![]() |
Welcome to Loot.co.za!
Sign in / Register |Wishlists & Gift Vouchers |Help | Advanced search
|
Your cart is empty |
||
|
Books > Law > International law > Public international law > International humanitarian law
"Timely and significant." Church Times A pioneer of humanitarianism and founder of the International Red Cross, Henry Dunant was many things over his lifetime. A devout Christian and social activist, an ambitious but failed businessman, a humanitarian genius, and a bankrupt recluse. In this biography, Corinne Chaponniere reveals the tumultuous trajectory of Henry's life. From his idyllic childhood in Geneva, she follows Henry through the horrors of the Battle of Solferino, his creation of the Red Cross and role in the Geneva Conventions, the disgrace of his bankruptcy and his resurrection as a Nobel Peace Prize winner. It shows how this champion of wounded soldiers and prisoners of war was not an unblemished picture of piety and goodness, but that his empathy and good works played out in tandem with his social ambition and personal drive. It shows how even the best of us fall on hard times, and that the Red Cross was born out of humanitarian ideals coupled with a desire for personal success. This book reveals the story of Henry Dunant, blemishes and all, against the backdrop of the horrors of war, the weight of religion and the birth of humanitarianism in the 19th century.
Over the last decades international and regional human rights norms have been increasingly applied to constitutional provisions, revealing significant tensions between primary political arrangements, such as power-sharing institutions, and human rights norms. This book argues that these tensions, generally framed as a peace versus justice dilemma, are built on an individualistic conception of justice that fails to account for the empirical reality in such places characterized by ethnically-based political exclusion and inequalities. By introducing the concept of 'collective equality' as a new theoretical basis for the law of peace this timely book proposes a new approach for dealing with the tensions between peace related arrangements and human rights. Through principled, pragmatic, and legal reasoning the book develops a new paradigm that captures more accurately what equality and human rights mean and require in the context of ethno-national conflicts and provides potent guidance for advancing justice and peace in such places.
In the book Chinese Policy and Presence in the Arctic, Koivurova and Kopra (editors) offer a comprehensive account of China's evolving interests, policies and strategies in the Arctic region. Despite its lack of geography north of the Arctic Circle, China's presence in the High North is expected to grow in the coming years, which, in turn, is likely to speed up globalization in the region. This book brings together experts on China and the Arctic, each chapter contributing to a detailed overview of China's diplomatic, economic, environmental, scientific and strategic presence in the Arctic and its influence on regional affairs. The book is of interest to students, scholars and those dealing with China's foreign policy and Arctic affairs.
How and when should we end a war? What place should the pathways to a war's end have in war planning and decision-making? This volume treats the topic of ending war as part and parcel of how wars begin and how they are fought - a unique, complex problem, worthy of its own conversation. New essays by leading thinkers and practitioners in the fields of philosophical ethics, international relations, and military law reflect on the problem and show that it is imperative that we address not only the resolution of war, but how and if a war as waged can accommodate a future peace. The essays collectively solidify the topic and underline its centrality to the future of military ethics, strategy, and war.
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.
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.
From the 1950s, tens of thousands of well-meaning Westerners left their homes to volunteer in distant corners of the globe. Aflame with optimism, they set out to save the world, but their actions were invariably intertwined with decolonization, globalization and the Cold War. Closely exploring British, American and Australian programs, Agnieszka Sobocinska situates Western volunteers at the heart of the 'humanitarian-development complex'. This nexus of governments, NGOs, private corporations and public opinion encouraged continuous and accelerating intervention in the Global South from the 1950s. Volunteers attracted a great deal of support in their home countries. But critics across the Global South protested that volunteers put an attractive face on neocolonial power, and extended the logic of intervention embedded in the global system of international development. Saving the World? brings together a wide range of sources to construct a rich narrative of the meeting between Global North and Global South.
The book serves as a companion to three other volumes published by Cambridge University Press, dealing respectively with the jus ad bellum, the law of belligerent occupation, and non-international armed conflicts. It is devoted to the core of the jus in bello - that is, the conduct of hostilities on land, at sea and in the air in inter-State armed conflicts - analyzed against the background of customary international law and treaties in force. The book deals with both means and methods of modern warfare. It addresses issues of general non-combatant protection, the principle of proportionality in collateral damage to civilians, and special protection, especially of the environment and cultural property. It also considers the relevant dimensions of international criminal law and deals with controversial matters such as unlawful combatancy, direct participation of civilians in hostilities and the use of 'human shields'. Case law and legal literature are cited throughout.
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 conceptualizes Responsibility to Protect doctrine (R2P) as part of a global cosmopolitan agenda, drawing on the work of Jurgen Habermas, and argues that R2P is reflective of a shift towards a more cosmopolitan approach to human protection. The author also proposes a framework of analysis that includes a strong legal dimension in order to advance reforms to the international legal, political and military structures in order to better prevent humanitarian crises and protect civilians in times of conflict. The volume explores the cosmopolitan, moral and legal progress that has occurred-and could yet occur-under R2P as the approach to human protection transitions in the Post-Cold War era.
This is an innovative new history of famine relief and humanitarianism. The authors apply a moral economy approach to shed new light on the forces and ideas that motivated and shaped humanitarian aid during the Great Irish Famine, the famine of 1921-1922 in Soviet Russia and the Ukraine, and the 1980s Ethiopian famine. They place these episodes within a distinctive periodisation of humanitarianism which emphasises the correlations with politico-economic regimes: the time of elitist laissez-faire liberalism in the nineteenth century as one of ad hoc humanitarianism; that of Taylorism and mass society from c.1900-1970 as one of organised humanitarianism; and the blend of individualised post-material lifestyles and neoliberal public management since 1970 as one of expressive humanitarianism. The book as a whole shifts the focus of the history of humanitarianism from the imperatives of crisis management to the pragmatic mechanisms of fundraising, relief efforts on the ground, and finance. This book is also available as Open Access on Cambridge Core.
The Small Arms Survey 2014 considers the multiple roles of women in the context of armed violence, security, and the small arms agenda. The volume's thematic section comprises one chapter on violence against women and girls - with a focus on post-conflict Liberia and Nepal - and another on the recent convergence of the small arms agenda with that of women, peace and security. Complementing these chapters are illustrated testimonies of women with experience as soldiers, rebels and security personnel. The 'weapons and markets' section assesses the potential impact of the Arms Trade Treaty, presents the 2014 Transparency Barometer and an update on the authorized small arms trade, and analyses recent ammunition explosions in the Republic of the Congo. Additionally, it examines ammunition circulating in Africa and the Middle East, maps the sources of insurgent weapons in Sudan and South Sudan, and evaluates crime gun records in the United States.
Animals are the unknown victims of armed conflicts. Wildlife populations usually decline during warfare, with disastrous repercussions on the food chain, on fragile ecosystems and precarious habitats. Belligerents take advantage of the chaos of war for poaching and trafficking of animal products. Livestock, companion, and zoo animals, highly dependent on human care, are direct victims of hostilities. The book is the first legal analysis of these issues. It maps the framework of international humanitarian law, examining which and how the concepts, principles, and rationales can be applied and adapted for a better protection of animals. The contributions inter alia discuss precautions for animal civilians, problems of animal combatants and prisoners, a specific status for veterinarian personnel, the recognition of biodiversity hotspots as specially protected zones, and the potential of enforcement mechanisms. The concluding chapter draws together novel interpretations and reform proposals.
Why do powerful intervening militaries have such difficulty managing comparatively weak local partners in counterinsurgency wars? Set within the context of costly, large-scale military interventions such as the US war in Afghanistan, this book explains the conditions by which local allies comply with (or defy) the policy demands of larger security partners. Analysing nine large-scale post-colonial counterinsurgency interventions including Vietnam, Afghanistan, Iraq, Sri Lanka, Yemen, Lebanon, Cambodia, and Angola, this book utilizes thousands of primary source documents to identify and examine over 450 policy requests proposed by intervening forces to local allies. By dissecting these problematic partnerships, this book exposes a critical political dynamic in military interventions. It will appeal to academics and policymakers addressing counterinsurgency issues in foreign policy, security studies and political science.
Individuals can assume-and be assigned-multiple roles throughout a conflict: perpetrators can be victims, and vice versa; heroes can be reassessed as complicit and compromised. However, accepting this more accurate representation of the narrativized identities of violence presents a conundrum for accountability and justice mechanisms premised on clear roles. This book considers these complex, sometimes overlapping roles, as people respond to mass violence in various contexts, from international tribunals to NGO-based social movements. Bringing the literature on perpetration in conversation with the more recent field of victim studies, it suggests a new, more effective, and reflexive approach to engagement in post-conflict contexts. Long-term positive peace requires understanding the narrative dynamics within and between groups, demonstrating that the blurring of victim-perpetrator boundaries, and acknowledging their overlapping roles, is a crucial part of peacebuilding processes. This title is also available as Open Access on Cambridge Core.
In Malone v. UK (Plenary 1984), the right to an effective domestic remedy in the European Convention on Human Rights Article 13 was famously described as one of the most obscure clauses in the Convention. Since then, the European Court of Human Rights has reinforced the scope and application of the right. Through an analysis of virtually all of the Court's judgments concerning Article 13, the book exhaustively accounts for the development and current scope and content of the right. The book also provides normative recommendations on how the Court could further develop the right, most notably how it could be a tool to regulate the relationship between domestic and international protection of human rights. In doing so, the book situates itself within larger debates on the enforcement of the entire Convention such as the principle of subsidiarity and the procedural turn in the Court's case law.
This book analyses the multi-faceted impact armed conflict has on investment treaties. Refuting the common association of the outbreak of hostilities with the termination or suspension of treaties, it not only makes a case for the continuity of investment treaties. The book argues that the impact of armed conflict on such agreements goes far beyond these questions: Changed factual circumstances and public interests as well as international humanitarian law heavily influence the application and interpretation of investment protection standards. The book argues that investment treaties can and must channel these effects to remain effective during armed conflict and strike a fair balance between investor and public interests. It shows ways in which contextual and systemic interpretation, respect for reasonable state action, and careful treaty design can ensure that investment treaties continue to fulfil their purpose of strengthening compliance with legal rules also in times of armed conflict.
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.
This is the first comprehensive treatment of international law and policy on the protection of civilians in armed conflict. In addition to international humanitarian and human rights law, jus ad bellum, disarmament law, and international criminal law are all critical to civilian protection. The book offers in-depth analysis and explanation of the normative framework while also outlining and discussing the policies of concerned States and international and humanitarian organisations. The role of the United Nations as a key actor is considered along with regional organisations such as the African Union, the European Union, and NATO. Particular attention is given to those at direct risk of harm during armed conflict, including children, women, persons with disabilities, and LGBTI persons.
Who has the right to wage war? The answer to this question constitutes one of the most fundamental organizing principles of any international order. Under contemporary international humanitarian law, this right is essentially restricted to sovereign states. It has been conventionally assumed that this arrangement derives from the ideas of the late-sixteenth century jurist Alberico Gentili. Claire Vergerio argues that this story is a myth, invented in the late 1800s by a group of prominent international lawyers who crafted what would become the contemporary laws of war. These lawyers reinterpreted Gentili's writings on war after centuries of marginal interest, and this revival was deeply intertwined with a project of making the modern sovereign state the sole subject of international law. By uncovering the genesis and diffusion of this narrative, Vergerio calls for a profound reassessment of when and with what consequences war became the exclusive prerogative of sovereign states.
The humanitarian framing of disarmament is not a novel development, but rather represents a re-emergence of a much older and long-standing sensibility of humanitarianism in disarmament. The Book rejects the 'big bang' theory that presents the Anti-Personnel Landmines Convention 1997, and its successors - the Convention on Cluster Munitions 2008, and the Treaty on the Prohibition of Nuclear Weapons 2017 - as a paradigm shift from an older traditional state-centric approach towards a more progressive humanitarian approach. It shows how humanitarian disarmament has a long and complex history, which includes these treaties. This book argues that the attempt to locate the birth of humanitarian disarmament in these treaties is part of the attempt to cleanse humanitarian disarmament of politics, presenting humanitarianism as a morally superior discourse in disarmament. However, humanitarianism carries its own blind spots and has its own hegemonic leanings. It may be silencing other potentially more transformative discourses.
The book examines the processes through which the resolutions adopted by the UN General Assembly acquire legal significance through state practice. By using an empirically-grounded method of inquiry, it examines how states attribute legal significance to resolutions in three different contexts: at the time of adoption, within domestic law and in international practice. The book shows that, contrary to the existent theories on the legal significance of resolutions, the General Assembly is not a unitary actor. It also demonstrates that the concept of legal significance of resolutions is not predetermined or static. While resolutions are often framed in normative language, they acquire legal significance only to the extent that states find it desirable or convenient, depending on context and circumstances. Consequently, the attribution of legal significance to resolutions turns out to be a manifestation of state will to abide by their content, not the will of the General Assembly. 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.
We are at a time when international law and the law of war are particularly important. The testing of nuclear weapons that is being used in the rhetoric surrounding threats of war is creating new fears and heightening current tensions. Richard Falk has for decades been an outspoken authority calling for nuclear disarmament and the enforcement of non-proliferation treaties. In this collection of essays, Falk examines the global threats to all humanity posed by nuclear weapons. He is not satisfied with accepting arms control measures as a managerial stopgap to these threats and seeks no less than to move the world back from the nuclear precipice and towards denuclearization. Falk's essays reflect the wisdom and innovative thinking he has brought to his long career as a scholar and activist, as he reminds nuclear weapons states of their obligation under international law and moral imperative to seek nuclear disarmament.
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. |
You may like...
Topics in Grammatical Inference
Jeffrey Heinz, Jose M. Sempere
Hardcover
R3,413
Discovery Miles 34 130
Introduction To Legal Pluralism In South…
C. Rautenbach
Paperback
(1)
Computational Noncommutative Algebra and…
Jim Byrnes, Gerald Ostheimer
Hardcover
R3,090
Discovery Miles 30 900
|