This collection analyses the approach taken by the current government of Ethiopia to deal with the massive human rights violations that took place from 1974 to 1991 under the Derg. How was an autocratic emperor replaced by a totalitarian dictator? An unexpected popular upsurge in February 1974 made the ancien regime of Emperor Haile Selassie buckle. The Derg, a group of army officers led by an obscure and ruthless major Mengistu Hailemariam, seized power by military coup in September 1974 and removed the Emperor. What was the 'red terror'? The callous executions of members of the old regime initiated a cult of violence. The Derg were united by the shedding of blood. Search and destroy campaigns against militants led on to the full-blown 'red terror' in which thousands of the regime's opponents were brutally murdered in the streets. In what way was 'transitional justice' administered? The main officials were found guilty of genocide and crimes against humanity by the Ethiopian Federal High Court and sentenced to life imprisonment. Some of the minor officialshad already been sentenced to death, whilst President Mugabe has given Mengistu Hailemariam sanctuary in Zimbabwe. KJETIL TRONVOLL is Professor in Human Rights, Peace and Conflict Studies at the Norwegian Centre for Human Rights, University of Oslo; CHARLES SCHAEFER is Associate Professor of African History, Valparaiso University; GIRMACHEW ALEMU ANEME is a Research Fellow at the Norwegian Centre for Human Rights, University of Oslo.

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.

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.

'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'.

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.

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.

At the request of UNESCO, Jiri Toman, Acting Director of the Henry Dunant Institute in Geneva has written this detailed analysis of the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict - still the only universal legal instrument in this field. The author has used the materials that emerged from the preparatory work for the Convention and has taken numerous examples from UNESCO's records about the application of the Convention in conflicts over the last 40 years to illustrate this article-by-article commentary on the Convention itself, the Regulations for its Execution, and its Protocol. The author establishes parallels with other international legal instruments such as the 1977 Protocols Additional to the 1949 Geneva Conventions or the other UNESCO conventions relating to cultural heritage and puts forward ideas for a more general study of the protection of cultural property in the event of armed conflict and the legal and practical ways of achieving this. This work should satisfy the expectations of politicians and those responsible for culture in the countries that are States Parties to the Convention, now numbering more than 80, and of those that are considering becoming parties to it, given the increasing calls being made for the international community to have greater powers to defend the cultural heritage from attacks to which it is too often exposed in armed conflicts today.

This book argues that the Responsibility to Protect (R2P) the Libyan people played an important role in the U.S.'s decision to act, both in terms of how the language of deliberation was framed and the implementation of the actual intervention once all preventive means had been exhausted. While the initial ethos of the intervention followed international norms, the author argues that as the conflict continued to unfold, the Obama administration's loss of focus and lack of political will for post-conflict resolution, as well as a wider lack of understanding of ever changing politics on the ground, resulted in Libya's precipitation into chaos. By examining the cases of Rwanda and Darfur alongside the interventions in Kosovo, Iraq and Afghanistan, the book discusses how these cases influenced current decision-making with regards to foreign interventions and offers a triangular framework through which to understand R2P: responsibility to prevent, react and rebuild.

The articles in this volume shed light on some of the major tensions in the field of children's rights (such as the ways in which children's best interests and respect for their autonomy can be reconciled), challenges (such as how the CRC can be made a reality in the lives of children in the face of ignorance, apathy or outright opposition) and critiques (whether children's rights are a Western imposition or a successful global consensus). Along the way, the writing covers a myriad of issues, encompassing the opposition to the CRC in the US; gay parenting: Dr Seuss's take on children's autonomy; the voice of neonates on their health care; the role of NGO in supporting child labourers in India, and young people in detention and more.

First Published in 1995. The law of treaties, a central field of international law, was also a central concern for Paul Reuter as a jurist. In close association with Jean Monnet, he made a decisive contribution to the Schuman Plan which led to the treaty instituting the European Coal and Steel Community in 1951. But it was mainly from 1964 onwards, when he became a member of the International Law Commission, that he took an ever-growing part in the development of the law of treaties.

A constant yet oftentimes concealed practice in war has been the use of informers and collaborators by parties to an armed conflict. Despite the prevalence of such activity, and the serious and at times fatal consequences that befall those who collaborate with an enemy, international law applicable in times of armed conflict does not squarely address the phenomenon. The recruitment, use and treatment of informers and other collaborators is addressed only partially and at times indirectly by international humanitarian law. In this book, Shane Darcy examines the development and application of the relevant rules and principles of the laws of armed conflict in relation to collaboration. With a primary focus on international humanitarian law as may be applicable to various forms of collaboration, the book also offers an assessment of the relevance of international human rights law.

The 'Goldstone Report' of September 2009 started a critical debate at the international level. The Report raised serious allegations of grave violations of international law with regard to the Israeli attack on Gaza of 27 December 2008 - 18 January 2009, amounting to possible war crimes and crimes against humanity. The UN General Assembly and the Human Rights Council, amidst high political pressure, endorsed the Report s recommendations, calling for prompt and proper investigations to ensure accountability and justice for the victims. Given the lack of proper investigations at the national level, international justice mechanisms are now needed. Indeed, the ICC opened a preliminary examination of the situation but difficulties arose because of the uncertain status of the occupied Palestinian territory. The issue of the existence of a State of Palestine is extremely actual and still unsolved at the UN level.
With a foreword by prof. William Schabas, the book collects contributions by renowned international law professors as Eric David, John Dugard, Richard Falk and many other distinguished scholars and lawyers, and brings together for the first time essential documentation on the 'Gaza conflict'. The underlying question, whether there is a court for Gaza, can be seen as a test case for international justice, and shed a light on the role of international institutions in the difficult combination of law and politics that connotes international justice.
Useful forall those interested in the Israeli-Palestinian conflict, such as international and criminal law scholars, and human rights and humanitarian organizations."

The "ethnic cleansing" that has gripped the Balkans for much of this decade is but another chapter in the long history of man's inhumanity to man. Hopeful but unflinching in the face of such realities, Howard Ball's book focuses on international efforts to punish perpetrators of genocide and other war crimes. Combining history, politics, and critical analysis, he revisits the killing fields of Cambodia, documents the three-month Hutu "machete genocide" of about 800,000 Tutsi villagers in Rwanda, and casts recent headlines from Kosovo in the light of these other conflicts.

Beginning with the 1899 Geneva Accords and the Armenian genocide of World War I, Ball traces efforts to create an institution to judge, punish, and ultimately deter such atrocities-particularly since World War II, since which there have been fourteen cases of genocide. He shows how international military tribunals in Nuremberg and Tokyo set important precedents for international criminal justice, tells what the international community learned from its failure to stop Pol Pot in Cambodia, and describes the ad hoc tribunals convened to address genocide in the Balkans and Rwanda. He then focuses on the establishment of the International Criminal Court with the Treaty of Rome in 1998 and assesses its probable future.

The book also analyzes the reluctance of the United States to sanction the ICC, tracing longstanding U.S. reluctance to grant criminal justice jurisdiction to an international prosecutor. Ball examines questions of national sovereignty versus international law and reminds us that although most Americans consider such horrors to be problems of other countries, these are in fact countries in which many of our own citizens have their roots.

With its unique focus on the ICC, "Prosecuting War Crimes and Genocide" is a work of both synthesis and advocacy that combines history and current events to make us more aware of the racist fervor with which these brutalities are carried out, more alert to the euphemisms in which they are cloaked. It forces us to ask not only whether the killing will stop, but whether humanity can prevent future genocides.

This book offers a discursive analysis of the Turkish Foreign Policy on Humanitarian Interventions (HI) and the doctrine of the Responsibility to Protect (R2P). Across the chapters the author addresses important questions, such as: what is the position of the HI and R2P in the Turkish foreign policy discourse? Is there any variation between cases when it comes to the use of these concepts? How do these discourses shape/change/transform or sustain the Turkish identity? Despite the tendency in some countries to incorporate HI and R2P principles into their foreign policy (UK, Netherlands, Canada, Japan), and the fact that some countries are lobbying to make these principles a part of international or UN law, in the developing world these policies and concepts have not gained widespread recognition or approval. Countries like China, Brazil and India approach these concepts with suspicion or with reservation. The same tendency can be observed in the MENA region and in some parts of Africa and Asia. In this book, the author looks at the reasons behind these differences in approach and explores how the concept of identity affects Turkish foreign policy specifically. This study is invaluable for researchers and students of R2P and HI and foreign policy discourse in general.

Foreign investors often sustain injuries during violent situations, such as riots, revolutions, civil wars, and international armed conflicts. There is a great deal of uncertainty about how effective investment treaty protections are in volatile times, how they relate to other applicable legal frameworks, and how they affect the state security policy and the post-conflict transition to peace. This book explores how foreign investment is protected in times of armed conflict under the investment treaty regime. It does so by combining insights from different areas of international law, including international investment law, international humanitarian law, international human rights law, the law of state responsibility, and the law of treaties. While the protections have evolved over time, with the investment treaty regime providing the strongest legal framework for protecting investors yet, there has been an apparent shift in treaty practice towards safeguarding a state's security interests. Jure Zrilic identifies and analyses the flaws in the existent normative framework, but also highlights the potential that investment treaties have for minimising the devastating effects of armed conflict. The book offers an analytical framework for assessing the investment treaty regime in times of armed conflict, distinguishing between different paradigms and different types of conflicts. Crucially, he argues that a new approach is needed to appropriately balance the competing interests of host states and investors when it comes to investment protection in armed conflicts.

Rogue States is a collection of essays written by Chomsky in the late 1990s, all of which subvert the United States foreign policy discourse and the notion of the "rogue state", turning the focus of criticism inwards and demonstrating how Western powers fail to uphold their own standards of conduct. Among the topics considered are the Balkans Crisis, the embargo against Cuba, and US intervention in Latin America, all of which provide important lessons for today from one of our most eminent and insightful teachers.

This book presents ten original essays that reassess the meaning, relevance, and legacy of Michael Walzer's classic, Just and Unjust Wars. Written by leading figures in philosophy, theology, international politics and the military, the essays examine topics such as territorial rights, lessons from America's wars in Iraq and Afghanistan, the practice of humanitarian intervention in light of experience, Walzer's notorious discussion of supreme emergencies, revisionist criticisms of noncombatant immunity, gender and the rights of combatants, the peacebuilding critique of just war theory, and the responsibility of soldiers for unjust wars. Collectively, these essays advance the debate in this important field and demonstrate the continued relevance of Walzer's work.

In international humanitarian law (IHL), the principle of distinction delineates the difference between the civilian and the combatant, and it safeguards the former from being intentionally targeted in armed conflicts. This monograph explores the way in which the idea of distinction circulates within, and beyond, IHL. Taking a bottom-up approach, the multi-sited study follows distinction across three realms: the kinetic realm, where distinction is in motion in South Sudan; the pedagogical realm, where distinction is taught in civil-military training spaces in Europe; and the intellectual realm, where distinction is formulated and adjudicated in Geneva and the Hague. Directing attention to international humanitarian actors, the book shows that these actors seize upon signifiers of 'civilianness' in everyday practice. To safeguard their civilian status, and to deflect any qualities of 'combatantness' that might affix to them, humanitarian actors strive to distinguish themselves from other international actors in their midst. The latter include peacekeepers working for the UN Mission in South Sudan (UNMISS), and soldiers who deploy with NATO missions. Crucially, some of the distinctions enacted cut along civilian-civilian lines, suggesting that humanitarian actors are longing for something more than civilian status - the 'civilian plus'. This special status presents a paradox: the appeal to the 'civilian plus' undermines general civilian protection, yet as the civilian ideal becomes increasingly beleaguered, a special civilian status appears ever more desirable. However disruptive these practices may be to the principle of distinction in IHL, the monograph emphasizes that even at the most normative level there is no bright line distinction to be found.

Increasingly, European states are using policy on the reception of asylum seekers as an instrument of immigration control, eg by deterring the lodging of asylum applications, preventing integration into their societies and exercising a large degree of control over asylum seekers in order to facilitate expulsion. The European Union is currently engaged in a process of developing minimum conditions for the reception of asylum seekers, as part of a Common European Asylum System. This book critically examines the outcomes of the negotiation process on these minimum standards - Directive 2003/9/EC and Directive 2013/33/EU - in relation to international refugee law, international social security law and international human rights law. It presents a comprehensive analysis of state obligations that stem from these different fields of law with regard to asylum seekers' access to the labour market and social security benefits and compares them to the minimum standards developed in the European Union. To this end, it offers an in-depth study into the notion of non-discrimination on the basis of nationality in the field of social security and a detailed analysis of recent developments in the case law of the European Court on Human Rights on positive obligations in the socioeconomic sphere. It takes into account both the special characteristics of international legal obligations for states in the socioeconomic sphere and the legal consequences of the tentative legal status of asylum seekers. In addition, this book particularly examines how the instrumental use of social policy relates to international law.

The Fourth Geneva Convention, signed on 12th August 1949, defines necessary humanitarian protections for civilians during armed conflict and occupation. One-hundred-and-ninety-six countries are signatories to the Geneva Conventions, and this particular facet has laid the foundations for all subsequent humanitarian global law. How did the world - against seemingly insurmountable odds - draft and legislate this landmark in humanitarian international law? The Fourth Geneva Convention for Civilians draws on archival research across seven countries to bring together the Cold War interventions, founding motives and global idealisms that shaped its conception. Gilad Ben-Nun draws on the three key principles that the convention brought about to consider the recent events where its application has either been successfully applied or circumvented, from the 2009 Gaza War, the war crimes tribunal in the former Yugoslavia and Nicaragua vs. the United States to the contemporary conflict in Syria. Weaving historical archival research, a grounding in the concepts of international law, and insightful analysis of recent events, this book will appeal to a broad range of students, academics and legal practitioners.

Central to this book is the concept of humanity in international law. It traces the evolution of that concept within international law, studies the existing theories of crimes against humanity, and lays out its own theory based on an inclusive view of "humanity". Crimes against humanity are core crimes under international law; their modern definition is found in the Rome Statute. However, their protective scope remains unclear, with the exact meaning of "humanity" left undefined in law. The proposed theory argues that "humanity" should be understood as "humanness" and crimes against humanity should be criminalised because humanness constitutes these crimes' valid protected interest. This volume in the International Criminal Justice Series offers an analysis of the German doctrine of Rechtsgut to justify the penalization of crimes against humanity at both domestic and international levels. This is the first monograph on crimes against humanity written by an author from the Commonwealth of Independent States (CIS) aimed at an international audience, and should constitute a useful tool for academics, students and practitioners of international law. Rustam Atadjanov, LLB, LLM, Dr.jur., attained his Ph.D. at the University of Hamburg in Germany and is a former Legal Adviser to the Regional Delegation of the International Committee of the Red Cross in Central Asia, Tashkent, Uzbekistan.

This book offers a critical review of contemporary literature on the Palestinian-Israeli negotiations. Its goal is to highlight the shortcomings of the methods that have been used to date to analyse the underlying causes that have led to a stalemate in the negotiation process. Further, it pursues an approach that considers the multiple factors that can influence the outcomes of the negotiation process. The book represents a substantial academic contribution to the field of conflict resolution by broadening the scope of the analytical framework that is needed to analyse the Palestinian-Israeli negotiations, and bridging the gap between theory and practice. Accordingly, it offers a valuable asset for researchers and students interested in political theory, Middle Eastern studies, international relations, conflict resolution studies, political science, negotiation theory, and contemporary Arab studies and Israeli studies.

This Brief examines the role of United States private military contractors (PMCs) in human trafficking and forced labor in case studies of Iraq and Bosnia-Herzegovina. Through the lens of these cases, the authors explore the legal and regulatory deficiencies surrounding PMCs in conflict zones, and the role of international criminal law in this context. It uses an integrative model of state corporate crime as a theoretical and analytical framework. This work will be of interest to researchers in criminology and criminal justice, as well as those involved in the field of criminal law and human rights law, as well as political science. It will also be of interest for policy makers, legislators and others working in international law and diplomacy.

Shakespeare's "Henry V" has traditionally been acclaimed for its depiction of the psychological and political impact of warfare, and it remains one of the most widely-discussed plays in the cannon. In this study, Professor Meron uses rare medieval ordinances, and other medieval and Renaissance historical and legal sources to provide new contexts for Shakespeare's famous play. The result is an account of how Shakespeare's "Henry V" and other "histories" dramatically articulated complex medieval and Renaissance attitudes to warfare and the conduct of nations and individuals in time of war. The author uses the play and the campaign itself as a frame for the examination of the medieval laws of war, and examines stability and change in attitudes toward aspects of the law of war. This study should be of interest not only to scholars of war, history of law and literature, but also to anyone interested in this important period in the development of international humanitarian laws. Theodore Meron is the author of "Human Rights in International Law", "Human Rights Law-Making in the UN" and "Human Rights and Humanitarian Norms in International Law".