This book deals with the phenomenon of conflict-related reproductive violence and explores the international legal framework's capacity to respond to it. The international discourse on gender-based violence in conflicts tends to focus on sexualized crimes, which leads to incomplete narratives of the gendered dimensions of armed conflicts. In particular, international law has often remained silent on conflict-related violence affecting or aimed at the victim's reproductive system. The author conceptualizes reproductive violence as a distinct manifestation of gender-based violence and a violation of reproductive autonomy. The analysis explores the historical approaches to reproductive violence and evaluates the current potentials of international criminal law for its prosecution as genocide, crimes against humanity, and war crimes. In this regard, it also develops proposals for a gender-sensitive interpretation of the existing legal framework as well as possible amendments to it. The book is aimed at researchers and practitioners in the fields of international criminal justice and international human rights law with an interest in gender perspectives on international law, sexualized and gender-based violence, and the discourse on reproductive human rights. Tanja Altunjan is a former researcher at Humboldt-Universitat zu Berlin where she obtained her doctoral degree in criminal law.

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.

Crimes of the Holocaust The Law Confronts Hard Cases Stephan Landsman The problem of prosecuting individuals complicit in the Nazi regime's "Final Solution" is almost insurmountably complex and has produced ever less satisfying results as time has passed. In "Crimes of the Holocaust," Stephan Landsman provides detailed analysis of the International Military Tribunal prosecution at Nuremberg in 1945, the Eichmann trial in Israel in 1961, the 1986 Demanjuk trial in Israel, and the 1990 prosecution of Imre Finta in Canada. Landsman presents each case and elaborates the difficulties inherent in achieving both a fair trial and a measure of justice in the aftermath of heinous crimes. In the face of few historical and legal precedents for such war crime prosecutions, each legal action relies on the framework of its predecessors. However, this only compounds the problematic issues arising from the Nuremberg proceedings. Meticulously combing volumes of testimony and documentary information about each case, Landsman offers judicious and critical assessments of the proceedings. He levels pointed criticism at numerous elements of this relatively recent judicial invention, sparing neither judges nor counsel and remaining keenly aware of the human implications. Deftly weaving legal analysis with cultural context, Landsman offers the first rigorous examination of these problematic proceedings and proposes guideposts for contemporary tribunals. "Crimes of the Holocaust" is an authoritative account of the Gordian knot of genocide prosecution in the world courts, which will persist as a confounding issue as we are faced with a trial of Saddam Hussein. This volume will be compelling reading for legal scholars as well as laypersons interested in these cases and the issues they address. Stephan Landsman is Robert A. Clifford Professor of Tort Law and Social Policy at DePaul University. Pennsylvania Studies in Human Rights 2005 320 pages 6 x 9 ISBN 978-0-8122-3847-1 Cloth $59.95s 39.00 ISBN 978-0-8122-0257-1 Ebook $59.95s 39.00 World Rights Law Short copy: Landsman discusses the difficulties inherent in prosecuting crimes against humanity, from the Eichmann trial to Milosevic.

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.

"Justice at Nuremberg" traces the history of the Nuremberg Doctors' Trial held in 1946-47, through the eyes of the Austrian emigre psychiatrist Leo Alexander. His investigations helped the United States to prosecute twenty German doctors and three administrators for war crimes and crimes against humanity. The legacy of Nuremberg was profound. In the Nuremberg code - a landmark in the history of modern medical ethics - the judges laid down, for the first time, international guidelines for permissible experiments on humans. One of those who helped to formulate the code was Alexander. "Justice at Nuremberg" provides a detailed insight into the origins of human rights in medical science and into the changing role of international law, ethics and politics.

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.

From videos of rights violations, to satellite images of environmental degradation, to eyewitness accounts disseminated on social media, human rights practitioners have access to more data today than ever before. To say that mobile technologies, social media, and increased connectivity are having a significant impact on human rights practice would be an understatement. Modern technology - and the enhanced access it provides to information about abuse - has the potential to revolutionise human rights reporting and documentation, as well as the pursuit of legal accountability. However, these new methods for information gathering and dissemination have also created significant challenges for investigators and researchers. For example, videos and photographs depicting alleged human rights violations or war crimes are often captured on the mobile phones of victims or political sympathisers. The capture and dissemination of content often happens haphazardly, and for a variety of motivations, including raising awareness of the plight of those who have been most affected, or for advocacy purposes with the goal of mobilising international public opinion. For this content to be of use to investigators it must be discovered, verified, and authenticated. Discovery, verification, and authentication have, therefore, become critical skills for human rights organisations and human rights lawyers. This book is the first to cover the history, ethics, methods, and best-practice associated with open source research. It is intended to equip the next generation of lawyers, journalists, sociologists, data scientists, other human rights activists, and researchers with the cutting-edge skills needed to work in an increasingly digitized, and information-saturated environment.

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.

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.

This volume offers an opportunity to revisit the whole of international criminal law. It appraises the contribution made to international criminal law by post-World War II national criminal courts and tribunals, and it makes a critical assessment of the Rome Statute as a viable working tool for international criminal justice.

In this book, the author outlines three independent bases for the existence of legal limits to the veto by UN Security Council permanent members while atrocity crimes are occurring. The provisions of the UN Charter creating the veto cannot override the UN's 'Purposes and Principles', nor jus cogens (peremptory norms of international law). There are also positive obligations imposed by the Geneva and Genocide Conventions in situations of war crimes and genocide - conventions to which all permanent members are parties. The author demonstrates how vetoes and veto threats have blocked the Security Council from pursuing measures that could have prevented or alleviated atrocity crimes (genocide, crimes against humanity, war crimes) in places such as Myanmar, Darfur, Syria, and elsewhere. As the practice continues despite regular condemnation by other UN member states and repeated voluntary veto restraint initiatives, the book explores how the legality of this practice could be challenged.

This collection of papers provides a commentary on and critique of Grotius' "De Jure Pacs ac Belli". It is the product of a joint research project on Grotius' book, carried out by the Research Group on the Fundamental Theory of International Law, headed by the editor. An awareness among a group of young international law scholars in Japan of the need to reconsider the methodology and fundamental problems of international law led to the formation of the group in 1976. Its purpose is to carry out basic research on the theory of international law, including its validity as law, the normativity and rationalizing function of international law, and the relations between international law and, in particular, international politics, justice, war, structural violence and colonialism. Through these researches, the group seeks to clarify its own views, to understand current problems of international law within their philosophical, political, historical and multi-cultural context, and ultimately to develop an approach which can overcome the defects of the so-called "positivistic" approach without reducing the science of international law to an ideology whose actual role is to justify the value

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.

This book argues for a more moderate approach to history-writing in international criminal adjudication by articulating the elements of a "responsible history" normative framework. The question of whether international criminal courts and tribunals (ICTs) ought to write historical narratives has gained renewed relevance in the context of the recent turn to history in international criminal law, the growing attention to the historical legacies of the ad hoc Tribunals and the minimal attention paid to historical context in the first judgment of the International Criminal Court. The starting point for this discussion is that, in cases of mass atrocities, prosecutors and judges are inevitably understood to be engaged in writing history and influencing collective memory, whether or not they so intend. Therefore, while writing history is an inescapable feature of ICTs, there is still today a significant lack of consensus over the proper place of this function. Since Hannah Arendt articulated her doctrine of strict legality, in response to the prosecutor's expansive didactic approach in Eichmann, the legal debate on the subject has been largely polarised between restrictive and expansive approaches to history-writing in mass atrocity trials. What has been noticeably missing from this debate is the middle ground. The contribution this book seeks to make is precisely to articulate a framework that occupies that ground. The book asks: what are the lenses through which judges of ICTs interpret historical events, what kind of histories do ICTs write? and what kinds of histories should ICTs produce? Its arguments for a more moderate approach to history-writing are based on three distinct, but interrelated grounds: (1) Truth and Justice; (2) Right to Truth; and (3) Legal Epistemology. Different target audiences may benefit from this book. Court officials and legal practitioners may find the normative framework developed herein useful in addressing the tensions between the competing objectives of ICTs and, in particular, in assessing the value of the history-writing function. Lawyers, historians and other academics may also find the analysis of the strengths, constraints and blind spots of the historical narratives written by ICTs interesting. This issue is particularly timely in view of current debates on the legacies of ICTs. Aldo Zammit Borda is Director of the Centre for Access to Justice and Inclusion at Anglia Ruskin University, Cambridge, UK.

This book focuses on the concept of state responsibility for international crimes which gained support following the First World War, but was pushed into the background by the development of the principle of individual criminal responsibility under international law after the Second World War. The concept became the topic of debate and controversy upon its inclusion in Part I of the United Nations International Law Commission's Draft Articles on State Responsibility adopted on first reading in 1980. The book considers the history and merits of a concept which, it is argued, is currently on the threshold between lex ferenda and lex lata and has a place and an existence in international law independent from the Draft Articles on State Responsibility.

Cultural rights promote cultural and scientific creativity. Transformative and empowering, they also enable the pursuit of knowledge and understanding, thereby working as atrocity prevention tools. The Transforming Power of Cultural Rights argues that this gives these rights a central role to play in promoting the full human personality and in realizing all other human rights. Looking at the work of the UN Special Rapporteurs in the field of cultural rights as well as UNESCO's efforts, Helle Porsdam addresses the question of how a universal human rights agenda can include a dialogue that recognizes the importance of cultural diversity without sliding into cultural relativism. She argues that cultural rights offer a useful international arena and discourse in which to explain and negotiate cultural meanings when controversies arise. This places them at the center of human rights - and at the center of law and humanities.

Reimagining the National Security State provides the first comprehensive picture of the toll that US government policies took on civil liberties, human rights, and the rule of law in the name of the war on terror. Looking through the lenses of theory, history, law, and policy, the essays in this volume illuminate the ways in which liberal democracy suffered at the hands of policymakers in the name of national security. The contributors, who are leading experts and practitioners in fields ranging from political theory to evolutionary biology, discuss the vast expansion of executive powers, the excessive reliance secrecy, and the exploration of questionable legal territory in matters of detention, criminal justice, targeted killings, and warfare. This book gives the reader an eye-opening window onto the historical precedents and lasting impact the security state has had on civil liberties, human rights and, the rule of law in the name of the war on terror.

By adopting a multi-disciplinary approach, this book provides a comprehensive analysis of the legality of the use of autonomous weapons systems under international law. It examines different arguments presented by States, roboticists and scholars to demonstrate the challenges such systems will create for the laws of war. This study examines how technology of warfare seeks to increase the dissociation of risk and communication between weapons and their human operators. Furthermore, it explains how algorithms might give rise to 'errors' on the battlefield that cannot be directly attributed to human operators. Against this backdrop, Dr Seixas-Nunes examines three distinct legal frameworks: the distinction between the legality of weapons and the laws of targeting; different mechanisms of individual accountability and the importance of recovering the category of 'dolus eventualis' for programmers and technicians and, finally, State responsibility for violations of the laws of war caused by weapons' software errors.

The international community is too often focused on responding to the latest cyber-attack instead of addressing the reality of pervasive and persistent cyber conflict. From ransomware against the city government of Baltimore to state-sponsored campaigns targeting electrical grids in Ukraine and the U.S., we seem to have relatively little bandwidth left over to ask what we can hope for in terms of 'peace' on the Internet, and how to get there. It's also important to identify the long-term implications for such pervasive cyber insecurity across the public and private sectors, and how they can be curtailed. This edited volume analyzes the history and evolution of cyber peace and reviews recent international efforts aimed at promoting it, providing recommendations for students, practitioners and policymakers seeking an understanding of the complexity of international law and international relations involved in cyber peace. This title is also available as Open Access on Cambridge Core.

Drawing upon Robbie Sabel's first-hand involvement with many legal negotiations in the Arab-Israeli conflict, International Law and the Arab-Israeli Conflict examines international law in relation to the conflict by analysing its major events and agreements, both historical and contemporary. Outlining the role of international law from the collapse of the Ottoman Empire until the present day, it considers the legal elements of the various peace treaties that Israel has signed with its neighbouring Arab States. Using his expertise as a professor, practitioner and ambassador, Sabel endeavours to represent both sides of the conflict, offering a wealth of counter-arguments and adding his own legal interpretations. With this valuable resource, students and researchers working within a range of disciplines can fully appreciate the role of international law in the Arab-Israeli conflict.

This volume, produced in co-operation with the Bonn International Center for Conversion, reviews the Russian chemical weapon destruction efforts, the factors which have hindered them and the reasons why Russian ratification of the Chemical Weapons Convention (CWC) was postponed until Autumn 1997.

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.