'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.

Between War and Politics is the first book length study of war in the thought of one of the twentieth-century's most important and original political thinkers. Hannah Arendt's writing was fundamentally rooted in her understanding of war and its political significance. But this element of her work has surprisingly been neglected in international and political theory.
This book fills an important gap by assessing the full range of Arendt's historical and conceptual writing on war and introduces to international theory the distinct language she used to talk about war and the political world. It builds on her re-thinking of old concepts such as power, violence, greatness, world, imperialism, evil, hypocrisy and humanity and introduces some that are new to international thought like plurality, action, agonism, natality and political immortality. The issues that Arendt dealt with throughout her life and work continue to shape the political world and her approach to political thinking remains a source of inspiration for those in search of guidance not in what to think but how to think about politics and war. Re-reading Arendt's writing, forged through firsthand experience of occupation and struggles for liberation, political founding and resistance in time of war, reveals a more serious engagement with war than her earlier readers have recognized. Arendt's political theory makes more sense when it is understood in the context of her thinking about war and we can think about the history and theory of warfare, and international politics, in new ways by thinking with Arendt.
This book is a project of the Oxford Leverhulme Programme on the Changing Character of War.

The unprecedented mass movement of populations since World War II has increased tensions among groups of people by breaking down the homogeneity of older countries and increasing the fragility of newly independent states encompassing several minorities within their borders. These changes, according to author Jay Sigler, dictate the necessity of clarifying human and minority rights. He highlights the main points of minority rights, traces their history, and demonstrates their distinctly modern features. Sigler considers the theoretical implications of minority versus individual and collective rights and examines the efforts in this area made by the United States, India, the United Kingdom, Belgium, and the Union of Soviet Socialist Republics. Finally, he proposes his own provisional theory of minority rights.

Although rooted in a similar ideal, human rights (IHRL), international criminal law (ICL) and international humanitarian law (IHL) are separate fields of law, best represented as circles, each of which overlaps with the other two. However human rights often seems to absorb the other two, while in other situations, the lines between human rights law and its next door neighbours are blurred or contested.This volume consists of three main parts. The first main part explores the convergences and divergences between IHL and/or IHRL on the one hand, and ICL stricto sensu on the other hand. The second part investigates the convergences and divergences between IHRL and transnational crimes, or ICL in the broader sense, which suppresses crimes such as drug trafficking, trafficking in human beings and corruption through international treaties providing for domestic enforcement. The last main part of this volume provides the reader with novel and original insights as to how IHRL and IHL converge and diverge by considering if and how the norms of other branches of international law come into play and how the European Court of Human Rights has engaged with the sometimes contradicting norms of IHL. It furthermore analyses the relationship between the specific IHL and IHRL norms which prohibit arbitrary displacement and maps their interaction. Finally, the effectiveness of States' investigations of war crimes committed by their armed forces is evaluated by emphasising attention to the relevant standards developed within IHRL, since IHL does not indicate specific criteria to evaluate the effectiveness of an investigation.

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

International trusteeship and the civilizing mission never ended with the self-determination entitlement that led to decolonization in the second half of the 20th century. International organizations, whose modern form emerged during the height of colonialism, took on this role in the "post-colonial" era, internationalizing trusteeship and re-legitimizing it as a feature of international public policy into the bargain. Through analysis of the history of and purposes associated with the involvement of international organizations in territorial administration, such as the recent UN missions in Kosovo and East Timor, a comparison between this activity and colonial trusteeship, the Mandates and Trusteeship arrangements, and an exploration of the modern ideas of international law and public policy that underpin and legitimize contemporary interventions, this book relates a new history of the concept of international trusteeship.
From British colonialist Lord Lugard's "dual mandate" to the High Representative in Bosnia and Herzegovina Lord Ashdown's "state-building" agenda, wide-ranging links between the complex peace operations of today and the civilizing mission of the colonial era are established, offering a historical, political and legal framework within which the legitimacy of and challenges faced by complex interventions can be appraised. This new history of international trusteeship raises important questions about the role of international law and organizations in facilitating relations of domination and tutelage, and necessitates a re-evaluation of the current significance of the self-determination entitlement.

This book, winner of an ASIL Certificate of Merit 2002, critically examines the right of humanitarian intervention, asserted most spectacularly by NATO during its 1999 air strikes over Kosovo. The UN Charter prohibits the unilateral use of force, but there have long been arguments that such a right might exist as an exception to this rule, or linked to the changing role of the Security Council. Through an analysis of these questions, the book puts NATO's action in Kosovo in its proper legal and historical perspective.

International refugee law anticipates state conduct in relation to nationality, statelessness, and protection. Refugee status under the Convention relating to the Status of Refugees 1951 and regional and domestic instruments referring to it can be fully understood only against the background of international laws regarding nationality, statelessness, and the consequences of national status or the lack of it. In this significant addition to the literature a leading practitioner in these fields examines, in the light of international law, key issues regarding refugee status including identification of 'the country of his nationality', concepts of 'effective nationality', and the inclusion within 'persecution' of a range of acts or omissions focused on nationality.

The act of fighting or being a fighter has certain consequences in international law. The most obvious example can be found in international humanitarian law, where a distinction is drawn between fighters and civilians, with fighters being military objectives and civilians being protected from attack. Another example is from international human rights law, where it has been held that the particular characteristics of military life have to be taken into account when interpreting the human rights of members of state armed forces. This volume focuses on the field of international criminal law and asks the question: what relevance does fighting have to victimhood in international criminal law? Among the topics which are explored are: how have international criminal courts and tribunals untangled lawful casualties of war from victims of war crimes? How have they determined who is a member of an organised armed group and who is not? What crimes can those who fight be victims of during hostilities? When does it become relevant in international criminal law that an alleged victim of a crime was a person hors de combat rather than a civilian? Can war crimes be committed against members of non-opposing forces? Can persons hors de combat be victims of crimes against humanity and genocide? What special considerations surround peacekeepers and child soldiers as victims of international crimes? The author carries out an in-depth exploration of case law from international criminal courts and tribunals to assess how they have dealt with these questions. She concludes that the import of fighting upon victimhood in the context of international criminal law has not always been appreciated to the extent it should have been.

The most authoritative work in the field, this classic study is once again available. Professor Brownlie has confined himself to the pursuit, on historic lines, of an estimation of the extent of legal prohibition of the use of force by states. He includes the deliberations and findings of political organs of the League of Nations and the United Nations, as well as a study of the quality of prohibition of force, making some indication of relevant corollaries.

Fully utilizing the latest archival material, this book provides a comprehensive, multi-dimensional and nuanced understanding of the Tokyo Tribunal by delving into the temporal aspects that extended the relevance and reverberations of the Tribunal beyond its end in 1948. With this as a backdrop, this book contributes to the study of Japanese postwar diplomacy. It shows the Tokyo Tribunal is still very much an experiment in progress, and how the process itself has helped Japan to quickly shed its imperial past and remain ambiguous as to its war responsibilities. From a wider vantage point, this book augments the existing scholarship of international criminal law and justice, offering a clear framework as to the limits of what international criminal tribunals can accomplish and offers a must-read for academics and students as well as for practitioners, journalists and policymakers interested in international criminal law and US-Japanese diplomatic history,

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.

This book explores the extent to which the International Criminal Court (ICC) has influenced peace processes in Co te d'Ivoire, Kenya and Uganda. It examines how the prosecution of those who bear the greatest responsibility for crimes committed in these countries may have negatively or positively influenced the process of making peace in their wake. It is concerned with how international accountability affects post-conflict countries and what the ICC brings to peace processes. The central question addressed by the book is whether justice spurs peace in post- conflict societies or whether justice complicates the peace process. If so, how? Relying on qualitative studies in these countries, this book comparatively analyses the impact of the interventions of the ICC in Uganda (2004), Kenya (after the 2007/2008 post-election violence), and Co te d'Ivoire. Its aim is to provide an evidence-based account of how the involvement of the ICC in these countries influences the processes of promoting peace. To gauge this, Malu develops an analytical framework which is based on four variables: deterrence, victims' rights, reconciliation and accountability to the law. This book will appeal to those interested in post-conflict reconstruction, transitional justice, peace studies, conflict transformation, and international criminal law, including peace practitioners and those working in the field of international justice.

Many of the combatants in the European wars of the late middle ages fought for their own gain, but they observed a code of regulations, part chivalrous and part commercial which they called the 'law of arms'. This book, originally published in 1965, examines this soldiers' code, to understand its rules and how they were enforced. How did a soldier sue for ransom money if his prisoner would not pay it, and before what court? How did he know whether what he took by force was lawful spoil? As the answers to these and other questions reveal, the workings of the law of arms gave practical point to the contemporary cult of chivalry. It also had an important influence on the early development of ideas of international law.

We often think of the army as an institution whose members are required to blindly obey all orders they receive. However, this perception is inaccurate. Disobedience is a fundamental professional obligation of members of the military and overrides the obligation to follow commands. But what is the extent of this obligation? Are soldiers obligated to participate in what they consider to be an illegal war, or should they be allowed to enjoy a right to selective conscientious objection? Should soldiers obey a legal order that, if followed, would facilitate the perpetration of war crimes by a third party? How should soldiers act if they are ordered to follow a lawful order that could result in immoral consequences? Should soldiers be allowed to refuse to obey what can be labeled as suicidal orders? Based upon the nature of soldiers' professional obligations, this book tries to offer answers to these important questions. The author turns to a number of different case-studies, including conscientious objections, duty to protect in genocidal situations such as Rwanda and Srebrenica, suicidal orders in wars, as well as retribution and leniency towards war criminals, as a way of assessing the different legal and ethical implications of disobedience in the military.

John Gibson, an expert on human rights, discusses the issues and context of rights including the universality of rights, the hierarchy of rights, and conflicts between rights, a discussion that creates the framework for further research. The dictionary entries on the sixty-six rights in international treaties and declarations are divided into five categories: civil and political rights; legal rights; economic, social, and cultural rights; collective rights; and declaratory rights. Each entry contains the treaty definition, other sources and treaties, an expanded definition, historical landmarks in the development of the right, and cross references. Includes an extensive bibliography. An essential, one-of-a-kind reference source for graduate and undergraduate students and professors of law, political science, international relations, and history.

This book follows the history of the international law of peace and armed conflict over the last 25 years. It highlights both the parameters that have remained the same over the years as well as the new challenges now facing international law. The articles analyze new developments concerning the prohibition of the use of force in international relations, self-determination of peoples, human rights and human security as well as international coordination of humanitarian assistance.

This book analyses two key topics within international politics: the responsibility to protect (R2P) and the commercialization and privatization of security. In a world of ungoverned spaces, state failure and erupting humanitarian crises, the international community is increasingly called upon to exercise its responsibility to protect communities under threat. Here, Krieg explains the civil-military dynamics behind the state's failure to effectively intervene in humanitarian crises overseas using its serviceman. The central question that follows is: would the private military contractor be a better alternative agent of the state in humanitarian intervention? This book demonstrates that given his professional identity and role towards client state and public, the contractor can be employed effectively in humanitarian intervention to generate more ethical outcomes. This volume is essential reading for researchers and post-graduate students of R2P, International Security Studies and privatization, as well as Peace and Conflict studies and International Relations more broadly.

In the late 1990s NATO dropped bombs and supported armed insurgencies in Yugoslavia while insisting that its motives were purely humanitarian and that its only goal was peace. However, George Szamuely argues that NATO interventions actually prolonged conflicts, heightened enmity, increased casualties, and fueled demands for more interventions.
Eschewing the one-sided approach adopted by previous works on the Yugoslavian crisis, Szamuely offers a broad overview of the conflict, its role in the rise of NATO's authority, and its influence on Western policy on the Balkans. His timely, judicious, and accessible study sheds new light on the roots of the contemporary doctrine of humanitarian intervention.

This volume examines the legacy of the International Criminal Tribunal for the former Yugoslavia (ICTY), which was created under Chapter VII of the UN Charter as a mechanism explicitly aimed at the restoration and maintenance of international peace and security. As the ICTY has now entered its twentieth year, this volume reflects on the record and practices of the Tribunal. Since it was established, it has had enormous impact on the procedural, jurisprudential and institutional development of international criminal law, as well as the international criminal justice project. This will be its international legacy, but its legacy in the region where the crimes under its jurisdiction took place is less clear; research has shown that reactions to the ICTY have been mixed among the communities most affected by its work. Bringing together a range of key thinkers in the field, Prosecuting War Crimes explores these findings and discusses why many feel that the ICTY has failed to fully engage with people's experiences and meet their expectations. This book will be of much interest to students of war crimes, international criminal law, Central and East European politics, human rights, and peace and conflict studies.

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.

This book is based on the author's experience of working for more than two decades in over thirty conflict and post-conflict zones. It is written for those involved in UN peacekeeping and the protection of civilians. It is intended to be accessible to non-lawyers working in the field who may need to know the applicable legal standards relating to issues such as the use of force and arrest and detention powers on the one hand and the delivery of life-saving assistance according to humanitarian principles on the other. It will also be of interest to scholars and students of peacekeeping, international law and international relations on the practical dilemmas facing those trying to operationalise the various conceptions of 'protection' during humanitarian crises in recent years.

This extensively revised third edition covers developments since publication of the second edition in 1997. It includes consideration of the UN human rights system, international humanitarian law, European human rights law and Inter-American human rights law. New chapters address capital punishment in African human rights law and international criminal law. An extensive list of appendices contains many of the essential documents for the study of capital punishment in international law. (Introduced with a Foreword by Judge Gilbert Guillaume, President of the International Court of Justice.) Previous Edition Hb (1997): 0-521-58135-4 Previous Edition Pb (1997): 0-521-58887-1

Terrorism: Commentary on Security Documents is a series that provides primary source documents and expert commentary on various topics relating to the worldwide effort to combat terrorism, as well as efforts by the United States and other nations to protect their national security interests. Volume 147, Assessing the 2017 U.S. National Security Strategy, evaluates the changes in U.S. national security policy indicated in the National Security Strategy published by the Trump administration in 2017, as well as the U.S. National Defense Strategy, a summary of which was made available to the public in 2018. The volume also takes a close look at the comparable strategy documents of the Russian Federation and the People's Republic of China (PRC), the two greatest competitors of the U.S. in the global power structure, in addition to considering the U.S. security posture in the broader international context. In addition to including the text of the 2017 U.S. National Security Strategy and the 2018 U.S. National Defense Strategy, this volume also includes the Russian Federation's Foreign Policy Concept, National Security Strategy, and Military Doctrine, and China's national defense, military strategy, and Asia-Pacific cooperation documents, as well as Chinese President Xi Jinping's October 2017 speech to the 19th National Congress of the Communist Party of China outlining the way forward for the PRC. Two 2017 CRS reports examining U.S. security strategy in the international context are also included: U.S. Role in the World: Background and Issues for Congress and A Shift in the International Security Environment: Potential Implications for Defense-Issues for Congress.