Paradoxically, victims of ordinary crimes such as fraud, theft or assault, can obtain redress through regular domestic channels, whereas victims of such major atrocities as genocide, war crimes or crimes against humanity, have been left mostly uncompensated. Until recently, a pervasive climate of impunity for international crimes relegated victims to the political and legal periphery. Over the last few years however, the international community has begun to recognize that, just as crimes under international law cannot be considered ordinary crimes, victims of these crimes cannot be considered ordinary victims. In this book, Dr. Bottigliero explores the origins, evolution and practice relating to victims' redress in domestic law, regional and universal human rights regimes, humanitarian law, the law of State responsibility, United Nations practice, and international criminal law including the International Criminal Court. She argues that the international community must now move beyond incomplete and fragmented approaches towards a much more comprehensive redress regime for victims of crimes under international law, and she recommends means by which to enhance the coherence, effectiveness and fairness of victims' redress.

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.

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.

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.

Since the fall of the Berlin Wall, the countries of Central and Eastern Europe have had to deal with a completely new set of legislative and policy challenges relating to migration. This book reviews current and expected migration trends in Central and Eastern Europe, including trends in labour migration, transit migration, trafficking and migrant smuggling. It considers how EU enlargement eastwards is likely to affect international migration in Europe. It also examines how much progress the Central and Eastern European countries have made in aligning their migration legislation and migration policies with EU practice. The book concludes that virtually all the candidate countries appear to be on track as far as legislative developments are concerned, but few countries have seriously and systematically examined the question of what kind of migration policy they wish to develop in the future. Published in cooperation with the International Organization for Migration, Geneva, Switzerland, and the International Centre for Migration Policy Development, Vienna, Austria

Why is it that soldiers may be killed in war but civilians may not be killed? By tracing the evolution of the principle of non-combatant immunity in Western thought from its medieval religious origins to its modern legal status, Colm McKeogh attempts to answer this question. In doing so he highlights the unsuccessful attempts to reconcile warfare with our civilization's most fundamental principles of justice.

This book, now fully updated and in its third edition, explains the law relating to the conduct of hostilities and provides guidance on difficult or controversial aspects of the law. It covers who or what may legitimately be attacked and what precautions must be taken to protect civilians, cultural property or the natural environment. It deals with the responsibility of commanders and how the law is enforced. There are also chapters on internal armed conflicts and the security aspects of belligerent occupation. -- .

Beginning in late 1945, the United States, Britain, China, Australia, France, the Netherlands, and later the Philippines, the Soviet Union, and the People's Republic of China convened national courts to prosecute Japanese military personnel for war crimes. The defendants included ethnic Koreans and Taiwanese who had served with the armed forces as Japanese subjects. In Tokyo, the International Military Tribunal for the Far East tried Japanese leaders. While the fairness of these trials has been a focus for decades, Japanese War Criminals instead argues that the most important issues arose outside the courtroom. What was the legal basis for identifying and detaining subjects, determining who should be prosecuted, collecting evidence, and granting clemency after conviction? The answers to these questions helped set the norms for transitional justice in the postwar era and today contribute to strategies for addressing problematic areas of international law. Examining the complex moral, ethical, legal, and political issues surrounding the Allied prosecution project, from the first investigations during the war to the final release of prisoners in 1958, Japanese War Criminals shows how a simple effort to punish the guilty evolved into a multidimensional struggle that muddied the assignment of criminal responsibility for war crimes. Over time, indignation in Japan over Allied military actions, particularly the deployment of the atomic bombs, eclipsed anger over Japanese atrocities, and, among the Western powers, new Cold War imperatives took hold. This book makes a unique contribution to our understanding of the construction of the postwar international order in Asia and to our comprehension of the difficulties of implementing transitional justice.

This is the first of a three-volume set. Together, they will collect the full texts of the Law Commission's final draft Articles and Commentaries, and other final reports, on all the topics on which it has completed work during its first fifty years, up to and including 1998.

The accountability of armed non-state actors is a neglected field of international law, overtaken by the regimes of state responsibility and individual criminal accountability as well as fears of legitimacy. Yet armed non-state actors are important players in the international arena and their activities have significant repercussions. This book focuses on their obligations and accountability when they do not function as state agents, regardless of the existence or extent of accountability of their individual members. The author claims that their distinct features lead to their classification into three different types: de facto entities, armed non-state actors in control of territory, and common article 3 armed non-state actors. The mechanisms that trigger the applicability of humanitarian and human rights law regimes are examined in detail as well as the framework of obligations. In both cases, the author argues that armed non-state actors should not be treated as entering international law and process exclusively through the state. The study concludes by focussing on their accountability in international humanitarian and human rights law and, more specifically, to the rules of attribution, remedies and reparations for violations of their primary obligations.

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 updated and revised second edition of Donald A. Wells's popular War Crimes and Laws of War, originally published in 1984, traces the rules of war since ancient times. The major sources of the rules or "laws" of war are explored: the congresses of the Hague, Geneva, and the United Nations. But an abyss exists between what military manuals allow and what the congresses prohibit; this book attempts to resolve this dilemma. An important text for military college courses and international relations, as well as social philosophy courses. Co-published with the North American Society for Social Philosophy. :

The United Nations estimates that four billion people worldwide live outside the protection of the law. These people can be driven from their land, intimidated by violence, and excluded from society. This book is about community paralegals - sometimes called barefoot lawyers - who demystify law and empower people to advocate for themselves. These paralegals date back to 1950s South Africa and are active today in many countries, but their role has largely been ignored by researchers. Community Paralegals and the Pursuit of Justice is the first book on the subject. Focusing on paralegal movements in six countries, Vivek Maru, Varun Gauri, and their coauthors have collected rich, vivid stories of paralegals helping people to take on injustice, from domestic violence to unlawful mining to denial of wages. From these stories emerges evidence of what works and how. The insights in the book will be of immense value in the global fight for universal justice. This title is also available as Open Access.

This book deals with a central issue of international law: the relationship between two of its sources, treaty and custom. In particular, it examines one aspect of this relationship that has not been satisfactorily covered in the literature, whether new customary law may abrogate or modify prior incompatible treaties. State practice in the Law of Sea and other areas of international law contains a number of examples of treaties that have been terminated or revised on account of new conflicting custom. The author draws on these examples as well as on decisions of international tribunals to argue that although new customary law does not automatically affect prior incompatible treaties, it gives a State, under certain conditions, the unilateral right to call for their termination or revision. This is an original position on a controversial subject that was considered too complex to be included in the Vienna codification of the Law of Treaties. This issue may arise in all areas of international law and is of practical importance to all those involved in the field.

This book provides an insight into the issue of health inequity brought about by the violent conflict in Northeast India. While examining the deep vulnerabilities and loss of well-being suffered by families displaced by conflict in the Indo-Bhutan borderland region, the authors raise fundamental questions of accountability and the role of various stakeholders in providing humanitarian assistance to those affected by the conflict. It highlights for the reader the role played by conflict and armed violence in dismantling a functioning public health system and delineates the long-term barriers to post-conflict recovery. The book is written by those who have worked in implementing development and peacebuilding programs in the Bodoland Territorial Region (BTR) of Western Assam. The book especially brings to the fore the voices of those communities directly affected by conflict in Bodoland. The book is valuable to researchers, development practioners and policy makers. Given the unique format of the book, which includes a number of case studies, it is particularly useful for students of development, public health and allied disciplines such as international relations as well as peace and conflict studies.

The accountability of armed non-state actors is a neglected field of international law, overtaken by the regimes of state responsibility and individual criminal accountability as well as fears of legitimacy. Yet armed non-state actors are important players in the international arena and their activities have significant repercussions. This book focuses on their obligations and accountability when they do not function as state agents, regardless of the existence or extent of accountability of their individual members. The author claims that their distinct features lead to their classification into three different types: de facto entities, armed non-state actors in control of territory, and common article 3 armed non-state actors. The mechanisms that trigger the applicability of humanitarian and human rights law regimes are examined in detail as well as the framework of obligations. In both cases, the author argues that armed non-state actors should not be treated as entering international law and process exclusively through the state. The study concludes by focussing on their accountability in international humanitarian and human rights law and, more specifically, to the rules of attribution, remedies and reparations for violations of their primary obligations.

This is the first volume of a projected four-volume series charting the causes of war from 3000 BCE to the present day, written by a leading international lawyer, and using as its principal materials the documentary history of international law largely in the form of treaties and the negotiations which led up to them. These volumes seek to show why millions of people, over thousands of years, slayed each other. In departing from the various theories put forward by historians, anthropologists and psychologists, Gillespie offers a different taxonomy of the causes of war, focusing on the broader settings of politics, religion, migrations and empire-building. These four contexts were dominant and often overlapping justifications for the first four thousand years of human civilisation, for which written records exist.

This book critically examines the possible dilution of the neutrality principle of the International Committee of the Red Cross (ICRC) in internal armed conflicts. It begins with the proposition that the intervention of ICRC in internal armed conflicts led to compromises in neutrality, and questioned the autonomy and independence of the organization. The book also argues that the field operations of the international humanitarian organizations during internal armed conflicts are dependent on the authority exercised by the state in whose territory the conflict persists. The ICRC's involvement in Sri Lanka and Sudan provides empirical support to validate these propositions and arguments. The cases also show that for the ICRC, it is hard to be neutral and impartial in situations of internal armed conflicts and such conflicts present formidable challenges to maintain its organization autonomy as well. The larger purpose of the book is to contribute to the policy re/formulation of the international humanitarian organizations in internal armed conflict, the most significant challenge in the field at present.

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.

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.

In a landmark process that transformed global reparations after the Holocaust, Germany created the largest sustained redress program in history, amounting to more than $60 billion. When human rights violations are presented primarily in material terms, acknowledging an indemnity claim becomes one way for a victim to be recognized. At the same time, indemnifications provoke a number of difficult questions about how suffering and loss can be measured: How much is an individual life worth? How much or what kind of violence merits compensation? What is "financial pain," and what does it mean to monetize "concentration camp survivor syndrome"? Susan Slyomovics explores this and other compensation programs, both those past and those that might exist in the future, through the lens of anthropological and human rights discourse. How to account for variation in German reparations and French restitution directed solely at Algerian Jewry for Vichy-era losses? Do crimes of colonialism merit reparations? How might reparations models apply to the modern-day conflict in Israel and Palestine? The author points to the examples of her grandmother and mother, Czechoslovakian Jews who survived the Auschwitz, Plaszow, and Markkleeberg camps together but disagreed about applying for the post-World War II Wiedergutmachung ("to make good again") reparation programs. Slyomovics maintains that we can use the legacies of German reparations to reconsider approaches to reparations in the future, and the result is an investigation of practical implications, complicated by the difficult legal, ethnographic, and personal questions that reparations inevitably prompt.

This fully-updated and much expanded second edition provides a much needed, short and accessible introduction to the current debates in international humanitarian law. Written by a former UN Chief Prosecutor and a leading international law expert, this book analyses the legal and political underpinnings of international judicial institutions, it provides the reader with an understanding of both the historical development of institutions directed towards international justice, as well as an overview of the differences and similarities between such organizations. New to this edition: New updates on recently found records of the United Nations War Crimes Commission. Updates on the recent judicial decisions of the International Criminal Tribunal for the former Yugoslavia and International Criminal Tribunal for Rwanda Updates on the Special Tribunal For Lebanon A re-evaluation of the future of the International Criminal Court International Judicial Institutions: Second Edition will be of great interest to students of International Politics, Criminology and Law.

Following World War Two, the progress towards international accountability and international criminal justice came to a halt as a result of the Cold War. But only three years since the end of the Cold War and forty-five years after the post-WWII prosecutions, the international community was forced to face the ethnic tensions and civil war tearing apart the republics that once comprised the former Yugoslavia. United Nations Security Council Resolution 780 (1992), appointed a Commission of Experts to investigate war crimes and crimes against humanity amounting to violations of international humanitarian law in the territory of the former Yugoslavia and it was expected that the Commission would be the historic link to the post-WWII experiences. Despite the Commission's mandate being the broadest of its kind since Nuremberg, those who opposed its work sought to hamper its success through bureaucratic and political chicanery, including the failure to fund the Commission's work. The investigation into the conflict is detailed in this book including the uncovering of 187 mass graves, the interviewing of 223 victims of rape and sexual assault, and the utilization of prison camps and mass expulsion for the purpose of ethnic cleansing. Along with the author's personal insights and insider anecdotes on the conflict, this book highlights the continuing need for the pursuit of accountability and international criminal justice in a world of thriving bureaucracy and realpolitik. The Commission broke the glass ceiling of realpolitik by fighting the hard battle that lead to the success of its mandate and to the establishment of the International Criminal Tribunal for the Former Yugoslavia. This timely work reminds us all that indeed the past is prologue.

This book reviews the rapid recent development of international criminal law, and explores solutions to key problems of official immunities, universal jurisdiction, the International Criminal Court and the stance of the United States, seeking to clarify how justice can best be done in a system of sovereign States.