Propaganda, War Crimes Trials and International Law addresses the emerging jurisprudence and international law concerning propaganda in war crimes investigations and trials. The role of propaganda in the perpetration of atrocities has emerged as a central theme in the war crimes trials in the past century. The Nuremburg trials initially, and the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda currently, have all substantially contributed to the development of international law in this respect. Investigating and exploring the areas between lawful and unlawful propaganda, they have dealt with specific mechanisms and consequences of the phenomenon within the perspective and framework of their international legal mandates. But the cultural codes and argots through which propaganda operates have vexed international courts struggling to assign responsibility to the instigators of mass crimes, as subtle, but potentially fatal, communications often remain undetected, misinterpreted or even dismissed as entirely irrelevant. With contributions from leading international scholars and legal practioners, Propaganda, War Crimes Trials and International Law pursues a comparative approach to this problem: providing an overview of the current state of the theory of propaganda in the social sciences; exploring this theory in the legal analysis of war crimes and related proceedings; and, finally, offering a study of the prosecution of propaganda-related crimes in international law, and the newly emerging jurisprudence of war crimes propaganda cases.

The book presents the international laws on the use of force whilst demonstrating the unique insight a feminist analysis offers this central area of international law. The book highlights key conceptual barriers to the enhanced application of the law of the use of force, and develops international feminist method through rigorous engagement with the key writers in the field

The book looks at the key aspects of the UN Charter relevant to the use of force ? Article 2(4), Article 51 and Chapter VII powers ? as well as engaging with contemporary debates on the possibility of justified force to meet self-determination or humanitarian goals. The text also discusses the arguments in favour of the use of pre-emptive force and reflects on the role feminist legal theories can play in exposing the inconsistencies of contemporary arguments for justified force under the banner of the war on terror. Throughout the text state practice and institutional documentation are analysed, alongside key instances of the use of force.

The book makes a genuine, urgently needed contribution to a central area of international law, demonstrating the capacity of feminist legal theories to enlarge our understanding of key international legal dilemmas.

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 volume is a collection of the key writings of Professor Ramesh Thakur on norms and laws regulating the international use of force.

The adoption of the Responsibility to Protect (R2P) principle by world leaders assembled at the UN summit in 2005 is widely acknowledged to represent one of the great normative advances in international politics since 1945. The author has been involved in this shift from the dominant norm of non-intervention to R2P as an actor, public intellectual and academic and has been a key thinker in this process. These essays represent the author's writings on R2P, including reference to test cases as they arose, such as with Cyclone Nargis in Myanmar in 2008.

Comprising essays by a key thinker and agent in the Responsibility to Protect debates, this book will be of much interest to students of international politics, human rights, international law, war and conflict studies, international security and IR in general.

This book explores attempts to develop a more acceptable account of the principles and mechanisms associated with humanitarian intervention, which has become known as the 'Responsibility to Protect' (R2P).

Cases of genocide and mass violence have raised endless debates about the theory and practice of humanitarian intervention to save innocent lives. Since the humanitarian tragedies in Rwanda, Burundi, Bosnia, Kosovo and elsewhere, states have begun advocating a right to undertake interventions to stop mass violations of human rights from occurring. Their central concern rests with whether the UN's current regulations on the use of force meet the challenges of the post-Cold War world, and in particular the demands of addressing humanitarian emergencies. International actors tend to agree that killing civilians as a necessary part of state formation is no longer acceptable, nor is standing by idly in the face of massive violations of human rights. And yet, respect for the sovereign rights of states remains central among the ordering principles of the international community. How can populations affected by egregious human rights violations be protected? How can the legal constraints on the use of force and respect for state sovereignty be reconciled with the international community's willingness and readiness to take action in such instances? And more importantly, how can protection be offered when the Security Council, which is responsible for authorizing the use of force when threats to international peace and security occur, is paralyzed? The author addresses these issues, arguing that R2P is the best framework available at present to move the humanitarian intervention debate forward.

This book will be of interest to students of the responsibility to protect, war and conflict studies, human security, international organisations, security studies and IR in general.

Although more than 40 years have passed since the end of World War II, the subject of Nazi war criminals remains a timely and emotionally charged topic of interest to scholars as well as the general public. Administered jointly by the four major Allies, the Nuremberg trial of Hermann Goering and Joachim von Ribbentrop, among other Nazi leaders, has drawn much attention over the years. It was the U.S. Army, however, which was most active in bringing Nazi war criminals to justice and, between 1944 and 1947, the army prosecuted 1,672 individuals for violations of the laws of war. Most of the army's trials remained obscure and little-noticed, even though they dealt with almost 90 percent of all defendants in the American zone. This study examines the treatment of prominent and lesser-known war criminals in the U.S. Zone of Occupation, covering both the trial and clemency aspects of the American war crimes program. In addition, it also explores the relationship between the war criminals issue and U.S. efforts to democratize the Germans, German nationalism, U.S. constitutional issues, the cold war and German rearmament in the 1950s. Finally, the study analyzes the extent to which the U.S. Army war crimes program achieved its stated goals. Based on unpublished sources from both the United States and West Germany, many of which have only recently been declassified, this book provides fresh insight on Nazi war criminals and their treatment, as well as important issues relating to post-war Germany. This book will be of special interest to scholars and historians specializing in European and modern history, post-war Germany, U.S. foreign relations since World War II, the Holocaust, and U.S.military justice and war criminals.

The Status of Refugees in Asia surveys some of the key issues of law and policy affecting refugees in the Asian region. The movement and presence of refugees in different parts of the region is surveyed, and the general legal position - ranging from multilateral treaties to regional and national initiatives - evaluated. A selection of country profiles to illustrate the implementation of law and policy at the national level is provided, and the performance of three Asian countries which have acceded to the 1951 United Nations Refugee Convention and its 1967 Protocol is assessed: namely, China, Japan, and the Philippines. Attention is given to the five other countries which have not acceded to these instruments - Brunei, Indonesia, Malaysia, Singapore, and Thailand - and current critical refugee problem areas such as Afghanistan and Sri Lanka examined.

The book concludes by examining current difficulties with state practice in the region and presents possible solutions and new directions for the future.

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.

Sustainable development requires consideration of the quality of life that future generations will be able to enjoy, and as the adjustment to sustainable lifestyles gathers momentum, the rights of future generations and our responsibility for their wellbeing is becoming a central issue. In this, the first book to address this emerging area of international law, leading experts examine the legal and theoretical frameworks for representing and safeguarding the interests of future generations in current international treaties. This unique volume will be required reading for academics and students of international environmental law and policy. Emmanuel Agius is Senior Lecturer at the Faculty of Theology and Coordinator of the Future Generations Programme at the Foundation for International Studies, University of Malta. Salvino Busuttil is former Director General of the Foundation for International Studies. Future Generations and International Law is the seventh volume in the International Law and Sustainable Development series, co-developed with FIELD. The series aims to address and define the major legal issues associated with sustainable development and to contribute to the progressive development of international law. Other titles in the series are: Greening International Law, Interpreting the Precautionary Principle, Property Rights in the Defence of Nature, Improving Compliance with International Environmental Law, Greening International Institutions and Quotas in International Environmental Agreements. 'A legal parallel to the Blueprint series - welcome, timely and provocative' David Pearce Originally published in 1997

Genocide and Political Groups provides a comprehensive examination of the crime of genocide in connection with political groups. It offers a detailed empirical study of the current status of political groups under customary international law, as well as a comprehensive theoretical analysis of whether political genocide should be recognized as a separate crime by the international community.
The book discusses whether a stand-alone crime of political genocide should be recognized under international law. It begins by examining the historical development of genocide and critically assessing the unique requirements of the crime. It then demonstrates that other international offences -notably crimes against humanity and war crimes- are not workable substitutes for a specific offence that protects political groups.
This is followed by an analytical study of the protection of human groups under international law. The book proposes a new theory that links the protection of groups to individual rights of a certain character that give rise to the group's existence. It then applies that theory in evaluating whether political groups are legitimate candidates for specific protection from physical and biological destruction 'as such'.
The writing includes an exhaustive analysis of state practice and opinio juris on the treatment of political groups. It empirically refutes claims that political groups are protected already from genocide by virtue of post-Convention developments in customary international law. In response to this legal reality, however, the book analyses the theoretical and public policy justifications for international criminal law and demonstrates that the international community would be well served by creating a separate international crime to address political genocide.

Preventing Torture comprises a documentary and empirical study - of a kind rare in the field of international human rights law - of the European Convention for the Prevention of Torture and the work of the Committee (the CPT) established under it. The authors chart the international human rights background to the Convention (including the historical and contemporary use of torture), describe the travaux préparatoires, analyse the composition and modus operandi of the Committee and set the standards formulated and applied by the CPT against those developed by other human rights bodies. They also assess, on the basis of visits throughout Europe, the reactions to the Committee's work in member states and consider the implications of an enlarged Council of Europe for the CPT in the future.

Providing a critical introduction to the notion of humanitarianism in global politics, tracing the concept from its origins to the twenty-first century, this book examines how the so called international community works in response to humanitarian crises and the systems that bind and divide them. By tracing the history on international humanitarian action from its early roots through the birth of the Red Cross to the beginning of the UN, Peter Walker and Daniel G. Maxwell examine the challenges humanitarian agencies face, from working alongside armies and terrorists to witnessing genocide. They argue that humanitarianism has a vital future, but only if those practicing it choose to make it so. Topics covered include: the rise in humanitarian action as a political tool the growing call for accountability of agencies the switch of NGOs from bit players to major trans-national actors the conflict between political action and humanitarian action when it comes to addressing causes as well as symptoms of crisis. This book is essential reading for anyone with an interest in international human rights law, disaster management and international relations.

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

Divided Sovereignty explores new institutional solutions to the old question of how to constrain states when they commit severe abuses against their own citizens. The book argues that coercive international institutions can stop these abuses and act as an insurance scheme against the possibility of states failing to fulfill their most basic sovereign responsibilities. It thus challenges the long standing assumption that collective grants of authority from the citizens of a state should be made exclusively for institutions within the borders of that state. Despite worries that international institutions such as the International Criminal Court could undermine domestic democratic control, citizens can divide sovereign authority between state and international institutions consistent with their right of democratic self-governance.
States are imperfect, incomplete political forms. They presuppose a monopoly of coercive power and final jurisdictional authority over their territory. These twin elements of sovereignty and authority can be used by state leaders and political representatives in ways that stray significantly from the interests of citizens. In the most extreme cases, when citizens become inconvenient obstacles in the pursuit of the self-serving ambitions of their leaders, state power turns against them. Genocide, torture, displacement, and rape are often the means of choice by which the inconvenient are made to suffer or vanish.
The book defends universal, principled limits on state authority based on jus cogens norms, a special category of norms in international law that prohibit violations of basic human rights. Against skeptics, it argues that many of the challenges of building an additional layer of institutions can be met if we pay attention to the conditions of institutional success, which require (1) experimentation with different institutional forms, (2) limitations on the scope of authority for coercive international institutions through clear, narrow, well defined mandates, and (3) understanding the limits of existing knowledge on institutional design, which should make us suspicious of proposals for grand institutional schemes, such as global democracy.

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

This timely volume seeks to examine two of the most pertinent current challenges faced by asylum seekers in gaining access to international refugee protection: first, the obstacles to physical access to territory and, second, the barriers to accessing a quality asylum procedure - which the editors have termed 'access to justice'. To address these aims, the book brings together leading commentators from a range of backgrounds, including law, sociology and political science. It also includes contributions from NGO practitioners. This allows the collection to offer interdisciplinary analysis and to incorporate both theoretical and practical perspectives on questions of immense contemporary significance. While the examination offers a strong focus on European legal and policy developments, the book also addresses the issues in different regions (Europe, North America, the Middle East, Africa and Australia). Given the currency of the questions under debate, this book will be essential reading for all scholars in the field of asylum law.

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

International Law and Infectious Diseases is the first comprehensive analysis of the intersection between international law and infectious diseases. Infectious diseases pose a global threat, and international law plays an important but under-explored role in infectious disease control. The book analyses the globalization of public health; and it examines the history of international law in this area, the International Health Regulations, and international law on trade, human rights, armed conflict and arms control, and the environment. Fidler develops the concepts of microbialpolitik and global health jurisprudence to provide a political perspective and a framework for future legal action. The aim of this series of monographs is to publish important and original pieces of research on all aspects of public international law. Topics that are given particular prominence are those, which, while of interest to the academic lawyer, also have important bearing on issues which, touch the actual conduct of international relations. None the less the series is wide in scope and includes monographs on the history and philosophical foundations of international law.

Implementing International Humanitarian Law examines the international humanitarian law rules and their application by the ad hoc tribunals with regard to the substantive laws of the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal Rwanda (ICTR). The practice of the ICTY and the ICTR and their contribution to international humanitarian law, together with their possible impact on the International Criminal Court, is examined in light of the decisions rendered by the ad hoc tribunals and of the latest international humanitarian law instruments such as the 1996 ILC Draft Code of Crimes Against the Peace and Security of Mankind and the ICC Statute.

In managing the growing number of refugees arriving in the industrialised world, beginning at the end of the 1970s, States have devised increasingly restrictive policies. The objectives of these measures have been to restrict access to the territory or, at least, to asylum procedures. Thus, while international co-operation in the refugee field traditionally focused on protection and assistance, the last two decades have been characterised by the emergence of transnational policies aimed at containing refugee flows, primarily on the European continent. The convoluted refugee routes - often described as 'secondary' or 'irregular' movements of refugees between countries of origin and their final destination - have been among States' major preoccupations. To combat what they often perceive to be proof of the fraudulent or manifestly unfounded nature of asylum claims, European States have passed legislation or agreed on international instruments designed to allocate and even evade responsibility for the examination of asylum applications. Even bolder solutions have been advocated more recently, such as the outsourcing of asylum procedures through regional or offshore schemes. This book presents a critical legal analysis of the mechanisms and arrangements devised by States to tackle secondary movements of refugees, and offers innovative solutions to the protection crisis afflicting the global refugee regime. After providing a comprehensive breakdown of the various legal tools used by States to combat secondary refugee movements, the book argues that, while the legality of these various arrangements is seriously in doubt, the most appropriate way to address these protection failures is to strengthen and develop adequate international accountability mechanisms.

The post-World War Two period has witnessed numerous armed conflicts characterized by extensive violations of relevant obligatory international norms. Responding to these events, the United Nations General Assembly created a per-manent international court in 2003, with jurisdiction over selected international crimes. The International Tribunal for the Former Yugoslavia was a precursor to this permanent court. It was established for the purpose of "prosecuting persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia." As a precedent for what we may expect in the future, it deserves special attention from a historical, politi-cal, and especially an international law point of view.

The Prosecution of International Crimes comprehensively examines the creation, mandate, and challenges of the Inter-national Tribunal for the Former Yugoslavia. Derived from a special issue of Criminal Law Forum: An International Journal, a peer-review journal dedicated to the advance-ment of criminal law theory, practice, and reform through-out the world, it is now available in paperback.

First Published in 1998, this book presents an analysis of international humanitarian law, the law governing and seeking to mitigate the conduct of armed conflict. Since the first edition of this work came out in 1990 there have been important developments in the law and, sadly, a continuing experience of armed conflict and the humanitarian crises which it represents. As a result, this is not so much an 'updating' as the offering of a new book. International humanitarian law is here taken as coterminous with the jus in bello and covers both its 'Geneva' and 'Hague' elements dealing, respectively with the humanitarian protection and assistance of victims of armed conflict and the controls and restrictions placed upon methods and means of warfare. The rules and principles of international humanitarian law are presented and analysed in the context of their practical application in warfare, with emphasis upon recent experience. The Work is Primarily dedicated to the law relating to international armed conflict but also includes discussion of the relevant law applicable to non-international and 'low level' conflict.

'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'.

A soldier obeys illegal orders, thinking them lawful. When should we excuse his misconduct as based in reasonable error? How can courts convincingly convict the soldier's superior officer when, after Nuremberg, criminal orders are ex-pressed through winks and nods, hints and insinuations? Can our notions of the soldier's "due obedience," designed for the Roman legionnaire, be brought into closer harmony with cur-rent understandings of military conflict in the contemporary world? Mark J. Osiel answers these questions in light of new learning about atrocity and combat cohesion, as well as changes in warfare and the nature of military conflict.

Sources of atrocity are far more varied than current law as-sumes, and such variations display consistent patterns. The law now generally requires that soldiers resolve all doubts about the legality of a superior's order in favor of obedience. It ex-cuses compliance with an illegal order unless the illegality--as with flagrant atrocities--would be immediately obvious to any-one. But these criteria are often in conflict and at odds with the law's underlying principles and policies. Combat and peace op-erations now depend more on tactical imagination, self-disci-pline, and loyalty to immediate comrades than on immediate, unreflective adherence to the letter of superiors' orders, backed by threat of formal punishment. The objective of military law is to encourage deliberative judgment. This can be done, Osiel sug-gests, in ways that enhance the accountability of our military forces, in both peace operations and more traditional conflicts, while maintaining their effectiveness.

Osiel seeks to "civilianize" military law while building on sol-diers' own internal ideals of professional virtuousness. He re-turns to the ancient ideal of martial honor, reinterpreting it in light of new conditions, arguing that it should be implemented through realistic training in which legal counsel plays an en-larged role rather than by threat of legal prosecution. Obeying Orders thus offers a compelling answer to the question that has most haunted the moral imagination of the late twentieth cen-tury: the roots--and restraint--of mass atrocity in war.