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Books > Law > International law > Public international law > International humanitarian law

The Convention on Cluster Munitions - A Commentary (Hardcover): Gro Nystuen, Stuart Casey-Maslen The Convention on Cluster Munitions - A Commentary (Hardcover)
Gro Nystuen, Stuart Casey-Maslen
R9,080 Discovery Miles 90 800 Ships in 12 - 17 working days

This Commentary on the Convention on Cluster Munitions is a detailed assessment of the negotiation, content, and implications of the Convention, which is the latest treaty to ban a conventional weapon.
The treaty, which will enter into force as binding international law on August 1, 2010, bans the production, stockpiling, transfer, and use of all cluster munitions. The book describes what cluster munitions are, when and where they have been used, and what steps States Parties will need to consider in order to implement the treaty's provisions. The Commentary goes systematically through the Convention article by article, explaining the purpose of each provision, its background and negotiation, and the meaning of each paragraph and sub-paragraph.

Arms Control and Disarmament Law (Hardcover): Stuart Casey-Maslen Arms Control and Disarmament Law (Hardcover)
Stuart Casey-Maslen
R3,891 R2,885 Discovery Miles 28 850 Save R1,006 (26%) Ships in 12 - 17 working days

Arms control and disarmament are key elements in promoting international peace and security. In recent decades the scope of disarmament law has broadened from a traditional focus on weapons of mass destruction to encompass conventional weapons. In this new volume in the Elements series, Stuart Casey-Maslen provides a concise and objective appraisal of international arms control and disarmament law. In seven concise chapters, he traces the history of arms control and disarmament in the modern era, addressing the issues surrounding biological and chemical weapons, the Non-Proliferation of Nuclear Weapons, and conventional weapon and arms transfer regimes. He concludes by considering how, in order to remain relevant, disarmament and arms control will need to adapt to rapidly evolving technologies that defy traditional means of verification and control. Arms Control and Disarmament Law is an accessible, go-to source for practicing international lawyers, judges and arbitrators, government and military officers, scholars, teachers, and students.

Extraterritorial Use of Force Against Non-State Actors (Hardcover): Noam Lubell Extraterritorial Use of Force Against Non-State Actors (Hardcover)
Noam Lubell
R3,345 Discovery Miles 33 450 Ships in 12 - 17 working days

This book analyses the primary relevant rules of international law applicable to extra-territorial use of force by states against non-state actors. Force in this context takes many forms, ranging from targeted killings and abductions of individuals to large-scale military operations amounting to armed conflict. Actions of this type have occurred in what has become known as the 'war on terror', but are not limited to this context. Three frameworks of international law are examined in detail. These are the United Nations Charter and framework of international law regulating the resort to force in the territory of other states; the law of armed conflict, often referred to as international humanitarian law; and the law enforcement framework found in international human rights law. The book examines the applicability of these frameworks to extra-territorial forcible measures against non-state actors, and analyses the difficulties and challenges presented by application of the rules to these measures. The issues covered include, among others: the possibility of self-defence against non-state actors, including anticipatory self-defence; the lawfulness of measures which do not conform to the parameters of self-defence; the classification of extra-territorial force against non-state actors as armed conflict; the 'war on terror' as an armed conflict; the laws of armed conflict regulating force against groups and individuals; the extra-territorial applicability of international human rights law; and the regulation of forcible measures under human rights law. Many of these issues are the subject of ongoing and longstanding debate. The focus in this work is on the particular challenges raised by extra-territorial force against non-state actors and the book offers a number of solutions to these challenges.

The Treatment of Combatants and Insurgents under the Law of Armed Conflict (Hardcover): Emily Crawford The Treatment of Combatants and Insurgents under the Law of Armed Conflict (Hardcover)
Emily Crawford
R4,219 Discovery Miles 42 190 Ships in 12 - 17 working days

This book makes the case for eliminating the distinction between types of armed conflict under international humanitarian law (IHL), specifically as they apply to persons taking a direct part in the hostilities - be they soldiers or insurgents. Currently, IHL makes a distinction between international and non-international armed conflicts. International armed conflicts are regulated by more treaties than their non-international counterparts. The regulation of international armed conflicts is also considerably more comprehensive than that offered for participants in and victims of non-international armed conflicts. This bifurcation of the law was logical at the time the Geneva Conventions of 1949 were drafted and adopted, as the majority of armed conflicts prior to that point had been international in character. However, in the years following the adoption of the Conventions, there has been a proliferation of non-international armed conflicts, which presents challenges to a body of law that has few tools to adequately address such occurrences. The adoption of the Additional Protocols in 1977 went some way to addressing the legal lacunae that existed, but significant gaps still remain.
Mindful of this history, this book tracks the growth and evolution of the laws of armed conflict in the modern era, since the first document of the laws of war produced for the American Civil War. In doing so, this book demonstrates how the law of armed conflict has become increasingly harmonized in its application, with more rules of IHL being generally applicable in all instances of armed conflict, regardless of characterization. This book then makes the argument that the time has come for the final step to be taken, the elimination of the distinction between types of armed conflict, and the complete harmonization of the laws of war. Focusing specifically on the issue of combatants and POWs in armed conflicts, and drawing on the recent US treatment of detainees in Guantanamo Bay in the "War on Terror," this book draws on considerable legal precedent, legal theory, and policy arguments to make the case that it is time for the law relating to the regulation of armed conflicts to be more uniformly applied.

Reparations for Indigenous Peoples - International and Comparative Perspectives (Paperback): Federico Lenzerini Reparations for Indigenous Peoples - International and Comparative Perspectives (Paperback)
Federico Lenzerini
R1,961 Discovery Miles 19 610 Ships in 12 - 17 working days

Published in concomitance with the adoption of the United Nations Declaration on the Rights of Indigenous Peoples, this volume brings together a group of renowned legal experts and activists from different parts of the world who, from international and comparative perspectives, investigate the right of indigenous peoples to reparation for breaches of their individual and collective rights.
The first part of the book is devoted to general aspects of this important matter, providing a comprehensive assessment of the relevant international legal framework and including overviews of the topic of reparations for human rights violations, the status of indigenous peoples in international law, and the vision of reparations as conceived by the communities concerned.
The second part embraces a comprehensive investigation of the relevant practice at the international, regional, and national level, examining the best practices of reparations according to the ideologies and expectations of indigenous peoples and offering a comparative perspective on the ways in which the right of these peoples to redress for the injuries suffered is realized worldwide.
The global picture painted by these contributions provides a view of the status of relevant international law that is synthesized in the two final chapters of the book, which include a concrete example of how a judicial claim for reparation is to be structured and prescribes the best practices and strategies to be adopted in order to maximize the opportunities for indigenous peoples to obtain effective redress.
As a whole, this volume offers a comprehensive vision of its subject matter in international and comparative law, with a practical approach aimed at supporting legal academics, administrators, and practitioners in improving the avenues and modalities of reparations for indigenous peoples.

The Law of Command Responsibility (Hardcover): Guenael Mettraux The Law of Command Responsibility (Hardcover)
Guenael Mettraux
R4,082 Discovery Miles 40 820 Ships in 12 - 17 working days

The book offers a unique study of the law of command or superior responsibility under international law. Born in the aftermath of the Second World War, the doctrine of superior responsibility provides that a military commander, a civilian leader or the leader of a terrorist, paramilitary or rebel group could be held criminally responsible in relation to crimes committed by subordinates even where he has taken no direct or personal part in the commission of these crimes. The basis of this type of liability lies in a grave and culpable failure on the part of the superior to fulfill his duties to prevent or punish crimes of subordinates.
The idea that a superior could be held criminally responsible in relation to crimes of subordinates is central to the ability of international law to ensure compliance with standards of humanitarian law and it remains a most important legal instrument in the fight against impunity. Though it first developed in the international arena, the doctrine of superior responsibility has now spread into many domestic jurisdictions thus offering judicial and prosecutorial authorities a ready-made instrument to hold to account the leaders of men who knew of the crimes of their subordinates and failed to adequately respond to prevent or punish those crimes.
This volume provides a comprehensive and insightful dissection of the doctrine of superior responsibility, the scope of its application, its elements as well as the evidential difficulties involved in establishing the criminal responsibility of a superior in the context of a criminal prosecution.

Protecting Civilians - The Obligations of Peacekeepers (Hardcover): Siobhan Wills Protecting Civilians - The Obligations of Peacekeepers (Hardcover)
Siobhan Wills
R2,933 Discovery Miles 29 330 Ships in 12 - 17 working days

This book examines the obligations of troops to prevent serious abuses of human rights towards civilians under international humanitarian law and international human rights law. It analyzes the duty to intervene to stop the commission of serious abuses of human rights by analyzing the meaning and practical consequences for troops, in terms of civilian protection, of the Article 1 duty to respect and ensure respect for the Geneva Conventions; of the duty to secure human rights (found in most international human rights treaties); and of the duty to restore law and order in an occupation.
The book also analyzes the extent of troops' obligations to provide protection in light of various different operational and legal contexts in and discusses 'grey areas' and lacuna of coverage. A discussion of whether new approaches are needed, for example where operations are undertaken explicitly to protect people from serious violations of their human rights follows; and the book concludes by offering some guidelines for troops faced with such violations.

The Ethiopian Red Terror Trials - Transitional Justice Challenged (Paperback): Kjetil Tronvoll The Ethiopian Red Terror Trials - Transitional Justice Challenged (Paperback)
Kjetil Tronvoll; Charles Schaefer, Girmachew Alemu Aneme; Contributions by Bahru Zewde, Charles Schaefer, …
R696 Discovery Miles 6 960 Ships in 10 - 15 working days

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.

Contested Statehood - Kosovo's Struggle for Independence (Hardcover): Marc Weller Contested Statehood - Kosovo's Struggle for Independence (Hardcover)
Marc Weller
R3,349 Discovery Miles 33 490 Ships in 12 - 17 working days

This book offers the first critical analysis of the international attempts to settle the Kosovo crisis from its inception to Kosovo's declaration of independence. The author participated in most of these settlement attempts, including the Carrington Conference on the former Yugoslavia and the Rambouillet and Ahtisaari negotiations. On this basis, the book provides first hand insights into the failure of high-level international diplomacy in dealing with one of the most explosive crises to hit the European continent since 1945.
The introductory chapters offer a brief account of the background to the crisis, identifying the structural tensions in the modern international system that made it so difficult for the organized international community to address the episode effectively. The book addresses the initial settlement attempts, from the London Peace Conference on Yugoslavia of 1991 to the Geneva negotiations and the impact of the Dayton peace conference on the situation in Kosovo.
The second part of the book considers the first attempt of addressing the Kosovo crisis on its own terms, initially through the shuttle diplomacy of US Ambassador Chris Hill over the summer of 1998. The Holbrooke agreement, obtained under the threat of NATO air strikes and providing for a cease-fire is then considered, along with further attempts to obtain a political settlement during this purported breathing space. The book then turns to the extraordinary episode of the Rambouillet Peace Conference and the subsequent use of force against the rump Yugoslavia.
The final part of the book addresses the attempts to prepare for final status during the UN administration of Kosovo. The initial constitutional framework for Kosovo is discussed, along with the abortive 'standards before status' policy. This is followed by a detailed analysis of the Vienna negotiations on final status, and the subsequent tug of war at the United Nations about Security Council endorsement of the result. The book concludes with an analysis of the comprehensive proposal for a settlement proposed by UN envoy Martti Ahtisaari and its eventual recasting into the constitution of Kosovo upon unilateral independence.
This book ties together several strands of analysis, including the tension between state sovereignty and humanitarian concerns, the problem of squaring the doctrine of territorial unity with the principle of self-determination, the reluctance of international actors to involve themselves in internal conflicts, in particular where secessionist conflicts are concerned, and the role of the threat or use of force in the context of coercive international diplomacy.

The Oxford Companion to International Criminal Justice (Hardcover): Antonio Cassese The Oxford Companion to International Criminal Justice (Hardcover)
Antonio Cassese; Edited by (board members) Guido Acquaviva, Dapo Akande, Laurel Baig, Jia Bing Bing, …
R8,836 Discovery Miles 88 360 Ships in 12 - 17 working days

The move to end impunity for human rights atrocities has seen the creation of international and hybrid tribunals and increased prosecutions in domestic courts. The Oxford Companion to International Criminal Justice is the first major reference work to provide a complete overview of this emerging field. Its nearly 1100 pages are divided into three sections. In the first part, 21 essays by leading thinkers offer a comprehensive survey of issues and debates surrounding international humanitarian law, international criminal law, and their enforcement. The second part is arranged alphabetically, containing 320 entries on doctrines, procedures, institutions and personalities. The final part contains over 400 case summaries on different trials from international and domestic courts dealing with war crimes, crimes against humanity, genocide, torture, and terrorism. With analysis and commentary on every aspect of international criminal justice, this Companion is designed to be the first port of call for scholars and practitioners interested in current developments in international justice.

Some Kind of Justice - The ICTY's Impact in Bosnia and Serbia (Hardcover): Diane Orentlicher Some Kind of Justice - The ICTY's Impact in Bosnia and Serbia (Hardcover)
Diane Orentlicher
R1,938 Discovery Miles 19 380 Ships in 12 - 17 working days

An internationally-renowned scholar in the fields of international and transitional justice, Diane Orentlicher provides an unparalleled account of an international tribunals impact in societies that have the greatest stake in its work. In Some Kind of Justice: The ICTYs Impact in Bosnia and Serbia, Orentlicher explores the evolving domestic impact of the International Criminal Tribunal for the former Yugoslavia (ICTY), which operated longer than any other international war crimes court. Drawing on hundreds of research interviews and a rich body of inter-disciplinary scholarship, Orentlicher provides a path-breaking account of how the Tribunal influenced domestic political developments, victims experience of justice, acknowledgement of wartime atrocities, and domestic war crimes prosecutions, as well as the dynamic factors behind its evolving influence in each of these spheres. Highlighting the perspectives of Bosnians and Serbians, Some Kind of Justice offers important and practical lessons about how international criminal courts can improve the delivery of justice.

The Human Dimension of International Law - Selected Papers of Antonio Cassese (Hardcover): Antonio Cassese The Human Dimension of International Law - Selected Papers of Antonio Cassese (Hardcover)
Antonio Cassese; Edited by Paola Gaeta, Salvatore Zappala
R3,746 Discovery Miles 37 460 Ships in 12 - 17 working days

This book collects together the most important papers of Antonio Cassese, the first President of the International Criminal Tribunal for the former Yugoslavia and chairman of the UN Commission of Inquiry into the crimes committed in Darfur.
Written over a period of 25 years, from 1974 to 2001, the papers chart the development of Cassese's thought on the central issues that have shaped his life's work: the laws relating to armed conflict, respect of individual rights and the prosecution of individuals for international crimes. Emerging from the papers is Cassese's vision of the individual and human dignity as the lynchpin of the international legal system, and the need to balance the fact of statehood as an essential feature of modern international society with the protection of individual rights.
In a new paper, written especially for the collection, Cassese looks back over the development of his understanding of international law and presents his current view of the issues discussed throughout the volume. The volume also features an exhaustive bibliography of Cassese's publications, and biographical notes from Cassese's colleagues.
By gathering together the most important writings of one of the preeminent figures in contemporary international criminal justice, this collection provides not only the definitive statement of Cassese's thought, but a unique insight into some of the key developments in international law over the last quarter of the twentieth century.

Terrorism Documents of International and Local Control: Volume 84 Issued January 2008 (Hardcover): Terrorism Documents of International and Local Control: Volume 84 Issued January 2008 (Hardcover)
R2,972 Discovery Miles 29 720 Ships in 12 - 17 working days

Terrorism: Documents of International and Local Control is a hardbound series that provides primary-source documents on the worldwide counter-terrorism effort. Chief among the documents collected are transcripts of Congressional testimony, reports by such federal government bodies as the Congressional Research Service and the Government Accountability Office, and case law covering issues related to terrorism. Most volumes carry a single theme, and inside each volume the documents appear within topic-based categories. The series also includes a subject index and other indexes that guide the user through this complex area of the law. Volume 84 coverage focuses on Iraq, and especially the public debate over where to turn next in the war. The highlights of this volume are General Petraeus's report to Congress and the text of President Bush's televised national address on what he sees as U.S. progress in Iraq. Other key documents in this edition are the more nuanced studies from the Governent Accountabiltiy Office and the Independent Commission for Iraq. Along with the text of proposed legislation and other authoritative assessments on the war's progress, these documents provide both knowledgeable researchers and curious lay readers with the analysis necessary to understand a complex, ongoing controversy.

Terrorism Documents of International and Local Control: Volume 85 Issued January 2008 (Hardcover): Terrorism Documents of International and Local Control: Volume 85 Issued January 2008 (Hardcover)
R2,976 Discovery Miles 29 760 Ships in 12 - 17 working days

Terrorism: Documents of International and Local Control is a hardbound series that provides primary-source documents on the worldwide counter-terrorism effort. Chief among the documents collected are transcripts of Congressional testimony, reports by such federal government bodies as the Congressional Research Service and the Government Accountability Office, and case law covering issues related to terrorism. Most volumes carry a single theme, and inside each volume the documents appear within topic-based categories. The series also includes a subject index and other indexes that guide the user through this complex area of the law. Volume 85 coverage focuses on the U.S. government's surveillance, interrogation, and detention of suspected terrorists. Highlights of this volume involve the U.S. government's increasingly common practice of seeking intelligence through torture (or the threat thereof). Maher Arar is a Canadian engineer arrested by U.S. officials as he passed through a New York airport en route from Europe to Montreal. Those officials arranged for Arar to be placed ultimately in the hands of Syrian officials who tortured him despite the complete lack of evidence against him. Volume 85 includes Arar's own account of his travels, as presented to Congress in October 2007. This volume also includes the two Higazy case opinions which center on an Egyptian student at a U.S. college. This student was wrongfully detained by U.S. officials in the wake of the 9/11 attacks. An FBI official threatened to have his family in Egypt tortured by authoritities there if he did not confess to aiding the attacks. After new evidence revealed Higazy's innocence, he sued the officials involved and lost, but won on appeal. The 2nd Circuit Court of Appeals included an account of the FBI's threats in its October 2007 opinion and posted the opinion to its public website but then removed that version the next day and posted a redacted version with those embarassing paragraphs removed. Volume 85 features both opinions for comparison purposes. Although several blogs have also posted the original opinion, Volume 85 provides what may be the only print version avaliable to the general public.

Perpetrators of International Crimes - Theories, Methods, and Evidence (Hardcover): Alette Smeulers, Maartje Weerdesteijn,... Perpetrators of International Crimes - Theories, Methods, and Evidence (Hardcover)
Alette Smeulers, Maartje Weerdesteijn, Barbora Hola
R3,297 Discovery Miles 32 970 Ships in 12 - 17 working days

Why would anyone commit a mass atrocity such as genocide, crimes against humanity, war crimes, or terrorism? This question is at the core of the multi- and interdisciplinary field of perpetrator studies, a developing field which this book assesses in its full breadth for the first time. Perpetrators of International Crimes analyses the most prominent theories, methods, and evidence to determine what we know, what we think we know, as well as the ethical implications of gathering this knowledge. It traces the development of perpetrator studies whilst pushing the boundaries of this emerging field. The book includes contributions from experts from a wide array of disciplines, including criminology, history, law, sociology, psychology, political science, religious studies, and anthropology. They cover numerous case studies, including prominent ones such as Nazi Germany, Rwanda, and the former Yugoslavia, but also those that are relatively under researched and more recent, such as Sri Lanka and the Islamic State. These have been investigated through various research methods, including but not limited to, trial observations and interviews.

International Criminal Law - A Critical Introduction (Paperback): Alexander Zahar, Goran Sluiter International Criminal Law - A Critical Introduction (Paperback)
Alexander Zahar, Goran Sluiter
R2,665 Discovery Miles 26 650 Ships in 12 - 17 working days

International Criminal Law is an essential guide to the relatively recent, but rapidly growing field of international criminal justice. Written by leading practitioner-academics directly involved with the International Criminal Tribunals, this book provides students with an invaluable insight into the key features of international criminal law and practice. Zahar and Sluiter offer an analysis of the tribunals' place in the international legal order and the most important aspects of their substantive law and procedure from an entirely new and critical perspective. Legal doctrines are discussed throughout in relation to their application in real-life situations, encouraging students to engage critically with the subject and relate theory to practice. An ideal companion for students of international criminal law and justice who are seeking an insider's perspective on the subject, this book also offers practitioners, academics and policy-makers a clear and challenging account of the new legal landscape.

Multilayered Structures of International Criminal Law (Paperback, 1st ed. 2021): Hiromi Sato Multilayered Structures of International Criminal Law (Paperback, 1st ed. 2021)
Hiromi Sato
R2,908 Discovery Miles 29 080 Ships in 10 - 15 working days

This book discusses the multilayered legal structures concerning the regulation of crimes under international law. It covers both core crimes and other types of crime under international law, and examines relevant substantive and procedural rules alike. Pursuing such a comprehensive approach is essential to understanding the basic frameworks of international criminal law, since the varied perspectives on international crimes are connected to different systems of enforcement. Being aware of this interrelatedness is conducive to an in-depth examination of individual topics in both substantive and procedural aspects. On the basis of such an inquiry, this book concisely provides a systematic overview of international criminal law.

Saving the World? - Western Volunteers and the Rise of the Humanitarian-Development Complex (Paperback): Agnieszka Sobocinska Saving the World? - Western Volunteers and the Rise of the Humanitarian-Development Complex (Paperback)
Agnieszka Sobocinska
R946 Discovery Miles 9 460 Ships in 12 - 17 working days

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.

Complementary Protection in International Refugee Law (Hardcover): Jane McAdam Complementary Protection in International Refugee Law (Hardcover)
Jane McAdam
R3,053 Discovery Miles 30 530 Ships in 12 - 17 working days

This book represents an exciting new contribution to the field of refugee law and human rights law. It considers the legal obligations which countries have to people who do not meet the legal definition of a 'refugee', but who have nonetheless been forcibly displaced from their homes, whether due to war, generalized violence, humanitarian disaster or torture, inhuman or degrading treatment or punishment. This is known as 'complementary protection', because it complements the central international instrument in this area, the 1951 Refugee Convention. The book analyses international human rights law to discern where such legal obligations to protect might arise, and considers the legal status which countries ought to provide to such people. It provides a comprehensive overview of States' current responses to this issue, and offers original and thoughtful suggestions for protecting such persons within the international legal framework. This book is the first dedicated study on 'complementary protection' - the protection afforded by States to persons who need international protection but fall outside the legal definition of a refugee in article 1A(2) of the 1951 Refugee Convention. Human rights law has extended States' international protection obligations beyond the Refugee Convention, preventing States from removing individuals who would be at risk of serious harm if returned to their countries of origin. While a number of States have traditionally respected these additional human rights obligations, they have been reluctant to grant beneficiaries a formal legal status analogous to that enjoyed by Convention refugees. This book provides a comprehensive analysis of complementary protection, from its historical development through to its contemporary application. By examining the human rights foundations of the Convention, the architecture of Convention rights, regional examples of complementary protection, and principles of non-discrimination, the book argues that the Convention acts as a type of lex specialis for persons in need of international protection, providing a specialized blueprint for legal status, irrespective of the legal source of the protection obligation. Chapter 1 identifies pre-1951 examples of complementary protection, demonstrating how the content of the status afforded to extended categories of refugees was historically the same as that granted to 'legal' refugees. It traces unsuccessful attempts at the international and European levels to codify a system of complementary protection, prior to the EU's adoption of the Qualification Directive in 2004 and international support for an ExCom Conclusion in 2005. The Qualification Directive, examined in Chapter 2, represents the first supranational codification of complementary protection, but is hampered by a hierarchical conceptualization of protection that grants a lesser status to beneficiaries of 'subsidiary protection' vis-a-vis Convention refugees. Chapters 3 to 5 examine a number of human rights treaties (CAT, ECHR, ICCPR and CRC) to identify provisions which may give rise to a claim for international protection. Finally, Chapter 6 illustrates why all persons protected by the principle of non-refoulement should be entitled to the same legal status as refugees, demonstrating the Refugee Convention's role in providing a rights blueprint for beneficiaries of complementary protection.

Rethinking the Crime of Aggression - International and Interdisciplinary Perspectives (Paperback, 1st ed. 2022): Stefanie Bock,... Rethinking the Crime of Aggression - International and Interdisciplinary Perspectives (Paperback, 1st ed. 2022)
Stefanie Bock, Eckart Conze
R4,699 Discovery Miles 46 990 Ships in 10 - 15 working days

This book presents a selection of revised and updated papers presented in September 2018 at the International Conference 'Rethinking the Crime of Aggression: International and Interdisciplinary Perspectives', which was held in Marburg, Germany, and hosted by the International Research and Documentation Centre for War Crimes Trials (ICWC). In light of the activation of the jurisdiction of the International Criminal Court concerning the crime of aggression, international experts from various disciplines such as law, history, the social sciences, psychology and economics came together to enhance the understanding of this complex and challenging matter and thereby opened a cross-disciplinary dialogue regarding aggressive war and the crime of aggression: a dialogue that not only addresses the historical genesis of the current situation, the content of the new aggression provisions, their implementation in practice and their possible regulatory effects, but also instigates perspectives for investigating future developments and issues. Stefanie Bock is Professor of Criminal Law, Criminal Procedure, International Criminal Law and Comparative Law in the Department of Law at the Philipps University of Marburg in Germany and Co-Director of the International Research and Documentation Centre for War Crimes Trials. Eckart Conze is Professor of Modern and Contemporary History in the Department of History at the Philipps University of Marburg in Germany and Co-Director of the International Research and Documentation Centre for War Crimes Trials.

The Conduct of Hostilities under the Law of International Armed Conflict (Hardcover, 4th Revised edition): Yoram Dinstein The Conduct of Hostilities under the Law of International Armed Conflict (Hardcover, 4th Revised edition)
Yoram Dinstein
R3,567 R3,082 Discovery Miles 30 820 Save R485 (14%) Ships in 12 - 17 working days

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.

The Conduct of Hostilities under the Law of International Armed Conflict (Paperback, 4th Revised edition): Yoram Dinstein The Conduct of Hostilities under the Law of International Armed Conflict (Paperback, 4th Revised edition)
Yoram Dinstein
R1,110 Discovery Miles 11 100 Ships in 12 - 17 working days

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.

Humanitarianism in the Modern World - The Moral Economy of Famine Relief (Paperback): Norbert Goetz, Georgina Brewis, Steffen... Humanitarianism in the Modern World - The Moral Economy of Famine Relief (Paperback)
Norbert Goetz, Georgina Brewis, Steffen Werther
R748 Discovery Miles 7 480 Ships in 12 - 17 working days

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.

Terrorism: Commentary on Security Documents Volume 148 - Lone Wolf Terrorists (Hardcover): Douglas C. Lovelace Terrorism: Commentary on Security Documents Volume 148 - Lone Wolf Terrorists (Hardcover)
Douglas C. Lovelace
R3,805 Discovery Miles 38 050 Ships in 12 - 17 working days

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 148, Lone Wolf Terrorists, examines the phenomenon of the solitary domestic terrorist, analyzes the distinction between such terrorists and mass murderers who are not deemed to be terrorists, considers the motivations of violent extremists, and examines the dilemmas faced by law enforcement in preventing solitary political extremists with violent ideologies from translating their beliefs into actions. The volume is divided into three sections, providing an overview of the topic, an examination of strategies for prevention of such attacks, and a consideration of the Internet's role in contributing to radicalization. Documents included in this volume include a CRS report on domestic terrorism, a report examining violent radicalization from a criminal justice perspective, and a CRS report differentiating hate crimes from domestic terrorism, as well as other reports on the lone wolf terrorism phenomenon and strategies to prevent and/or counter it. The last document in the volume is a CRS report relating to the advocacy of terrorism on the Internet, especially including social media, and the ways in which law enforcement might be able to address the problem of dangerous online speech within the current U.S. legal structure.

International Criminal Law in Mexico - National Legislation, State Practice and Effective Implementation (Paperback, 1st ed.... International Criminal Law in Mexico - National Legislation, State Practice and Effective Implementation (Paperback, 1st ed. 2021)
Tania Ixchel Atilano
R2,943 Discovery Miles 29 430 Ships in 10 - 15 working days

This book puts forward proposals for solutions to the current gaps between the Mexican legal order and the norms and principles of international criminal law. Adequate legislative measures are suggested for compliance with international obligations. The author approaches the book's subject matter by tracing all norms related to the prosecution of core crimes and contextualizing each of the findings with a brief historical and political account. Additionally, state practice is analyzed, identifying patterns and inconsistencies. This approach is new in offering a wide perspective on international criminal law in Mexico. Relevant legal documents are analyzed and annexed in the book, providing the reader with a useful guide to the topics analyzed. Issues including the following are examined: the incorporation of core crimes in the Mexican legal order, military jurisdiction, the war crimes definition under Mexican law, unaddressed atrocities, state practice and future challenges to combat impunity. The book will be of relevance to legal scholars, students, practitioners of law and human rights advocates. It also offers interesting insights to political scientists, historians and journalists. Tania Ixchel Atilano has a Dr. Iur. from the Humboldt Universitat Berlin, an LLM in German Law from the Ludwig Maximilian Universitat, Munich, and attained her law degree at the ITAM in Mexico City.

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