This book addresses the technological evolution of modern warfare due to unmanned systems and the growing capacity for cyberwarfare. The increasing involvement of unmanned means and methods of warfare can lead to a total removal of humans from the navigation, command and decision-making processes in the control of unmanned systems, and as such away from participation in hostilities - the "dehumanization of warfare." This raises the question of whether and how today's law is suitable for governing the dehumanization of warfare effectively. Which rules are relevant? Do interpretations of relevant rules need to be reviewed or is further and adapted regulation necessary? Moreover, ethical reasoning and computer science developments also have to be taken into account in identifying problems. Adopting an interdisciplinary approach the book focuses primarily on international humanitarian law, with related ethics and computer science aspects included in the discussion and the analysis.

This book provides an analysis of whether the International Criminal Court can be regarded as an International Criminal World Court, capable of exercising its jurisdiction upon every individual despite the fact that not every State is a Party to the Rome Statute. The analysis is based on a twin-pillar system, which consists of a judicial and an enforcement pillar. The judicial pillar is based on the most disputed articles of the Rome Statute; its goal is to determine the potential scope of the Court's strength through the application of its jurisdiction regime. The enforcement pillar provides an analysis of the cooperation and judicial assistance mechanism pursuant to the Rome Statute's provisions and its practical implementation through States' practices. The results of the analysis, and the lack of an effective enforcement mechanism, demonstrate that the ICC cannot in fact be considered a criminal world court. In conclusion, possible solutions are presented in order to improve the enforcement pillar of the Court so that the tremendous strength of the ICC's judicial pillar, and with it, the exercise of worldwide jurisdiction, can be effectively implemented.

Refugees and migration are not a new story in the history of humankind, but in the last few years, against a backdrop of huge numbers of migrants, especially from war-torn countries, they have again been a topic of intensive and contentious discussion in politics, the media and scientific publications. Two United Nations framework declarations on the sustainable development goals and on refugees and migrants adopted in 2016 have prompted the editors - who have a background in international criminology - to invite 60 contributors from different countries to contribute their expertise on civic education aspects of the refugee and migrant crisis in the Global North and South. Comprising 35 articles, this book presents an overview of the interdisciplinary issues involved in irregular migration around the world. It is intended for educationists, educators, diplomats, those working in mass media, decision-makers, criminologists and other specialists faced with questions involving refugees and migrants as well as those interested in improving the prospects of orderly, safe, regular and responsible migration in the context of promoting peaceful and inclusive societies for sustainable development. Rather than a timeline for migration policies based on "now", with states focusing on "stopping migration now", "sending back migrants now" or "bringing in technicians or low-skilled migrant workers now", there should be a long-term strategy for multicultural integration and economic assimilation. This book, prefaced by Francois Crepeau, the United Nations Special Rapporteur on the human rights of migrants, and William Lacy Swing, Director-General of the International Organization for Migration, addresses the question of the rights and responsibilities involved in migration from the academic and practical perspectives of experts in the field of social sciences and welfare, and charts the way forward to 2030 and beyond, and also beyond the paradigm of political correctness.

Do States, through their military forces, have legal obligations under human rights treaties towards the local civilian population during UN-mandated peace operations? It is frequently claimed that it is unrealistic to require compliance with human rights treaties in peace operations and this has led to an unwillingness to hold States accountable for human rights violations. In this book, Kjetil Larsen criticises this position by addressing the arguments against the applicability of human rights treaties and demonstrating that compliance with the treaties is unrealistic only if one takes an 'all or nothing' approach to them. He outlines a coherent and more flexible approach which distinguishes clearly between positive and negative obligations and makes treaty compliance more realistic. His proposals for the application of human rights treaties would also strengthen the legal framework for human rights protection in peace operations without posing any unrealistic obligations on the military forces.

This book analyzes emergency legislations formed in response to terrorism. In recognition that different countries, with different legal traditions, have different solutions, it adopts a comparative point of view. The countries profiled include America, France, Israel, Poland, Germany and United Kingdom. The goal is not to offer judgment on one response or the other. Rather, the contributors offer a comprehensive and thoughtful examination of the entire concept. In the process, they draw attention to the inadaptability of traditional legal and philosophical categories in a new and changing political world. The contributors first criticize the idea of these legislations. They then go on to develop different models to respond to these crises. They build a general analytical framework by answering such questions as: What is an emergency legislation? What kinds of emergencies justify laws of this nature? Why is contemporary terrorism such a specific emergency justifying new laws? Using legal and philosophical reflections, this study looks at how we are changing society. Coverage also provides historical experiences of emergency legislations to further illustrate this point. In the end, readers will gain insight into the long-term consequences of these legislations and how they modify the very work of the rule of law.

This book focuses on Boko Haram and terrorism in Nigeria, framing the conflict in an international law context. It analyses the nature of political violence and the dominant roles of a violent nation-state (in both colonial and post-colonial experiences) and the rise of terrorism in Nigeria. The book unearths embedded evidence of religious nepotism on the part of state officials using such state institutions as Islamic Preaching Boards to promote one Islamic sect over another in mainly Muslim Northern Nigeria. The book offers insights into this subtle sectarian divide and how this and other 'subterranean' elements have contributed to the rise of Boko Haram in Northern Nigeria beyond the dominant poverty-terrorism nexus narrative. Furthermore, the book analyses the various components of Boko Haram's radical ideology, situates them in Islamic Jurisprudence, and examines the philosophy of the group (both in doctrine and practice) - their interpretation of the Koran and the waging of Jihad, and the extent to which they conform to the Islamic Sect Boko Haram claims to follow. The book then examines the basic doctrinal features and characteristics of Boko Haram - waging Jihad, prohibiting revealing dresses for women and mixing of genders, rejecting western values and institutions, denouncing scientific inquiry and democracy, hostage taking, sexual exploitation of captives and other aspects of jus ad bellum and jus in bello in Islamic jurisprudence and international law. Finally, the book analyses the plight of vulnerable groups such as internally displaced persons, the atrocities committed against women and girls in the Boko Haram insurgency and the (in)ability of international law to enforce the protections offered to the victims. From the perspective of critical intellectual inquiry, the book also challenges a number of fundamental assumptions and encourages us to revisit our legal characterisation of certain concepts such as "gender-based crimes". It then goes further to analyse some legal grey areas in the Boko Haram insurgency such as the legal status of the Civilian Joint Task Force (CJTF) and the legal framework for holding members accountable for violations of international human rights and humanitarian law. Overall, the book represents a valuable contribution to scholarship, deepens our understanding and delineates how international law could respond to the Boko Haram insurgency in Nigeria in particular and terrorism in Africa in general.

This book employs game theory to warfare and in particular to military operations. It aims at scrutinizing the validity of the two ideas that have governed the literature on war and warfighting: One is the Clausewitzian Fog of War, which suggests that he who is able to "see" through the gunsmoke and observe his opponent's moves before he has to commit to some strategy himself, should be able to gain an advantage over that enemy; the other is the tradition of understanding military conflict as a zero-sum game. Combined, these ideas seem to imply that war always gives rise to a second-mover advantage. This book questions the validity of this presumption at the operational level of military planning. It provides a simple but rigorous game-theoretic framework in order to analyse operational alternatives for a whole range of typical conflicts Western military forces are facing, including the most recent ones such as Anti-Access/Area-Denial and supporting host nations' counterinsurgency campaigns.

In The Responsibility to Protect: The Promise of Stopping Mass Atrocities in Our Time, Jared Genser and Irwin Cotler provide a comprehensive overview on how this contemporary principle of international law has developed and analyze how best to apply it to current and future humanitarian crises. The "responsibility to protect" is a doctrine unanimously adopted by the UN World Summit in 2005, which says that all states have an obligation to protect their own citizens from mass atrocities, which includes genocide, war crimes, crimes against humanity, and ethnic cleansing. Its adoption and application has generated a passionate debate in law schools, professional organizations, media and within the U.N. system. To present a full picture of where the doctrine now stands and where it could go in the future, editors Jared Genser and Irwin Cotler have assembled a global team of authors with diverse backgrounds and differing viewpoints, including Edward Luck, the UN Secretary-General's Special Advisor on the Responsibility to Protect. Genser and Cotler balance the pro-RtoP chapters with more skeptical arguments from agency staff and scholars with long experience in addressing mass atrocities. Framed by a Preface from Desmond Tutu and Vaclav Havel and a Conclusion from Gareth Evans, these in-depth and authoritative analyses move beyond theory to demonstrate how RtoP has worked on the ground and should work if applied to other crises. The global focus of this book, as well as its detailed application of the principle in case studies make it uniquely useful to staff at international organizations and NGOs considering use of the principle in a given circumstance, to scholars providing advice to governments, and to students seeking guidance on this still-expanding subject.

This book investigates the modern privatisation of war. It specifically focuses on the legal regime regulating private military and security company (PMSC) personnel in armed conflicts. The law regulating PMSC personnel is analysed from two perspectives. Firstly, can one of the three following legal statuses established by international humanitarian law - "mercenary", "combatant" or "civilian" - be applied to PMSC personnel? Secondly, the book employs a context-dependent methodology to explore the legal regime regulating PMSC personnel. It argues that the legal regime regulating PMSC personnel in armed conflicts depends on who hires them: individual states, the United Nations, non-governmental organisations, or armed groups. This approach represents a departure from previous literature, where attention has primarily been paid to the use of PMSCs by states.

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.

This book analyzes the implementation of Law 975 in Colombia, known as the Justice and Peace Law, and proposes a critical view of the transitional scenario in Colombia from 2005 onwards. The author analyzes three aspects of the law: 1) The process of negotiation with paramilitary groups; 2) The constitution of the Group Memoria Historica (Historic Memory) in Colombia and 3) The process of a 2007 law that was finally not passed. The book contains interviews with key actors in the justice and peace process in Colombia. The author analyses the contradictions, tensions, ambiguities and paradoxes that define the practices of such actors. This book highlights that a critical view of this kind of transitional scenario is indispensable to determine steps towards a just and peaceful society.

Attacks on humanitarian aid operations are both a symptom and a weapon of modern warfare, and as armed groups increasingly target aid workers for violence, relief operations are curtailed in places where civilians are most in need. This book provides an in-depth analysis of the challenges to humanitarian action in warzones, the risk management and negotiation strategies that hold the most promise for aid organizations, and an ethical framework from which to tackle the problem. By combining rigorous research findings with structural historical analysis and first-person accounts of armed attacks on aid workers, the author proposes a reframed ethos of humanitarian professionalism, decoupled from organizational or political interests, and centered on optimizing outcomes for the people it serves.

This book addresses the intersection of various domains of international law (refugee law, human rights law including child rights international law and humanitarian law) in terms of the implications for State obligations to child refugee asylum seekers in particular; both as collectives and as individual persons. How these State obligations have been interpreted and translated into practice in different jurisdictions is explored through selected problematic significant cases. Further, various threats to refugee children realizing their asylum rights, including refoulement of these children through State extraterritorial and pushback migration control strategies, are highlighted through selected case law. The argument is made that child refugee asylum seekers must not be considered, in theory or in practice, beyond the protection of the law if the international rule of law grounded on respect for human dignity and human rights is in fact to prevail.

Rain Liivoja explores why, and to what extent, armed forces personnel who commit offences abroad are prosecuted under their own country's laws. After clarifying several conceptual uncertainties in the doctrine of jurisdiction and immunities, he applies the doctrine to the extraterritorial deployment of service personnel. Comparing the law and practice of different states, the author shows the sheer breadth of criminal jurisdiction that countries claim over their service personnel. He argues that such claims disclose a discrete category of jurisdiction, with its own scope and rationale, which can be justified as a matter of international law. By distinguishing service jurisdiction as a distinct category, the analysis explains some of the peculiarities of military criminal law and also provides a basis for extending national criminal law to private military contractors serving the state. This book is essential for scholars and practitioners in international and criminal law, especially in military contexts.

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 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.

This Brief uses the theory of norm contestation as a model for understanding variation in norm-related behavior in international relations. While most typical approaches to understanding norms view norms as stable structures and actor responses to them as unquestioned, in a global political climate where departures from expected behavior may occur, a more nuanced model is needed. By using a norm contestation framework that highlights norm fluidity and actor agency, this book expands the discussion, providing insight into divergent interpretations of norm violation and compliance and the dynamic nature of norms. The first two chapters introduce the norm contestation model, explain how it contributes to the literature on norm violations, and discuss the reasons for the cases discussed. Chapters Three and Four provide detailed case studies of the mechanisms of norm contestation as they apply to the civilian immunity and non-intervention norms. Chapter Five concludes by reconnecting the norm contestation model to the case studies and describing how it can be applied to norms other than those regulating armed conflict. It also discusses policy implications and avenues for future research. As such, this book will appeal to students and researchers working broadly on issues related to international relations theory, armed conflict, security studies, humanitarianism, human rights, international law, and global governance. It will also be of interest to policy-makers and practitioners interested in influencing the normative behavior of actors in diverse arenas.

How do international human rights and humanitarian law protect vulnerable individuals during peace and war? Provost analyzes systemic similarities and differences between the two to examine how they are each designed to achieve their specific goals. He describes the dynamics of human rights and humanitarian law, revealing that each performs a task for which it is better suited than the other, and that the fundamentals of each field remain partly incompatible. He covers all relevant materials from the UN, ICTY, ICTR, and regional organizations in Europe, Africa and Latin America.

The gender-differentiated and more severe impacts of armed conflict upon women and girls are well recognised by the international community, as demonstrated by UN Security Council Resolution (UNSCR) 1325 on Women, Peace and Security and subsequent resolutions. Similarly, the development community has identified gender-differentiated impacts upon women and girls as a result of the effects of climate change. Current research and analysis has reached no consensus as to any causal relationship between climate change and armed conflict, but certain studies suggest an indirect linkage between climate change effects such as food insecurity and armed conflict. Little research has been conducted on the possible compounding effects that armed conflict and climate change might have on at-risk population groups such as women and girls. Armed Conflict, Women and Climate Change explores the intersection of these three areas and allows the reader to better understand how military organisations across the world need to be sensitive to these relationships to be most effective in civilian-centric operations in situations of humanitarian relief, peacekeeping and even armed conflict. This book examines strategy and military doctrine from NATO, the UK, US and Australia, and explores key issues such as displacement, food and energy insecurity, and male out-migration as well as current efforts to incorporate gender considerations in military activities and operations. This innovative book will be of great interest to students and scholars of international relations, international development, international security, sustainability, gender studies and law.

In the light of mass migration, the rise of nationalism and the resurgence of global terrorism, this timely volume brings the debate on border protection, security and control to the centre stage of international relations research. Rather than analysing borders as mere lines of territorial demarcation in a geopolitical sense, it sheds new light on their changing role in defining and negotiating identity, authority, security, and social and economic differences. Bringing together innovative and interdisciplinary perspectives, the book examines the nexus of authority, society, technology and culture, while also providing in-depth analyses of current international conflicts. Regional case studies comprise the Ukraine crisis, Nagorno-Karabakh, the emergence of new territorial entities such as ISIS, and maritime disputes in the South China Sea, as well as the contestation and re-construction of borders in the context of transnational movements. Bringing together theoretical, empirical and conceptual contributions by international scholars, this Yearbook of the Austrian Institute for International Affairs offers novel perspectives on hotly debated issues in contemporary politics, and will be of interest to researchers, graduate students and political decision makers alike.

In international law, as in any other legal system, respect and protection of human rights can be guaranteed only by the availability of effective judicial remedies. When a right is violated or damage is caused, access to justice is of fundamental importance for the injured individual and it is an essential component of the rule of law. Yet, access to justice as a human right remains problematic in international law. First, because individual access to international justice remains exceptional and based on specific treaty arrangements, rather than on general principles of international law; second, because even when such right is guaranteed as a matter of treaty obligation, other norms or doctrines of international law may effectively impede its exercise, as in the case of sovereign immunity or non reviewability of UN Security Council measures directly affecting individuals. Further, even access to domestic legal remedies is suffering because of the constraints put by security threats, such as terrorism, on the full protection of freedom and human rights.
This collection of essays offer seven distinct perspectives on the present status of access to justice: its development in customary international law, the stress put on it in times of emergency, its problematic exercise in the case of violations of the law of war, its application to torture victims, its development in the case law of the UN Human Rights Committee and of the European Court of Human Rights, its application to the emerging field of environmental justice, and finally access to justice as part of fundamental rights in European law.

This book is based on a participatory action research project carried out with a group of former Zimbabwe People's revolutionary Army (ZPRA) which was the armed wing of the Zimbabwe African People's Union (ZAPU) which was led by the late Joshua Nkomo. ZPRA was the primary target of Gukurahundi, a pogrom by the Mugabe government which left an estimated 20 000 civilians dead and countless others tortured in the early 1980s in Matebeleland, Zimbabwe. It has been almost 30 years since the violence ended, but there has never been an official healing and reconciliation programme or truth commission into the atrocities. The government chose the path of amnesia by granting a blanket amnesty to all involved. The regime has enforced a culture of silence over the event through repression and intimidation. The book is a culmination of a two year journey, by the group and the author, of an exploration of group-based self-healing approaches to the pain caused by the violence of Gukurahundi.

This book addresses the involuntary and arbitrary displacement of individuals resulting from armed conflict and gross human rights violations. It shows that forcible displacement constitutes a serious violation of international law and of fundamental community interests. Armed Conflict and Forcible Displacement provides a critical legal analysis of the contemporary international framework, permeating forcible displacement in these circumstances and explores the rights that individuals possess with specific focus on the right not to be displaced and, where this fails, the right to return home and to receive property restitution. In doing so, this volume marries together different fields of international law and builds on the case studies of Cyprus, Colombia, Cambodia and Syria. While the case studies considered here are far from exhaustive, they are either little explored or present significant challenges due to the magnitude of displacement or contested international jurisprudence. Through this analysis, the volume exposes some of the legal challenges that individuals encounter in being protected from forcible displacement, as well as the legal obstacles that persist in ensuring the return of and the recovery of property by the displaced. It will be of interest to those interested in the fields of international law, human rights law, as well as conflict and war studies.

This book examines how the functioning of the International Criminal Court has become a forum of convergence between the common law and civil law criminal justice systems. Four countries were selected as primary examples of these two legal traditions: the United States, England and Wales, Germany and Poland.  The first layer of analysis focuses on selected elements of the model of accusation that are crucial to the model adopted by the ICC. These are: development of the notion of the prosecutor’s independence in view of their ties to the countries and the Security Council; the nature and limits of the prosecutor’s discretional powers to initiate proceedings before the ICC; the reasons behind the prosecutor’s choice of both defendants and charges; the role the prosecutor plays in the procedure of disclosure of evidence and consensual termination of proceedings; and the determinants of the model of accusation used during trial and appeal proceedings. The second layer of the book consists in an analysis of the motives behind applying particular solutions to create the model of accusation before the ICC. It also shows how the model of accusation gradually evolved in proceedings before the military and ad hoc tribunals: ICTY and ICTR. Moreover, the question of compatibility of procedural institutions is addressed: In what ways does adopting a certain element of criminal procedure, e.g. discretional powers of the prosecutor to initiate criminal proceedings, influence the remaining procedural elements, e.g. the existence of the dossier of a case or the powers of a judge to change the legal classification of the criminal behavior appearing in the indictment?

This book includes contributions from academics, practitioners and policy-makers connected with the Network on Humanitarian Action (NOHA), an international association of universities that is committed to interdisciplinary education and research on humanitarian action.  Celebrating the twentieth anniversary of NOHA, this book highlights some of the most pressing issues and challenges facing humanitarian action and explores potential solutions. Drawing on theory and practice, and spanning a broad range of subject matter, the book explores the origin of key concepts such as human security, reconciliation and resilience and questions their effectiveness in the pursuit of humanitarian ends.  It also charts current developments in the humanitarian system, in particular in its legal and financial frameworks.  Issues relating to humanitarian stakeholders, such as the role of the media and the protection of humanitarian workers, are also addressed. The contributions are influenced by a range of disciplines, including anthropology, political science, legal studies and communications.