in Western countries, aims to inspire not only academics-through further theorisation on the sometimes elusive but important concepts of human dignity and human security-but also practitioners working in the field of countering terrorism. It will hopefully convince them (even more) that following a human rights approach will be indispensable in securing human dignity and human security for all. Even-or in fact: especially-in times of terrorism. Christophe Paulussen is a Senior Researcher in the Research Department of the T.M.C. Asser Instituut in The Hague, The Netherlands and Martin Scheinin is Professor of International Law and Human Rights in the Department of Law of the European University Institute (EUI) in Florence, Italy.